Get Repairs, Replacements, or Refunds. Understand Magnuson-Moss federal warranty law, implied warranty protection, FTC 2024 Right to Repair enforcement, California Song-Beverly Act, EU 2-year guarantee, and recent $62M+ settlements.
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Understand your rights and estimate potential recovery under Magnuson-Moss Warranty Act and state consumer protection laws
When you purchase a product, you have legal rights under warranty law—whether or not the manufacturer provided a written warranty. The Magnuson-Moss Warranty Act (federal law) and state consumer protection laws protect you from defective products and unfair warranty practices.
If a product fails or doesn't work as promised, you may be entitled to repairs, replacement, refund, or monetary damages. In many cases, the manufacturer must pay your attorney fees if you win, making it economical to pursue even modest claims.
Recent FTC enforcement (2024) has strengthened right-to-repair protections, warning major companies including ASRock, Gigabyte, and Zotac about illegal warranty practices that restrict consumers' ability to repair their own products.
Check if your situation qualifies for warranty protection and compensation
You do NOT need a written warranty to have protection. All products sold by merchants automatically come with an "implied warranty of merchantability" - meaning they must work for their ordinary purpose.
Manufacturers cannot disclaim implied warranties if they provide any written warranty (Magnuson-Moss Act prohibition). Even "as-is" sales have limitations and may not be enforceable for consumer goods in many states.
Understanding what you can claim for defective products and warranty breaches
Refund of purchase price, cost of repair, or replacement with equivalent product. This is the minimum recovery for successful warranty claims.
California Song-Beverly Act and Massachusetts Chapter 93A allow double or triple damages for willful violations. Plus consequential damages like property damage from defect.
Under Magnuson-Moss, if you win, manufacturer pays your attorney fees and costs. Makes it economical to hire lawyer even for modest claims ($500+).
Step-by-step process to maximize your recovery
Strong documentation is critical for warranty claims
Most warranty laws require this before seeking refund or legal action
Often resolves dispute without litigation
Multiple options depending on claim value
Claim deadlines vary significantly by jurisdiction - act promptly
Longest time limit. Consumer Rights Act 2015 provides 6 years to make claims (5 years in Scotland). First 30 days: right to full refund. After 30 days: right to repair or replacement first.
UCC § 2-725: Default 4-year statute of limitations from when defect discovered. Some states have shorter periods (2-3 years). California and other states may extend based on Song-Beverly Act or latent defect rules.
Song-Beverly Consumer Warranty Act: 4 years minimum, often longer for latent defects. Strongest U.S. state protection. Attorney fee recovery mandatory if you win.
German Civil Code (BGB): 3-year limitation period in addition to mandatory 2-year legal guarantee under EU law. Total protection can extend up to 5 years for some defects.
EU Directive 2019/771: Mandatory 2-year legal guarantee for all consumer goods. Burden of proof on seller for first 2 years. Right to Repair Directive 2024 requires repair option. Member states may provide longer periods.
Code de la consommation: 2-year legal conformity guarantee (EU Directive). Separate 2-year "hidden defects" protection (garantie des vices cachés) for defects not apparent at purchase.
Common questions about warranty rights and product defect claims
Get expert help with your product defect or warranty dispute. Magnuson-Moss fee-shifting means you don't pay if you win.