News & Analysis as of

Warranties Magnuson-Moss Act

Lathrop GPM

Wisconsin Federal Court Grants Manufacturer’s Motion to Dismiss Magnuson-Moss Warranty Act and Antitrust Claims

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A federal court in Wisconsin recently dismissed a multi-district class action suit in which owners of Harley-Davidson motorcycles asserted that Harley-Davidson violated the Magnuson-Moss Warranty Act (MMWA), as well as state...more

ArentFox Schiff

Manufacturer Beware: FTC (Again) Defends Consumers’ Right to Repair

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The FTC’s Warning Letters - Earlier this month, the Federal Trade Commission (FTC) sent eight companies warning letters regarding their warranty practices, alerting them that certain restrictive warranty language may violate...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 16, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Katten Muchin Rosenman LLP

FTC Warning Letters on Right to Repair Suggest Future Enforcement

The FTC has issued warning letters to eight companies, accusing them of possibly imposing restrictions on third-party servicing of products in violation of the Magnusson-Moss Warranty Act (MMWA). The MMWA is a federal...more

Cozen O'Connor

FTC Warning Letters Flag Warranty Practices That May Violate Consumers’ Right to Repair

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The FTC sent warning letters to eight companies informing them that their warranty practices may violate the Magnuson-Moss Warranty Act (MMWA) by allegedly restricting consumers’ ability to repair their products....more

Kelley Drye & Warren LLP

FTC Sends Warning Letters Over Warranty Practices

The FTC is focused on ensuring that consumers have options when it comes to repairing products. Two years ago, we summarized an FTC workshop, report, Policy Statement, and three settlements on this issue. Last week, the FTC...more

A&O Shearman

Wisconsin District Court Dismisses Motorcycle Purchasers’ Tying Claims

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On June 5, 2024, Judge William Griesbach of the United States District Court for the Eastern District of Wisconsin dismissed an action brought by a class of Harley-Davidson purchasers alleging that the motorcycle manufacturer...more

Venable LLP

To Repair or Replace? California and New York Enact Right-to-Repair Laws

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Manufacturers need to be careful in the New Year to start complying with new laws in New York and California expanding consumers’ right to repair certain products. California joined the right-to-repair movement with the...more

Beveridge & Diamond PC

New Global Initiatives Push for Right to Repair Consumer Goods

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New “Right to Repair” legislation worldwide seeks to extend product lifespan and increase circularity, thereby reducing premature waste. The legislation often aims to facilitate consumer and independent company repair of...more

Dickinson Wright

Right-to-Repair Orders Issued by Federal Trade Commission

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The Federal Trade Commission (“FTC”) has shifted its attention to repair restrictions. We had a head’s up that the decade-long hiatus was ending. In its July 2021 policy statement and May 2021 report to Congress, the FTC made...more

Shook, Hardy & Bacon L.L.P.

The Rise of the Right to Repair: Antitrust, IP, Parts and Warranties

Nearly 50 years after Congress passed the Magnuson-Moss Warranty Act, warranties are in the antitrust news again. The “right to repair” movement is clamoring for legislation to give consumers the right and ability to unlock,...more

McGuireWoods LLP

Manufacturers and Retailers Beware: New Warranty Class Actions

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During a span of less than two months, a group of Arkansas lawyers filed 22 class action suits in Lonoke County, Arkansas, alleging violations of the Magnuson-Moss Warranty Act. Here are five key items to know...more

Snell & Wilmer

A New Outlier Expands Manufacturers’ Ability to Litigate Magnuson-Moss Warranty Act Cases in Federal Court

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A recent court decision may alter a product manufacturer’s chance to have a federal court decide certain warranty claims brought against it. Federal laws do not always guarantee that a party may pursue a claim arising under...more

BakerHostetler

A Flurry of Right to Repair Activity from the FTC - What You Need to Know

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“Right to repair” is a consumer protection issue that is rapidly picking up steam. In addition to federal legislation that was introduced in 2022, there has been quite a lot of recent state legislative activity. And we have...more

Kelley Drye & Warren LLP

FTC Announced Third Right to Repair Action in Three Weeks

The FTC is focused on ensuring that consumers have options when it comes to repairing products. In 2019, they held a workshop to discuss manufacturer restrictions on repair rights. In a 2021 report, they concluded there was...more

Venable LLP

FTC Starts the Engine on Car Sales Fees and Advertising Rulemaking, but Other Rulemaking Faces Major Questions

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The FTC is off to the races with another proposed rulemaking. On June 23, the FTC, by a 4-1 vote, issued a notice of proposed rulemaking (NPR) to combat what it perceives as “junk fees” and “bait-and-switch advertising...more

Venable LLP

Repair Your Warranty Terms: FTC Takes Action Against Unlawful Repair Restrictions

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Last week, the FTC brought and settled enforcement actions against two manufacturing companies for allegedly limiting customers’ right to repair purchased products under unlawful warranty terms. The FTC alleged that the two...more

Seyfarth Shaw LLP

FTC Actions Against Manufacturers Demonstrate Agency’s Priority in Enforcing Unlawful Repair Restrictions

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On June 23, 2022, the Federal Trade Commission (FTC) announced that it had entered into consent orders with manufacturers Harley-Davidson Motor Company Group, LLC and MWE Investments, LLC (maker of Westinghouse outdoor...more

Kelley Drye & Warren LLP

FTC Announces Two Actions on Right to Repair While Legislative Efforts Continue

The FTC is focused on ensuring that consumers have options when it comes to repairing products. In 2019, they held a workshop to discuss manufacturer restrictions on repair rights. In a 2021 report, they concluded there was...more

Cozen O'Connor

The State AG Report – Volume 7, Issue 30 | July 2021

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FTC Issues New Policy Statement Advancing the Goal of Open Repair Markets The Federal Trade Commission (“FTC”) unanimously voted in favor of a policy statement aimed to boost enforcement against manufacturer practices...more

Rumberger | Kirk

Florida Supreme Court Holds FTC’s “Single Document Rule” Does Not Apply to Binding Arbitration Agreements Under Magnuson-Moss Act

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On February 18, 2021, the Florida Supreme Court held that binding arbitration of a consumer product warranty claim is categorically different from an informal dispute settlement program under the Magnuson-Moss Warranty Act...more

ArentFox Schiff

To Repair or Not to Repair Electronic Devices? More Right to Repair Laws on the Horizon

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Right to repair laws have come in and out of the public eye over the last decade. While many of the earliest laws covered only specific industries, such as the automotive and farm equipment industries, many states are looking...more

Locke Lord LLP

Use It or Lose It?: FTC Warns Companies Against Conditioning Warranty Coverage on Use of Specified Parts or Services

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On April 10, 2018, the FTC announced that its staff sent warning letters to six major companies that market and sell automobiles, cellular devices, and video gaming systems in the United States. The FTC expressed concerns...more

Dorsey & Whitney LLP

Major Companies Receive FTC Warranty Warnings

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In a wake-up call to businesses that offer non-compliant consumer warranties, last week the Federal Trade Commission announced that its staff had sent warning letters to six major companies that market and sell automobiles,...more

BCLP

FTC Warns Against Warranty Conditions in Violation of Magnuson-Moss Warranty Act

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The FTC has sent warning letters to six major companies that market and sell automobiles, cellular devices, and video gaming systems warning against warranty tie-in provisions that state consumers must use specified parts or...more

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