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| Article |
| Private Actions Under the Magnuson-Moss Warranty Act |
| Milt Schroeder |
| 66 Cal. L. Rev. 1 (1978) |
| Open Access | Library Access |
|
Abstract: 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 warrantyremedies 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.). Magnuson-Moss Warranty Act, Uniform Commercial Code, consumer |
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