Originally posted by Amkeer:
[QB] Alright let me make this as simple as humanly possible since some are having a problem grasping this.
(snip)
Below is an excerpt from the Magnuson Moss Warranty Act:
(end snip)
The part of the Act that creates a private cause of action is found in section 2310 of the Act:
(d) Civil action by consumer for damages, etc.; jurisdiction; recovery of costs and expenses; cognizable claims
(1) Subject to subsections (a)(3) and (e) of this section, a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief—
(A) in any court of competent jurisdiction in any State or the District of Columbia; or
(B) in an appropriate district court of the United States, subject to paragraph (3) of this subsection.
(2) If a consumer finally prevails in any action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys’ fees would be inappropriate.
(3) No claim shall be cognizable in a suit brought under paragraph (1)(B) of this subsection—
(A) if the amount in controversy of any individual claim is less than the sum or value of $25;
(B) if the amount in controversy is less than the sum or value of $50,000 (exclusive of interests and costs) computed on the basis of all claims to be determined in this suit; or
(C) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred.
Because few of these cases would ever reach the $50K threshold, they will be in state court seeking remedies allowed by state law. Even for those that can get into U.S. District Court, the substantive law of the forum state will be applicable.
Incidentally, some of the definitions in the Act could be problematic.
For example, if the prospective plaintiff is a lessee, as opposed to a buyer, as many expensive vehicles are leased these days, the prospective plaintiff may not be a catagory 1 or 2 consumer, thus the Act is not even applicable, but, depending on state law might be a catagory 3 consumer.
Most new vehicle warranties are limited warranties as opposed to full warranties, but I don't recall anyone setting forth the particular terms of the warranty in this matter, or even who the warranting party is, for that matter.