Federal Warranty Rights
Magnuson-Moss Warranty Act
Federal law gives you important rights when a dealer or manufacturer fails to honor a written warranty.
The Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) is a federal consumer protection statute that governs written warranties on consumer products, including motor vehicles. When a dealer or manufacturer fails to honor a written warranty, you may have legal remedies — and the court may award attorney's fees to a prevailing consumer.
What the Magnuson-Moss Warranty Act Covers
The Act applies to any written warranty on a consumer product costing more than $15. For motor vehicles, this includes the manufacturer's new vehicle warranty, certified pre-owned warranties, and any written warranty provided by the dealer. The Act does not require a seller to provide a warranty — but if one is provided in writing, the Act governs how it must be honored.
Full vs. Limited Warranties
The Act distinguishes between 'full' and 'limited' warranties. A full warranty must remedy defects within a reasonable time at no charge; if the product cannot be repaired after a reasonable number of attempts, the consumer may be entitled to a replacement or refund under a full warranty. A limited warranty may restrict available remedies but must still be honored as written. The remedies available to you depend on whether the warranty is designated full or limited, the specific warranty terms, and applicable state law. Dealers who misrepresent warranty coverage or refuse to honor warranty terms may violate the Act.
Tie-In Sales Prohibitions
Under the Act, a warrantor cannot require you to use a specific brand of parts or service as a condition of warranty coverage — unless those parts or services are provided free of charge. Dealers who void your warranty because you had routine maintenance performed at an independent shop, or who require you to purchase dealer-branded oil or filters to maintain coverage, may be violating the Act.
How Magnuson-Moss Interacts With Florida's FDUTPA
A Magnuson-Moss claim can be brought alongside a Florida FDUTPA claim. FDUTPA prohibits unfair or deceptive acts in trade or commerce — which includes a dealer's failure to honor a warranty, misrepresentation of warranty coverage, or sale of a vehicle with undisclosed defects that the warranty was supposed to cover. Combining both claims may maximize the remedies available to the consumer, depending on the facts.
Attorney's Fees Under Magnuson-Moss
One of the most important features of the Magnuson-Moss Warranty Act is the attorney's fees provision. If you prevail in a Magnuson-Moss claim, the court may award your attorney's fees and costs. This means that consumers with legitimate warranty claims can often find attorneys willing to take their cases on a contingency basis, with no upfront cost.
Frequently Asked Questions
Does Magnuson-Moss apply to used cars?
Yes, if the used car came with a written warranty — such as a certified pre-owned warranty or a dealer-provided warranty — the Act applies to that warranty. The Act does not require a warranty to be provided, but if one is given in writing, it must be honored.
Can a dealer void my warranty because I used an independent mechanic?
Generally no. Under the Magnuson-Moss Warranty Act's tie-in sales prohibition, a dealer cannot void your warranty simply because you had maintenance or repairs performed by an independent shop, unless the dealer provided those services free of charge. The dealer must show that the independent service actually caused the defect.
What if the dealer keeps failing to fix the same problem?
If a warrantor fails to remedy a defect after a reasonable number of attempts, you may have remedies under the Act. What remedies are available — and what constitutes a 'reasonable number of attempts' — depends on whether the warranty is full or limited, the specific warranty terms, the severity of the defect, and applicable state law. An attorney can evaluate the specific facts of your situation.
How does Magnuson-Moss relate to Florida's lemon law?
Florida's lemon law (Fla. Stat. § 681.10 et seq.) applies specifically to new motor vehicles and provides an administrative process before litigation. Magnuson-Moss is a federal statute that applies to any consumer product with a written warranty and allows you to go directly to court. The two remedies can sometimes be pursued together or in sequence.
Do I have to go through arbitration before suing under Magnuson-Moss?
The Act allows warrantors to require informal dispute resolution before litigation, but only if the program meets FTC standards. Many dealer arbitration programs do not meet those standards. An attorney can evaluate whether any pre-suit arbitration requirement in your contract is enforceable under the Act.
Warranty Denied or Ignored?
If a dealer or manufacturer has failed to honor a written warranty on your vehicle, you may have a federal claim under the Magnuson-Moss Warranty Act. Attorney Daren Stabinski offers free case evaluations and handles most warranty cases on a contingency basis.