16 C.F.R. § 700.11

Written warranty, service contract, and insurance distinguished for purposes of compliance under the Act

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(a) The Act recognizes two types of agreements which may provide similar coverage of consumer products, the written warranty, and the service contract. In addition, other agreements may meet the statutory definitions of either “written warranty” or “service contract,” but are sold and regulated under state law as contracts of insurance. One example is the automobile breakdown insurance policies sold in many jurisdictions and regulated by the state as a form of casualty insurance. The McCarran-Ferguson Act, 15 U.S.C. 1011 et seq., provides that most federal laws (including the Magnuson-Moss Warranty Act) shall not be construed to invalidate, impair, or supersede any law enacted by any State for the purpose of regulating the business of insurance. While three specific laws are subject to a separate proviso, the Magnuson-Moss Warranty Act is not one of them. Thus, to the extent the Magnuson-Moss Warranty Act's service contract provisions apply to the business of insurance, they are effective so long as they do not invalidate, impair, or supersede a State law enacted for the purpose of regulating the business of insurance.

(b) “Written warranty” and “service contract” are defined in sections 101(6) and 101(8) of the Act, 15 U.S.C. 2301(6) and 15 U.S.C. 2301(8), respectively. This means that it must be conveyed at the time of sale of the consumer product and the consumer must not give any consideration beyond the purchase price of the consumer product in order to benefit from the agreement. It is not a requirement of the Act that an agreement obligate a supplier of the consumer product to a written warranty, but merely that it be part of the basis of the bargain between a supplier and a consumer. This contemplates written warranties by third-party non-suppliers.

(c) A service contract under the Act must meet the definitions of section 101(8), 15 U.S.C. 2301(8). An agreement which would meet the definition of written warranty in section 101(6)(A) or (B), 15 U.S.C. 2301(6)(A) or (B), but for its failure to satisfy the basis of the bargain test is a service contract. For example, an agreement which calls for some consideration in addition to the purchase price of the consumer product, or which is entered into at some date after the purchase of the consumer product to which it applies, is a service contract. An agreement which relates only to the performance of maintenance and/or inspection services and which is not an undertaking, promise, or affirmation with respect to a specified level of performance, or that the product is free of defects in materials or workmanship, is a service contract. An agreement to perform periodic cleaning and inspection of a product over a specified period of time, even when offered at the time of sale and without charge to the consumer, is an example of such a service contract.

[42 FR 36114, July 13, 1977, as amended at 80 FR 42722, July 20, 2015]

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1992–2021 · leading case: Razor v. Hyundai Motor Am., 854 N.E.2d 607 (Ill. 2006).

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Razor v. Hyundai Motor Am., 854 N.E.2d 607 (Ill. 2006). · cites it 9× “) 16 C.F.R. § 700.11 (b) (2000). We appreciate Hyundai directing our attention to this regulation because it reveals that although our focus was correcta buyer must at least be given the opportunity to learn the terms of a warranty at the time the sale contract is signedwe…”

Johnson v. Earnhardt's Gilbert Dodge, Inc., 132 P.3d 825 (Ariz. 2006). · cites it 5× “” 16 C.F.R. § 700.11 (c) (2005); see also Id.”

Tawanna Ware v. Best Buy Stores, 6 F.4th 726 (7th Cir. 2021). “See generally 16 C.F.R. § 700.11 ; see also 42 Fed. Reg.”

Bess v. DirecTV, Inc., 885 N.E.2d 488 (Ill. App. Ct. 2008). · cites it 2× “2d at 624 (quoting 16 C.F.R. § 700.11 (b) (2000)). [2] Originally, Justice McGlynn was assigned to this panel.”

Frank Griffin Volkswagen, Inc. v. Smith, 610 So. 2d 597 (Fla. 1st DCA 1992). · cites it 3× “16 C.F.R. § 700.11 (c). Notably, the Commission acknowledges in the first sentence of its rule that a service contract must meet the definition set out in section 2301(8) of the act.”

Parrot v. DaimlerChrysler Corp., 130 P.3d 530 (Ariz. 2006). “See also 16 C.F.R. § 700.11 (b) (“A written warranty must be ‘part of the basis of the bargain.”

Ismael v. Goodman Toyota, 417 S.E.2d 290 (N.C. Ct. App. 1992). “” 16 C.F.R. § 700.11 (c). In this case, the evidence that plaintiff and defendant, at the time of sale, entered into a written service contract for repair of the Tempo was undisputed.”

Liberty Lincoln-Mercury, Inc. v. Ford Motor Co., 8 F. Supp. 2d 450 (D.N.J. 1998). “”) (citing 16 C.F.R. § 700.11 (b) & (c)); the court, given the disposition herein, need not decide this issue.”

Ware v. Best Buy Stores, LP (N.D. Ill. 2019). · cites it 4× “” 16 C.F.R. § 700.11 (b).1 A service contract, by contrast, “calls for some consideration in addition to the purchase price of the consumer product” or “is entered into at some date after the purchase of the consumer product to which it applies.”

Robert Wargaski v. NCI Grp., Inc. (Wis. Ct. App. 2019). · cites it 2× “He reasons that the “key word conveyed … means more than referring to the warranty in the sale contract” and that “[c]oncealment inside the box would not ‘convey’ that warranty information prior to sale.”

Martin v. Thor Motor Coach Inc (N.D. Ind. 2021). “See 16 C.F.R. § 700.11 . implied warranty or service contract—certain prerequisites to this federal vehicle for a state law claim.”

— 16 C.F.R. § 700.11(a) — 1 case

Frank Griffin Volkswagen, Inc. v. Smith, 610 So. 2d 597 (Fla. 1st DCA 1992). “16 C.F.R. § 700.11 (c). Notably, the Commission acknowledges in the first sentence of its rule that a service contract must meet the definition set out in section 2301(8) of the act.”

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