Key takeaways
- The Magnuson-Moss Warranty Act (15 U.S.C. §§2301-2312) is the federal law on consumer product warranties. It lets a consumer sue over a broken written warranty, implied warranty or service contract (§2310(d)(1)).
- It doesn't require anyone to give a warranty. But a written warranty must be labeled 'full' or 'limited' (§2303), and only a full warranty must offer a refund or replacement after a reasonable number of repair attempts (§2304(a)(4)).
- If the warranty requires it, you may have to try the manufacturer's dispute program first. Under FTC rules that program can't charge you, must decide within 40 days in most cases, and its decision isn't binding on you (16 CFR §703.5).
- A consumer who finally prevails may be allowed reasonable attorney's fees and costs, at the court's discretion (§2310(d)(2)).
- A Magnuson-Moss claim can go to federal court only if at least $50,000 is in controversy, counting all claims in the suit (§2310(d)(3)). Otherwise it goes to state court.
On this page
- What the Magnuson-Moss Warranty Act does
- Written warranties and implied warranties
- Full warranties and limited warranties
- What "reasonable number of attempts" means under federal law
- Informal dispute settlement under 16 CFR Part 703
- Suing under Magnuson-Moss
- Attorney's fees under §2310(d)(2)
- Federal court and the $50,000 threshold under §2310(d)(3)
- How Magnuson-Moss works alongside state lemon laws
- Frequently asked questions
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties, and it gives car owners a way to sue when a warranty isn't honored. It sits next to your state's lemon law, not in place of it. For many owners, it fills gaps the state law leaves open, such as used cars, implied warranties and service contracts.
The Act is in 15 U.S.C. §§2301-2312, and the Federal Trade Commission writes the rules that carry it out. Here's how its main parts apply to vehicles.
What the Magnuson-Moss Warranty Act does
The Act sets rules for written warranties, protects implied warranties and lets consumers sue for breach. It does not make anyone offer a warranty. The FTC says the Act "does not require any business to provide a written warranty." Once a company does give one, the Act's rules apply.
It covers "consumer products," meaning property "normally used for personal, family, or household purposes" (15 U.S.C. §2301(1)). Cars, trucks, SUVs, motorcycles and RVs bought for personal use fit that definition. The protected "consumer" is broad. It includes the buyer, "any person to whom such product is transferred during the duration of an implied or written warranty," and anyone else the warranty or state law allows to enforce it (§2301(3)).
Written warranties and implied warranties
The Act protects two kinds of warranty, plus service contracts.
| Type | What it is | Where it comes from |
|---|---|---|
| Written warranty | A written promise that the product is defect free or will perform for a set time, or a written promise to repair, replace or refund if it doesn't (§2301(6)) | The manufacturer or seller's warranty booklet or document |
| Implied warranty | A promise the law reads into the sale, such as merchantability (§2301(7)) | State law, as changed by the Act |
| Service contract | A written contract to perform maintenance or repairs over a set period (§2301(8)) | Usually bought separately, often called an "extended warranty" |
Implied warranties get special protection. No supplier may disclaim them if it gives a written warranty, or if it sells a service contract at the sale or within 90 days after (15 U.S.C. §2308(a)). A supplier with a limited warranty may shorten implied warranties to the length of its written warranty, if that limit is reasonable, clear and shown prominently (§2308(b)).
Full warranties and limited warranties
Every written warranty on a product costing more than $10 must be labeled either "full" or "limited" (15 U.S.C. §2303). The label matters because only a full warranty carries the federal minimum standards in §2304.
Under a full warranty, the warrantor:
- must fix the product "within a reasonable time and without charge" (§2304(a)(1))
- may not limit how long implied warranties last (§2304(a)(2))
- may not exclude consequential damages unless the exclusion "conspicuously appears on the face of the warranty" (§2304(a)(3))
- must let you choose a refund or replacement if the defect remains "after a reasonable number of attempts" to fix it (§2304(a)(4))
- may not impose any duty on you other than notice, unless it shows that the duty is reasonable (§2304(b)(1))
A warranty that misses any of those standards is a limited warranty. The FTC's guide says a warranty is full only if each of its listed conditions is true; if any one is false, "your warranty is 'limited.'" Check the top of your warranty booklet for the label.
