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Date: 06-02-2023

Case Style:

Jose Solo v. General Motors, LLC

Case Number: 1:23-cv-00445

Judge: Robert Pitman

Court: United States District Court for the Western District of Texas (Travis County)

Plaintiff's Attorney:

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Defendant's Attorney: No appearance

Description: Austin, Texas consumer law lawyer represented Plaintiff who sued Defendant on a Magnuson-Moss Warranty Act theory.

The Magnuson-Moss Warranty Act (MMWA) is a federal law that governs consumer product warranties in the United States. The law was enacted in 1975 to protect consumers from unfair or deceptive warranty practices.

The MMWA applies to written warranties that are offered to consumers by sellers of consumer products. A consumer product is any tangible personal property that is used for personal, family, or household purposes.

The MMWA requires that written warranties be clear and easy to understand. The warranty must be written in plain English and must be prominently displayed on the product or in the product's packaging.

The MMWA also requires that written warranties be made in good faith. This means that the warrantor must have the intent to provide the promised warranty coverage.

The MMWA provides consumers with several rights under written warranties, including:

The right to a reasonable number of free repair attempts.
The right to a refund or replacement if the product cannot be repaired after a reasonable number of attempts.
The right to have the product repaired or replaced by a qualified technician.
The right to be given a written statement of the warranty terms and conditions.

The MMWA also prohibits warrantors from using certain unfair or deceptive warranty practices, such as:

Limiting the duration of a warranty to a period shorter than the product's expected life.
Excluding or disclaiming implied warranties.
Requiring consumers to pay a fee to enforce their warranty rights.

If you believe that a warrantor has violated the MMWA, you can file a complaint with the Federal Trade Commission (FTC). The FTC is the federal agency that enforces the MMWA.

You can also file a lawsuit against the warrantor in state or federal court. If you win your lawsuit, you may be awarded damages, including the cost of repairs or replacement, your attorney's fees, and other costs.

The MMWA is a powerful tool that can help consumers protect their rights under written warranties. If you have questions about the MMWA or believe that your warranty rights have been violated, you should contact an attorney.

Outcome: 06/02/2023 8 ORDER DISMISSING CASE. Signed by Judge Robert Pitman. (dm) (Entered: 06/02/2023)
06/02/2023 Case No Longer Stayed (dm) (Entered: 06/02/2023)

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