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What is the Magnuson-Moss Warranty Act?
The Magnuson-Moss Warranty Act, 15 U.S.C. §2301 et seq. (“MMWA”) is a federal law (basically a federal Lemon Law) that applies to all consumer product written warranties (including Motor Vehicle, Boat, RV/Motor Home, and Off-road Vehicle warranties). All vehicles are covered by the MMWA so long as they have a written warranty and are consumer products (big rig trucks or tractor trailers for example are excluded).
There are no exceptions depending on the type of consumer vehicle like in the Nebraska Lemon Law and the MMWA can be used to assist you if the Nebraska Lemon Law is expired on your vehicle so long as you've had original manufacturer warranty repairs that are too numerous or that have taken too long to complete.
In some situations, the MMWA uses the standards in State warranty law for limited written warranties and implied warranties to determine when there is a warranty breach entitling you to compensation. For the vast majority of States across the nation, including Nebraska, a product warranty is breached under the MMWA if defect repairs are untimely, repetitive, or unreasonably numerous.
The MMWA applies to the entire time your manufacturer's warranty is in effect, e.g., 3 year/36,000 mile bumper to bumper warranty or 5 year/60,000 mile powertrain warranty, etc.
What Can I Get for an MMWA Breach of Warranty Claim?
The main type of compensation for an MMWA limited warranty breach is diminution in value CASH money instead of a Nebraska Lemon Law refund or replacement. Diminution in value means that your vehicle was not worth what you paid for it at the time of purchase (the sales price) because of its defects and repair history.
Basically, you overpaid for your vehicle. You should get some of your money back from the manufacturer because you did not get the "new" vehicle value you paid for, but instead got the equivalent of a "used" worn down vehicle that should have cost you substantially less.
Under certain circumstances it may also be possible to obtain compensation for your aggravation and inconvenience caused by repeat repairs and/or your loss of use of the product. These are called incidental and consequential damages. Although this type of compensation is typically disclaimed (excluded) in your manufacturer's warranty, the disclaimers can be overcome if failure of essential purpose (failure to complete proper repairs within a reasonable opportunity) is proven.
Additionally, you are entitled to seek attorneys' fees for MMWA claims and our Firm requests attorneys' fees only from Motor Home, Car, RV, Boat, and Off-road Vehicle manufacturers as part of out-of-court MMWA settlements.
As always, with our FAIR FEE GUARANTEE our attorneys' fees will NEVER exceed your out of court compensation.
Can My Motorhome/RV, Car, Motorcycle, ATV, UTV, Boat, and/or Offroad Vehicle Case be Settled Out of Court?
Fortunately, just like for our Nebraska Lemon Law cases, the vast majority of our clients' RV/Motor Home, Car, Motorcycle, and Offroad Vehicle MMWA cases (at least 95%) ARE SETTLED OUT OF COURT without any lawsuit being filed.
Those are pretty good odds in your favor to be compensated without ever having to step foot in a courtroom.
To see if your vehicle qualifies for Free legal help please enter the information requested in our FREE Lemon Law Evaluation page and then we will contact you to discuss your potential MMWA breach of warranty claim and compensation options.