What the Magnuson–Moss Act Means for You
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The federal law that transformed how warranties are written, advertised, and enforced — and what rights you have when a product breaks.
TL;DR
- The Magnuson–Moss Warranty Act of 1975 created national standards for written consumer product warranties1.
- It requires sellers to label warranties as either “full” or “limited”, disclose coverage terms clearly, and make them available before purchase2.
- It empowers the Federal Trade Commission to enforce deceptive warranty or advertising practices and allows consumers to sue in federal court for breach of warranty.
- The Act doesn’t mandate that any company offer a warranty — but if they do, they must follow its disclosure and fairness rules.
How and why Magnuson–Moss came about
Before the mid-1970s, consumer warranties were a legal maze. Manufacturers could advertise “guaranteed for life” yet bury disclaimers in fine print, leaving buyers with little recourse. Amid a wave of 1960s consumer-rights legislation championed by figures like Senator Warren Magnuson and Representative John Moss, Congress aimed to curb deceptive warranty practices.
The Magnuson–Moss Warranty — Federal Trade Commission Improvement Act (Pub. L. 93-637, 15 U.S.C. § 2301 et seq.) passed in 1975, giving the FTC explicit power to regulate written warranties, ensure transparency, and encourage informal dispute resolution rather than endless lawsuits.
Key definitions from the Act itself
Under 15 U.S.C. § 2301, Congress defined several key terms that still shape every modern warranty:
“Consumer product” means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes.
“Written warranty” means any written affirmation of fact or promise made by a supplier… which affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time.
“Full warranty” means a written warranty that meets the Federal minimum standards for warranty set forth in section 2304 of this title.
“Limited warranty” means any written warranty that does not meet such standards.
Those distinctions — particularly between “full” and “limited” — are the backbone of how warranties are still labeled today.
“Full” vs. “Limited”: what the law actually says
Section 2304 of the Act (Minimum standards for “full” warranties) states:
(1) The warrantor must remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with the written warranty.
(2) The warrantor may not impose any limitation on the duration of any implied warranty on the product.
(3) The warrantor must permit the consumer to choose either a refund or replacement if, after a reasonable number of attempts, the product cannot be repaired.
(4) The warrantor may not exclude or limit consequential damages unless such exclusion or limitation appears conspicuously on the face of the warranty.
In short, a full warranty promises repair or replacement at no cost and free choice of refund if the product can’t be fixed after reasonable tries. Anything that doesn’t meet those standards is a limited warranty — the far more common form today.
FTC rules that give the Act its teeth
The FTC issued detailed implementing regulations in 16 C.F.R. Parts 700–703. Highlights include:
- Part 700 – Interpretations. Clarifies definitions, disclosure obligations, and how implied warranties interact with written ones.
- Part 701 – Disclosure of Warranty Terms. Requires that written warranties be “clearly and conspicuously” stated in a single, readable document and made available before sale — in store or online.
- Part 702 – Pre-sale Availability. Sellers must display warranty text or provide it upon request before purchase.
- Part 703 – Informal Dispute Settlement Procedures. Encourages fair, independent resolution programs as prerequisites to court action.
The Commission also enforces 16 C.F.R. Part 239 — the Guides for the Advertising of Warranties and Guarantees — to prevent misleading marketing language, such as misuse of the word “lifetime.”
What it means for you as a consumer
- You must be able to read warranty terms before buying. Retailers and websites can’t hide the fine print until after checkout.
- Implied warranties still apply. Even limited warranties can’t erase basic “merchantability” rights under state law.
- You can take action. The Act authorizes suits for breach of warranty in federal or state court, and in some cases allows recovery of attorney’s fees.
- Manufacturers can’t disclaim responsibility once they issue a written warranty. They’re bound to honor it fairly and promptly.
- Dispute-resolution programs must be transparent and free to consumers if they’re a required first step before litigation.
Historical and enforcement highlights
Since 1975, the FTC and state attorneys general have brought numerous actions for deceptive warranty practices. Notable milestones include:
- FTC v. General Motors (1979) — clarified that warranty coverage must be stated in plain English and not mislead through marketing brochures.
- FTC “Plain Language” initiative (1980s) — encouraged readable warranty documents, inspiring later “Nutrition Facts” and credit disclosure formats.
- e-commerce adaptations (2000s-2020s) — rules updated so that warranty text must be available online with the product listing.
Today, Magnuson–Moss remains one of the most consumer-friendly tools in U.S. commercial law, influencing how service contracts, “lifetime” promises, and even extended-warranty upsells are advertised.
How to read a warranty label through the Magnuson–Moss lens
| Label wording | What to check | Why it matters |
|---|---|---|
| “Full warranty” | Confirm it offers free repair or replacement, no-cost service, and refund/replacement after failed repairs. | Otherwise it’s mislabeled and may violate § 2304. |
| “Limited warranty” | Look for exclusions, time limits, or “original-owner only” language. | Disclosure must be clear and conspicuous under 16 C.F.R. § 701.3. |
| “As is” sale | Permitted only where no written warranty is offered; state implied-warranty laws still vary. | Once a written warranty is given, “as is” disclaimers no longer apply. |
Common pitfalls and misunderstandings
- Assuming “limited” means worthless. Limited warranties can still cover core defects for years — just read the scope.
- Thinking state law no longer applies. The Act supplements, not replaces, state implied-warranty protections.
- Believing registration is mandatory. A company can request it but can’t make coverage conditional unless clearly stated.
- Relying on verbal promises. Only the written warranty — and applicable implied ones — are enforceable under the Act.
Footnotes & References
- Magnuson–Moss Warranty — Federal Trade Commission Improvement Act, 15 U.S.C. § 2301 et seq. (1975). FTC Statute · GovInfo PDF
- FTC Businessperson’s Guide to Federal Warranty Law — plain-language interpretation of Parts 700–703. FTC.gov
- 16 C.F.R. Parts 700–703 — Interpretations, Disclosure, Pre-sale Availability, and Dispute Resolution. eCFR
- 16 C.F.R. Part 239 — Guides for the Advertising of Warranties and Guarantees. LII