Attacking Breach of Implied Warranty Claims in Magnuson-Moss Actions Brought in Privity States

Articles & Publications

January 1, 2004

In breach of warranty actions brought against motor vehicle manufacturers or distributor/warrantors under the Magnuson-Moss - Federal Trade Commission Improvement Act of 1975, 15 U.S.C. § 2301, et seq. ("Magnuson-Moss Act"), consumers invariably include a breach of the implied warranty of merchantability claim along with their breach of written warranty claim against the remote manufacturer or distributor-warrantor. In theory, at least, a breach of implied warranty claim is easier to prove than is a breach of written warranty claim. Generally, in order to establish a breach of a written warranty, a consumer must show that parts or workmanship in the car proved defective under normal use and were not repaired or replaced under the warranty. Arguably, even if several defects arise, the written warranty is not breached provided that each is repaired or corrected within a reasonable time.

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