---
title: Consumer Warranty Rights
description: An overview of the legal rights and remedies available to consumers under warranty laws in the United States.
keywords: [consumer protection, warranty, implied warranty, express warranty, Magnuson-Moss Warranty Act]
category: law
---

## Introduction to Consumer Warranty Rights

The rights of consumers with respect to product warranties are primarily governed by the federal Magnuson-Moss Warranty Act,[^1] as well as various state-level consumer protection laws. These laws establish minimum standards for the content and duration of express warranties, and also imply certain warranties even where the manufacturer has not provided an express written warranty. Consumers who have been sold a product that fails to conform to the applicable warranties may be entitled to a refund, replacement, or repair of the defective item, as well as potential recovery of consequential damages and attorney's fees.

[^1]: 15 U.S.C. §§ 2301-2312.

## Express Warranties

An express warranty is a written statement by the manufacturer or seller that describes the product's qualities or performance characteristics.[^2] Under the Magnuson-Moss Act, any supplier who offers an express warranty must ensure that the terms of the warranty are "clear and easy to read."[^3] The duration of an express warranty is determined by the language used, and may range from a limited 90-day period to a "lifetime" guarantee. 

[^2]: 15 U.S.C. § 2301(6).
[^3]: 15 U.S.C. § 2302(a).

If a product fails to conform to an express warranty, the consumer is entitled to the remedy specified in the warranty, such as a refund, replacement, or repair.[^4] The supplier bears the burden of proving that the product conformed to the express warranty.[^5] Consumers may also be able to recover consequential damages, such as lost wages or property damage caused by the defective product, as well as attorney's fees if they prevail in a lawsuit.[^6]

[^4]: 15 U.S.C. § 2304(a).
[^5]: Schroeder v. Barth, Inc., 969 F.2d 421, 424 (7th Cir. 1992).
[^6]: 15 U.S.C. § 2310(d).

## Implied Warranties

Even in the absence of an express written warranty, the law implies certain warranties about the quality and fitness of consumer products. The implied warranty of merchantability requires that a product be "fit for the ordinary purposes for which such goods are used."[^7] The implied warranty of fitness for a particular purpose applies when the seller knows the buyer's specific intended use for the product and the buyer relies on the seller's expertise in selecting an appropriate item.[^8]

[^7]: U.C.C. § 2-314(2)(c).
[^8]: U.C.C. § 2-315.

Implied warranties cannot be disclaimed or limited for consumer products costing $5 or less.[^9] For more expensive items, the Magnuson-Moss Act requires that any disclaimer or limitation of implied warranties be "conspicuous" and in plain language.[^10] Even with a valid disclaimer, the implied warranty of title cannot be excluded.[^11]

[^9]: 15 U.S.C. § 2308(a).
[^10]: 15 U.S.C. § 2308(b).
[^11]: U.C.C. § 2-312.

If a product fails to conform to an implied warranty, the consumer may be entitled to a refund, replacement, or repair, as well as consequential damages.[^12] The supplier bears the burden of proving that the product was merchantable and fit for its intended purpose.[^13]

[^12]: Kopper v. Daimler-Chrysler Corp., 818 N.E.2d 1172, 1177 (Ill. App. Ct. 2004).
[^13]: Skelton v. Gen. Motors Corp., 500 F. Supp. 1181, 1191 (N.D. Ill. 1980).

## Remedies for Breach of Warranty

When a product fails to conform to an express or implied warranty, the consumer's primary remedies are repair, replacement, or refund. Under the Magnuson-Moss Act, if a warrantor is unable to repair or replace a product after a reasonable number of attempts, the consumer is entitled to a refund or a replacement "without charge."[^14] The Act also allows consumers to recover consequential damages, such as lost wages or property damage, as well as attorney's fees if they prevail in a lawsuit.[^15]

[^14]: 15 U.S.C. § 2304(a)(1).
[^15]: 15 U.S.C. § 2310(d).

Some state laws provide additional remedies for breach of warranty. For example, the California Song-Beverly Consumer Warranty Act allows consumers to recover a civil penalty of up to two times the amount of actual damages, in addition to attorney's fees.[^16] Similarly, the Texas Deceptive Trade Practices Act permits consumers to recover economic damages, mental anguish damages, and attorney's fees for violations of the state's warranty laws.[^17]

[^16]: Cal. Civ. Code § 1794(c).
[^17]: Tex. Bus. & Com. Code § 17.50(b).

## Limitations and Exclusions

Suppliers are not without recourse, however. The Magnuson-Moss Act permits them to include certain limitations and exclusions in their warranties, such as disclaiming liability for damage caused by consumer misuse or neglect.[^18] Suppliers may also limit the duration of implied warranties to the same period as an accompanying express warranty, provided that the limitation is "conscionable" and "set forth in clear and unmistakable language."[^19]

[^18]: 15 U.S.C. § 2304(c).
[^19]: 15 U.S.C. § 2308(b).

Additionally, the Act's protections do not apply to products purchased for commercial or industrial use, rather than for personal, family, or household purposes.[^20] Some states also exempt certain types of products, such as used motor vehicles, from their warranty laws.[^21]

[^20]: 15 U.S.C. § 2301(1).
[^21]: See, e.g., Tex. Occ. Code § 2301.453(c).

## Conclusion

In summary, consumers in the United States enjoy robust legal protections with respect to product warranties, both express and implied. The Magnuson-Moss Warranty Act and various state laws provide consumers with a range of remedies, including repair, replacement, refund, and the recovery of consequential damages and attorney's fees. However, suppliers are not without recourse, as they may include certain limitations and exclusions in their warranties, and the laws' protections do not extend to all types of purchases. Consumers and suppliers alike should familiarize themselves with the applicable warranty laws to ensure their rights and obligations are properly understood.