Home/Consumer Rights/Warranty & Product Defect

Warranty & Product Defect Rights

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.

$62M
Hyundai/Kia Airbag Settlement (2024-2027 claims)
$50M
Apple MacBook Keyboard Settlement ($50-$395 payouts, 2024)
Free
Attorney Fees if You Win (Magnuson-Moss Fee-Shifting)
2 Years
EU Mandatory Legal Guarantee (All Consumer Goods)

Calculate Your Warranty Claim Value

Enter your details to estimate your potential compensation and case strength

Warranty Claim Calculator

Understand your rights and estimate potential recovery under Magnuson-Moss Warranty Act and state consumer protection laws

Our AI will analyze your description and guide you through the next steps

Understanding Your Warranty and Product Defect Rights

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.

2024-2025 Key Updates

  • FTC July 2024: Sent warning letters to 8 companies for illegal "warranty void if removed" stickers and restrictions on third-party repairs
  • Oregon Right to Repair Law took effect January 1, 2025, with civil penalties up to $1,000 per day for violations
  • Magnuson-Moss allows attorney fee recovery if you win - makes hiring attorneys economical for $500+ product claims

Your Protected Rights

  • Implied warranty protection even without written warranty - products must work for their ordinary purpose
  • Right to repair using third-party services - manufacturers cannot void warranty for independent repairs unless the repair caused the problem
  • Attorney fee recovery under Magnuson-Moss if you prevail - levels the playing field against large corporations

Am I Eligible for a Warranty Claim?

Check if your situation qualifies for warranty protection and compensation

1. Product Must Be Defective or Not as Promised

Product doesn't work for its intended purpose (implied warranty of merchantability)
Product fails to match written warranty promises or advertising claims (express warranty)

2. Defect Must Exist During Warranty Period

Problem occurred while warranty was active (or latent defect that existed during warranty)
For implied warranties: defect typically must occur within "reasonable time" (1-6 years depending on product type and jurisdiction)

3. You Gave Manufacturer Opportunity to Repair

Notified manufacturer of defect and allowed reasonable repair attempts (typically 2-4 attempts)
If manufacturer refused repair or failed after reasonable attempts, you can seek refund/replacement

4. Within Time Limits for Your Jurisdiction

US: Typically 2-6 years from discovery of defect (varies by state)
Damage caused by misuse, abuse, or normal wear and tear is typically not covered

Important: Implied Warranty Protection

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.

What Compensation Can I Recover?

Understanding what you can claim for defective products and warranty breaches

Basic Recovery

Repair Cost or Product Value

Refund of purchase price, cost of repair, or replacement with equivalent product. This is the minimum recovery for successful warranty claims.

Enhanced Damages

2x-3x Damages

California Song-Beverly Act and Massachusetts Chapter 93A allow double or triple damages for willful violations. Plus consequential damages like property damage from defect.

Attorney Fees

Full Fee Recovery

Under Magnuson-Moss, if you win, manufacturer pays your attorney fees and costs. Makes it economical to hire lawyer even for modest claims ($500+).

How to Claim Your Warranty Rights

Step-by-step process to maximize your recovery

1
Document Everything

Strong documentation is critical for warranty claims

  • Keep all receipts, warranty cards, and proof of purchase
  • Document all repair attempts with dates, descriptions, and outcomes
  • Take photos/videos of the defect
  • Save all correspondence with manufacturer (emails, letters, chat logs)
  • Get written denials if manufacturer refuses warranty claim

2
Give Manufacturer Opportunity to Repair

Most warranty laws require this before seeking refund or legal action

  • Send written notice of defect (certified mail recommended for evidence)
  • Allow reasonable time for manufacturer to respond (typically 30 days)
  • Document any repair attempts and outcomes
  • Keep records if manufacturer refuses, delays unreasonably, or fails to fix after reasonable attempts (typically 2-4 attempts)

3
Send Formal Demand Letter

Often resolves dispute without litigation

  • Cite specific warranty provisions and legal rights (Magnuson-Moss, UCC § 2-314 implied warranty, state laws)
  • Demand specific remedy: repair, replacement, or refund
  • Set reasonable deadline for response (e.g., 30 days)
  • Note that Magnuson-Moss allows attorney fee recovery if you win (motivates manufacturer to settle)
  • Send via certified mail and keep proof of delivery

4
Consider Legal Action if Manufacturer Doesn't Comply

Multiple options depending on claim value

  • Small claims court: For amounts under jurisdictional limit ($5,000-$10,000 depending on state). Fast, inexpensive, no attorney required.
  • Consult consumer protection attorney: For products $500+, Magnuson-Moss fee-shifting makes hiring attorney viable (they get paid by manufacturer if you win)
  • Join class action if one exists: Check classaction.org for settlements involving your product
  • File complaint with FTC: For deceptive warranty practices (ftc.gov/complaint)
  • File complaint with state Attorney General consumer protection division

Time Limits to File Warranty Claims by Country

Claim deadlines vary significantly by jurisdiction - act promptly

United Kingdom

6 years

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.

United States (Most States)

4 years

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.

California

4 years+

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.

Germany

3 years

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.

European Union

2 years minimum

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.

France

2 years

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.

Frequently Asked Questions

Common questions about warranty rights and product defect claims

What is the Magnuson-Moss Warranty Act?

What is an implied warranty?

Can a manufacturer void my warranty for using third-party repairs?

What recent settlements should I know about for 2024-2025?

How long do I have to file a warranty claim?

What if the manufacturer is out of business?

Do I need the original receipt to enforce a warranty?

What is the FTC's 2024 Right to Repair enforcement about?

What is "as is" and does it void all warranties?

Can I get a refund or only repair/replacement?

Should I join a class action or pursue my own claim?

What if the product caused personal injury or property damage?

Loading jurisdiction data...

Ready to Pursue Your Warranty Claim?

Get expert help with your product defect or warranty dispute. Magnuson-Moss fee-shifting means you don't pay if you win.

Attorney fees paid by manufacturer if you win2-6 year claim window depending on jurisdictionFree consultations for $500+ product claims