Defendant's Attorney: Nancy D. Green

Description: Allentown, Pennsylvania consumer law lawyer represented the Plaintiff who sued the Defendant on a Magnuson-Moss Warranty Act violation theory.

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

The MMWA applies to all consumer products that cost more than $10. A consumer product is defined as any tangible personal property that is normally used for personal, family, or household purposes.

The MMWA requires that all written warranties on consumer products be clear and understandable. The warranty must state whether it is a "full" or "limited" warranty. A full warranty must cover all defects in materials and workmanship for a reasonable period of time. A limited warranty can exclude certain defects or limit the duration of the warranty.

The MMWA also prohibits manufacturers from disclaiming implied warranties. Implied warranties are warranties that are not written down, but are implied by law. For example, there is an implied warranty of merchantability, which means that the product is fit for the ordinary purposes for which it is used.

The MMWA provides consumers with a number of remedies if a manufacturer breaches a warranty. Consumers can demand a repair or replacement of the product, or they can demand a refund. If the manufacturer refuses to honor the warranty, consumers can sue the manufacturer in court.

The MMWA is an important law that protects consumers' rights. If you have any questions about your rights under the MMWA, you should consult with an experienced attorney.

Here are some of the key provisions of the MMWA:

All written warranties on consumer products that cost more than $10 must be clear and understandable.
The warranty must state whether it is a "full" or "limited" warranty.
A full warranty must cover all defects in materials and workmanship for a reasonable period of time.
A limited warranty can exclude certain defects or limit the duration of the warranty.
Manufacturers cannot disclaim implied warranties.
Consumers have a number of remedies if a manufacturer breaches a warranty, including demanding a repair or replacement of the product, or demanding a refund.
Consumers can sue the manufacturer in court if the manufacturer refuses to honor the warranty.

Outcome: AND NOW, this 2nd day of November, 2023, it having been reported that the parties have settled the above-captioned action, and pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that this action is DISMISSED WITH PREJUDICE, pursuant to agreement of counsel without costs. The Court shall retain jurisdiction for a period of ninety (90) days while the parties finalize the written settlement agreement. This order may be vacated, modified, or stricken from the record for good cause shown upon application of either party within the said ninety (90) days. 11/2/23 ENTERED AND COPIES E-MAILED.(sres) (Entered: 11/02/2023)

Plaintiff's Experts:

Defendant's Experts:

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