What "reasonable number of attempts" means under federal law
The phrase comes from §2304(a)(4), and federal law doesn't put a number on it. The statute says the FTC "may by rule specify" what counts as a reasonable number of attempts for different kinds of defects. So the question is decided case by case, based on the defect and the repair history.
State lemon laws are usually more specific. Many set a presumption tied to a number of repairs for the same problem or a number of days out of service. Our repair attempts page explains the common patterns, and your state page lists your state's numbers.
Two more federal points help here. A refund under the Act is the "actual purchase price (less reasonable depreciation based on actual use where permitted by rules of the Commission)" (§2301(12)). And if a repair isn't made within a reasonable time, you can recover reasonable incidental expenses caused by the delay (§2304(d)).
Informal dispute settlement under 16 CFR Part 703
A manufacturer can make you try its dispute program before you sue under Magnuson-Moss, but only if the program follows FTC rules and the written warranty says so (15 U.S.C. §2310(a)(3)). Those rules are in 16 CFR Part 703. Key requirements:
- No charge to you. The program "shall not charge consumers any fee" (16 CFR §703.3(a)).
- Independence. The program must be insulated from the manufacturer's influence (§703.3(b)).
- 40-day decision. Unless the dispute settles, the program must decide "at least within 40 days of notification of the dispute," with limited exceptions (§703.5(d), (e)).
- Not binding on you. "Decisions of the Mechanism shall not be legally binding on any person" (§703.5(j)). The manufacturer must act in good faith in deciding whether to follow a decision (§703.2(g)).
- Admissible in court. A program decision can be used as evidence in a later lawsuit (15 U.S.C. §2310(a)(3)).
Our page on arbitration and dispute programs covers the programs manufacturers use and how state rules add to these.
Suing under Magnuson-Moss
A consumer "damaged by the failure of a supplier, warrantor, or service contractor to comply" with the Act, a written warranty, an implied warranty or a service contract can sue "for damages and other legal and equitable relief" (15 U.S.C. §2310(d)(1)). A few rules shape that right:
- Chance to fix it. The person responsible under the warranty must get "a reasonable opportunity to cure" before most warranty suits go forward (§2310(e)).
- Right defendant. Only the warrantor that actually made the written warranty is bound by it (§2310(f)). A dealer that didn't give its own written warranty usually isn't liable on the manufacturer's.
- Dispute program first, if required. See the section above.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
Attorney's fees under §2310(d)(2)
A consumer who wins may be allowed reasonable attorney's fees, but the court decides. If a consumer "finally prevails," the court may award costs and expenses, "including attorneys' fees based on actual time expended," that were reasonably incurred. The court can deny fees if it decides an award "would be inappropriate" (15 U.S.C. §2310(d)(2)).
Many lemon laws, and the federal Magnuson-Moss Warranty Act, let a consumer who wins recover reasonable attorney's fees from the manufacturer; we explain exactly how fees work in your case before you sign anything. Our attorney fees and costs page compares the federal rule with state rules.
Federal court and the $50,000 threshold under §2310(d)(3)
You can bring a Magnuson-Moss claim in any state court with jurisdiction, or in federal court if the case meets three limits (15 U.S.C. §2310(d)(1)). A federal court won't hear the claim:
| Limit | Rule in §2310(d)(3) |
|---|---|
| Individual claim | Under $25 |
| Total amount in controversy | Under $50,000, not counting interest and costs, "computed on the basis of all claims to be determined in this suit" |
| Class action | Fewer than 100 named plaintiffs |
So a single-vehicle case needs at least $50,000 in controversy to be filed in federal court on the Magnuson-Moss claim alone.
How Magnuson-Moss works alongside state lemon laws
Magnuson-Moss adds to state law; it doesn't replace it. The Act says that nothing in it "shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law" (15 U.S.C. §2311(b)(1)). That's why owners often bring both claims together.
| Question | State lemon law (typical) | Magnuson-Moss |
|---|---|---|
| Which vehicles? | Usually new vehicles, sometimes leases and some used cars | Any consumer product with a written or implied warranty or service contract |
| Main remedy | Refund or replacement after a set number of repairs or days | Damages and other relief; refund or replacement election under a full warranty |
| Repair-attempt rule | Often a specific number or days out of service | "Reasonable number of attempts," decided case by case |
| Attorney's fees | Many states allow them for a winning consumer | Court may allow them to a consumer who finally prevails (§2310(d)(2)) |
| Dispute program first? | Some states require it | Only if the warranty requires it and the program meets 16 CFR Part 703 |
The federal law can also carry a used-car case that no state lemon law reaches. See lemon law for used cars and leased vehicles for those situations.
