The Magnuson-Moss Warranty Act (“MMWA”), 15 U.S.C. §2301 et seq., is a federal consumer protection statute that governs written warranties on consumer products, including motor vehicles. The law allows consumers to pursue claims for breaches of both express warranties and implied warranties.

An express warranty generally consists of specific promises made by the manufacturer concerning the quality, performance, or repair obligations associated with the vehicle. These warranties are usually contained in warranty booklets, advertising materials, or repair representations. If the manufacturer repeatedly fails to repair defects covered by the written warranty, federal warranty claims may arise.

An implied warranty is different. Implied warranties arise automatically under state commercial law and generally require that a vehicle be reasonably fit for ordinary transportation purposes. Even where a manufacturer technically performs repairs, a vehicle that repeatedly stalls, loses power, leaks, overheats, or becomes unsafe may still violate implied warranty standards.

Magnuson-Moss permits prevailing consumers to recover attorney fees and costs in qualifying cases, which can significantly level the playing field against large manufacturers. These claims frequently involve transmission failures, electrical defects, engine problems, drivability concerns, and recurring safety-related defects.

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