Defendant's Attorney: Katherine P. Vilchez and Spencer Peter Hugret

Description: Sacramento, California consumer law lawyer represented the Plaintiff who sued
the Defendant on a Magnuson -Moss Warranty Act violation theory claiming to have suffered more than $75,000 in damages.

The Magnuson-Moss Warranty Act is a federal law that regulates consumer product warranties in the United States. Here's a breakdown of its key elements:

Purpose:

To ensure that consumers have clear and accurate information about warranties offered on consumer products.
To give consumers certain rights and protections against unfair warranty practices.

Applicability:

Covers written warranties for most consumer products costing more than $10 (excluding motor vehicles, homes, and boats).
Doesn't apply to all products, such as services, used products, or products sold as "as is."

Key Provisions:

Disclosure requirements: Warranties must be clearly and conspicuously labeled as "full" or "limited" and detail the terms and conditions of coverage, including exclusions and limitations.
Pre-sale availability: Consumers must be able to access warranty information before purchasing a product.
Minimum standards for "full" warranties: These warranties must cover all parts and labor, with no time or mileage limitations, and offer remedies like replacement or refund if the product malfunctions.
Prohibition of tie-in sales: Manufacturers cannot condition warranty coverage on buying parts or services from authorized dealers.
Implied warranty protection: Even if no written warranty is offered, certain implied warranties, such as merchantability and fitness for a particular purpose, still apply.
Consumer remedies: If a product violates the warranty, consumers have the right to repair, replacement, or refund, as well as potentially attorney fees.

Benefits for Consumers:

Increased transparency and understanding of warranty terms.
Protection against unfair and deceptive warranty practices.
Enhanced ability to compare warranties and make informed purchasing decisions.
Easier exercise of rights when a product malfunctions under warranty.

Enforcement:

The Federal Trade Commission (FTC) is responsible for enforcing the Magnuson-Moss Warranty Act.
Consumers can file complaints with the FTC or seek legal redress if their rights are violated.

Limitations:

The Act doesn't guarantee product performance.
It doesn't cover all products or all types of warranties.
Consumers must still take reasonable care of products to maintain warranty coverage.

Google Bard

Outcome: 12/12/2023 13 STIPULATION FOR DISMISSAL by Mohammed F. Koya. (Mobasseri, Robert) (Entered: 12/12/2023)
12/12/2023 14 CLERK'S NOTICE (text only); Pursuant to the parties' Stipulation for Dismissal 13 , this action is DISMISSED with prejudice. CASE CLOSED. (Mena-Sanchez, L) (Entered: 12/12/2023)

Plaintiff's Experts:

Defendant's Experts:

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