Frequently asked questions
What is the Magnuson-Moss Warranty Act?
It's the main federal law on warranties for consumer products, including cars, trucks and RVs bought for personal use. Passed in 1975 and codified at 15 U.S.C. §§2301-2312, it sets disclosure rules for written warranties, limits disclaimers of implied warranties and gives consumers a right to sue for breach. It doesn't force a manufacturer or dealer to give a warranty at all; the FTC says the Act 'does not require any business to provide a written warranty.' Once a written warranty is given, though, the Act's rules apply to it.
Is Magnuson-Moss the federal lemon law?
People often call it that, but it works differently from state lemon laws. State lemon laws usually spell out a refund or replacement remedy after a set number of repair attempts or days in the shop. Magnuson-Moss gives a refund-or-replacement election only for a 'full' warranty (15 U.S.C. §2304(a)(4)). For other warranties, it lets you sue for damages and other relief when the warrantor fails to honor the warranty (§2310(d)(1)). It also reaches used vehicles and implied warranties, which many state lemon laws don't. Many owners have claims under both.
What is the difference between a full and a limited warranty?
A full warranty meets the federal minimum standards in 15 U.S.C. §2304. Among other things, the warrantor must fix the defect within a reasonable time without charge, can't limit how long implied warranties last and must let you choose a refund or replacement if the defect remains after a reasonable number of attempts. Any written warranty that falls short of those standards must be labeled 'limited' (§2303(a)). Check the first page of your warranty booklet. The label tells you which set of rules applies.
Do I have to use the manufacturer's arbitration program before suing?
Only if the written warranty requires it and the program meets FTC rules. Under 15 U.S.C. §2310(a)(3), a warrantor can require you to try its informal dispute settlement program before filing a Magnuson-Moss suit, if the program complies with 16 CFR Part 703. That requirement is met 40 days after you notify the program, or when it finishes its work, whichever is sooner, unless an allowed delay applies (16 CFR §703.5(i)). Many state lemon laws have their own first-resort rules, too. See our page on arbitration and dispute programs.
Can I get attorney's fees under Magnuson-Moss?
Possibly. If a consumer 'finally prevails,' the court may allow recovery of costs and expenses, 'including attorneys' fees based on actual time expended,' that it finds were reasonably incurred (15 U.S.C. §2310(d)(2)). The court can refuse fees if it decides an award 'would be inappropriate.' So fees are possible, not automatic, and they depend on winning. Many lemon laws, and the federal Magnuson-Moss Warranty Act, let a consumer who wins recover reasonable attorney's fees from the manufacturer; we explain exactly how fees work in your case before you sign anything. More on our attorney fees page.
Can I file a Magnuson-Moss claim in federal court?
Only if the case is big enough. Under 15 U.S.C. §2310(d)(3), a Magnuson-Moss claim isn't heard in federal court if any individual claim is under $25, if the amount in controversy is under $50,000 (not counting interest and costs) computed on all claims in the suit, or, for a class action, if there are fewer than 100 named plaintiffs. Claims that don't meet those limits can still be filed in any state court with jurisdiction (§2310(d)(1)(A)).
Does Magnuson-Moss cover used cars?
Yes, when there's a warranty or service contract to enforce. The Act covers written warranties, implied warranties and service contracts on consumer products, new or used. It also limits 'as is' sales: a supplier that gives a written warranty, or sells a service contract at the sale or within 90 days, can't disclaim implied warranties (15 U.S.C. §2308(a)). And a used-car buyer who gets the car during the factory warranty is a 'consumer' who can enforce it (§2301(3)). Our used cars page covers the details.
Sources
- 15 U.S.C. §2301, Definitions
- 15 U.S.C. Chapter 50, Consumer Product Warranties (§§2301-2312)
- 15 U.S.C. §2304, Federal minimum standards for warranties
- 15 U.S.C. §2308, Implied warranties
- 15 U.S.C. §2310, Remedies in consumer disputes
- 15 U.S.C. §2311, Applicability to other laws
- 16 CFR Part 703, Informal Dispute Settlement Procedures (eCFR)
- FTC, Businessperson's Guide to Federal Warranty Law