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
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
A federal court in Wisconsin recently granted a motion to dismiss all claims in a putative multi-district class action against motorcycle manufacturer Harley-Davidson, asserting claims that the OEM’s warranty violated the...more
Massachusetts federal and state courts issued several important product liability decisions in 2023. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more
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
The California Court of Appeals for the Second District, creating a split of authority among California’s appellate courts, held that Ford Motor Co. did not have the right to enforce an arbitration provision in a sales...more
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
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
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
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
“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
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
On July 21, 2021, the Federal Trade Commission (“FTC” or “Commission”) held its second Open Commission Meeting. There were three items on the agenda: (1) whether or not to rescind a 1995 policy statement on prior approval and...more
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
Companies watching the “right to repair” legislation proposed in some states should not lose sight of the federal landscape. Last week the FTC released a bipartisan report concluding that there is “scant evidence to support...more
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
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
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
We’ve all seen them: hard-to-remove stickers that say, “Warranty void if removed,” or “Tampering with this sticker voids the warranty.” Or perhaps a company states or implies that your use of a third-party repair service will...more
The U.S. District Court for the Central District of California recently granted Maserati, North America, summary judgment in a proposed class action concerning the manufacturer’s Ghibli model remote keyless entry system. See...more
Manufacturers of consumer products sold in the United States should be aware that recent changes in the federal statute governing consumer product warranties allow for more flexibility in how manufacturers can satisfy their...more
Believe it or not, Congress passed a law. That law impacts how you, Automotive Industry Company, are providing your warranties (hopefully, limited warranties with limited remedies – but that is a topic for another post). The...more
In a rare display of bipartisanship, the U.S. Congress has passed and, on September 24, 2015, President Obama signed, an amendment of the federal statute regulating warranties on consumer products, the Magnuson-Moss Warranty...more
We frequently help clients figure out how to deal with laws that are outdated, so it’s nice to see when one of those laws gets updated to reflect current technology. Last month, President Obama signed the E-Warranty Act of...more