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7.11 Warranty Laws
The following laws govern warranties that arise in retail sales of
consumer goods:
• The California Song-Beverly Consumer Warranty Act [CC §§1790
et seq],
• The California Uniform Commercial Code, Division Two [Com C
§§2101 et seq], and
• The federal Magnuson-Moss Warranty Federal Trade Commission
Improvement Act [15 USC §§2301 et seq; 16 CFR Parts 701– 703].
A typical Magnuson-Moss Act warranty is a written promise that
the product is free of defects or a written promise to refund, repair,
or replace defective goods. [See 15 USC §2301(6).] Remedies
include damages for failing to honor a written warranty or service
contract or for violating disclosure provisions. [See 15 USC
§2310(d).] Except for some labeling and disclosure requirements,
the federal Act does not preempt state law. [See 15 USC §2311.]
The Consumer Warranty Act does not affect the rights and obligations
of parties under the state Uniform Commercial Code, except the
provisions of the Act prevail over provisions of the Commercial Code
when they conflict. [CC §1790.3.]
For purposes of small claims actions, this course will focus on rights
and duties under the state laws.
LIMITED WARRANTY STATEMENT
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