Warranty Claims

The short version

This lesson explains your rights when a product you buy doesn't work as promised. It covers both guarantees made by the seller (express warranties) and basic expectations that products should meet (implied warranties). Knowing these rules helps you get a repair, replacement, or refund for faulty items. Your rights are protected by federal law, specifically the Magnuson-Moss Warranty Act.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

• 15 U.S.C. § 2301(6)

  This section defines a 'written warranty' as any written promise or affirmation of fact made by a supplier to a consumer, related to the material or workmanship of a consumer product, which becomes part of the basis of the bargain. It also includes undertakings to refund, repair, replace, or take other remedial action if the product fails to meet the specifications.

  Why it matters: This means if a seller puts a guarantee in writing about a product, it counts as a legal promise you can enforce.

• 15 U.S.C. § 2301(7)

  This section defines an 'implied warranty' as an implied warranty arising under State law. It does not create new implied warranties but recognizes those established by state laws.

  Why it matters: Even without a written guarantee, products generally come with basic, unwritten promises that they will work for their intended purpose, as defined by your state's laws.

• 15 U.S.C. § 2304(a)

  If a supplier offers a 'full' written warranty, they must remedy the consumer product within a reasonable time and without charge if it is defective or malfunctions. If, after a reasonable number of attempts, the product cannot be remedied, the consumer can choose either a refund or a replacement without charge.

  Why it matters: This protects you by requiring companies to fix products under a full warranty or give you your money back or a new item if they can't.

• 15 U.S.C. § 2308(a)

  This section states that a supplier cannot disclaim or limit the duration of any implied warranty to a consumer if a written warranty is given for a consumer product. However, if only a 'limited' written warranty is offered, the duration of implied warranties can be limited to the duration of the written warranty.

  Why it matters: This prevents sellers from giving you a written warranty with one hand and taking away your basic, unwritten rights (implied warranties) with the other.

Words you need to know

Consumer Product

Any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes. (15 U.S.C. § 2301(1))

Supplier

Any person engaged in the business of making a consumer product directly or indirectly available to consumers. (15 U.S.C. § 2301(4))

Warrantor

Any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty. (15 U.S.C. § 2301(5))

Written Warranty (Express Warranty)

A written promise about the quality or performance of a product, or a written promise to fix or replace a product if it fails. (15 U.S.C. § 2301(6))

Implied Warranty

An unwritten guarantee that a product will meet certain minimum standards, like being fit for its ordinary purpose, as defined by state law. (15 U.S.C. § 2301(7))

Full Warranty

A specific type of written warranty that offers broader protections, including the right to a refund or replacement if the product cannot be fixed after a reasonable number of attempts. (15 U.S.C. § 2304(a))

Limited Warranty

Any written warranty that does not meet the requirements for a full warranty. Its terms must be clearly identified and explained. (15 U.S.C. § 2303(a)(2))

Your rights

• ✓You have the right to enforce any written promises (express warranties) made by a seller about a product's quality or performance.
• ✓You have the right to basic, unwritten guarantees (implied warranties) that a product will work as expected, even without a written warranty.
• ✓If a product comes with a 'full' written warranty and cannot be fixed after a reasonable number of tries, you can choose a refund or a new replacement product. (15 U.S.C. § 2304(a))
• ✓A seller offering a written warranty generally cannot completely get rid of your implied warranty rights. (15 U.S.C. § 2308(a))
• ✓You have the right to clear information about warranty terms and conditions. (15 U.S.C. § 2302(a))

How the process actually works

1. 1
   Identify the Problem

   As soon as you notice the issue.

   Figure out what is wrong with the product and how it fails to meet the promises made (written warranty) or basic expectations (implied warranty). Gather any evidence like photos or videos.

2. 2
   Gather Documentation

   Before contacting the seller/manufacturer.

   Collect your proof of purchase (receipt, invoice), the product's warranty card or documentation, and any communication you've had with the seller or manufacturer. Locate the product's model and serial numbers.

3. 3
   Contact the Seller or Manufacturer

   Within the warranty period, and ideally soon after discovering the defect.

   Reach out to the company that sold you the product or the product's manufacturer, following the instructions in the warranty document. Clearly explain the problem and what you expect (repair, replacement, refund).

4. 4
   Keep Records

   Throughout the entire process.

   Document all your communications: dates, names of people you spoke with, what was discussed, and copies of letters or emails. This creates a paper trail if further action is needed.

5. 5
   Attempt Resolution

   As specified in the warranty, or within a 'reasonable time' (Varies by state).

   Allow the warrantor a reasonable number of attempts to fix the product under the warranty. If they fail to remedy a defect under a full warranty, you may then choose a refund or replacement. (15 U.S.C. § 2304(a))

6. 6
   Consider Formal Action

   After attempts at direct resolution have failed.

   If direct communication fails, you might explore options like consumer arbitration programs (if available and agreed to), filing a complaint with a consumer protection agency, or considering legal action.

Deadlines that can end your case

• Written Warranty Claim
  As specified in the warranty document

  If you do not report the defect or malfunction within the period stated in the written warranty, you may lose your right to a remedy.

• Implied Warranty Claim
  Varies by state (often 4 years under the Uniform Commercial Code, but can be limited to the length of an accompanying written warranty if it is a 'limited warranty' (15 U.S.C. § 2308(b)))

  State law sets these limits. Missing this deadline means you generally cannot sue for breach of implied warranty.

• Notification of Defect
  Varies by state (often 'reasonable time' after discovery)

  Even within the warranty period, you typically must notify the seller of the problem within a reasonable time after you discover it, or you might lose your rights.

Common questions

How this changes by state

While the Magnuson-Moss Warranty Act is a federal law, many aspects of warranty law, especially implied warranties and specific remedies, are heavily influenced by state law. Each state adopts its own version of the Uniform Commercial Code (UCC), which governs sales of goods and sets the standards for implied warranties like the 'implied warranty of merchantability' (meaning the product is fit for its ordinary purpose) and 'implied warranty of fitness for a particular purpose.' The exact duration of implied warranties and specific legal procedures can vary. To find your state's rules, search for your state's Uniform Commercial Code statutes related to sales (usually within Article 2), and look for state consumer protection agencies that can provide guidance.

When you need a lawyer

You should consider contacting a lawyer if the warrantor completely denies a valid claim, if you believe your rights under a full warranty are being ignored, if you're dealing with a significant financial loss due to a product defect, or if the terms of the warranty are complex or unclear. Also, if a company is unresponsive or you need to pursue formal legal action like a lawsuit, a lawyer can guide you through the process.

Do this today

• →Review any product warranties you currently have for major purchases.
• →Keep all your sales receipts and product warranty documents organized in a safe place.
• →Before buying a product, ask to see the warranty information to understand what's covered.
• →If you discover a product defect, gather all documentation before contacting the seller or manufacturer.