Are You Providing Your Warranty Correctly? Congress Just Passed a Law!

15 October 2015 Dashboard Insights Blog
Authors: Jeffrey A. Soble

Believe it or not, Congress passed a law. That law impacts how you, Automotive Industry Company, are providing your warranties (hopefully, limited warranties with limited remedies – but that is a topic for another post). The E-Warranty Act of 2015 now permits disclosure of consumer warranty terms via the “manufacturer’s” website. That is right Automotive Industry, the Magnuson-Moss Warranty Act has been amended.

Should be straightforward right? Not exactly. No one can really know yet because the FTC has one year to harmonize its existing Pre-Sale Availability Rule with this new amendment. Regardless, two things are clear: first, if a consumer requests warranty text in any way, it must be provided. Second, at the “point-of-purchase”, the warrantor must provide a way to see the warranty. Therefore, if the warranty is on a webpage, the warrantor must have a means available – computer, tablet, phone, paper, etc. – that can quickly pull up the warranty upon request.

Did things change? Maybe. Will they change more? Probably. Rich Casper has helpfully provided more detail in a Legal News Alert titled, appropriately, “President Signs Consumer Warranty Amendment.”

Regardless, we can all be excited that Congress passed legislation, and the President signed it. That alone may be news.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Related Services