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Benjamin Jordan v. Hisun Motors Corp., U.S.A.
Case Number: 1:22-cv-00234
Judge: Christopher H. Steger
Court: United States District Court for the Eastern District of Tennessee (Hamilton County)
Defendant's Attorney: Ryan Nelson Clark
Description: Chattanooga consumer law lawyer represented Plaintiff, who sued Defendant on a Magnuson-Moss Warranty Act violation theory.
The Magnuson-Morris Act, 15 U.S.C. §§ 2301-2312, authorizes the Federal Trade Commission to develop regulations for written warranties. The Act directs the Commission to establish disclosure standards for written warranties, specifies standards for “full” warranties, limits disclaimer of implied warranties, and establishes consumer remedies for breach of warranty or service contract obligations. The E-Warranty Act of 2015, Pub. L. No. 114-51, 129 Stat. 494, amending this Title, requires the Commission to revise its rule on pre-sale availability of warranties to provide that disclosure of a warranty on the manufacturer's website complies with the rule so long as (a) the location of the website and an offline means of obtaining the warranty are indicated on the product, packaging, or manual, and (b) the seller makes the warranty available at the location of the sale before purchase.
The claims made and defenses asserted by the parties are not available for this report.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.