Private Actions Under the Magnuson-Moss Warranty Act
Milton R. Schroeder
Arizona State University (ASU) - Sandra Day O'Connor College of Law
California Law Review, Vol. 66, p.1, 1978
In this Article, Professor Schroeder examines the changes that the Magnuson-Moss Warranty Act brings to the law of consumer product warranties. Particular emphasis is given to the relationship between the Act and the Uniform Commercial Code and to the ambiguities created by the language of the Act. The federal action is parallel to and does not supplant state warranty remedies because the Act provides it does not restrict any 'right or remedy of any consumer under State law or any other Federal law.' Since the consumer may recover all litigation expenses, including attorneys' fees, in a successful Magnuson-Moss action, bringing a warranty action as a matter of federal rather than state law has advantages. There are, however, important differences between warranty recovery under Magnuson-Moss and under state law. This Article explores the new federal warranty law and compares it with the law of warranty which has developed under the Uniform Commercial Code (U.C.C.).
Number of Pages in PDF File: 36
Keywords: Magnuson-Moss Warranty Act, Uniform Commercial Code, consumer
Date posted: August 31, 2009
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