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For your safety
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.
