C.F.R.
»
Title 16
» CHAPTER I—FEDERAL TRADE COMMISSION › SUBCHAPTER G—RULES, REGULATIONS, STATEMENTS AND INTERPRETATIONS UNDER THE MAGNUSON-MOSS WARRANTY ACT › PART 703—INFORMAL DISPUTE SETTLEMENT PROCEDURES
(a) The Mechanism shall be funded and competently staffed at a level sufficient to ensure fair and expeditious resolution of all disputes, and shall not charge consumers any fee for use of the Mechanism.
(b) The warrantor and the sponsor of the Mechanism (if other than the warrantor) shall take all steps necessary to ensure that the Mechanism, and its members and staff, are sufficiently insulated from the warrantor and the sponsor, so that the decisions of the members and the performance of the staff are not influenced by either the warrantor or the sponsor. Necessary steps shall include, at a minimum, committing funds in advance, basing personnel decisions solely on merit, and not assigning conflicting warrantor or sponsor duties to Mechanism staff persons.
(c) The Mechanism shall impose any other reasonable requirements necessary to ensure that the members and staff act fairly and expeditiously in each dispute.
Notes of Decisions
Motor Veh. Mfrs. Ass'n of the United States, Inc. v. Abrams, 697 F. Supp. 726 (S.D.N.Y. 1988).
· cites it 4× “regulations require only that the mechanism be competently staffed so as to ensure the fair and expeditious resolution of disputes ( 16 C.F.R. § 703.3 (a)). 4) additional recordkeeping requirements beyond those that would satisfy Magnu-son-Moss (G.”
Wilson v. Waverlee Homes, Inc., 954 F. Supp. 1530 (M.D. Ala. 1997).
“2, require that a mechanism comply with the ‘‘minimum requirements” prescribed by the Federal Trade Commission and contained in 16 C.F.R. §§ 703.3 through 703.8. However, in line with the notion that any mechanism established by a warrantor is merely a prerequisite, not a bar,…”
Borowiec v. GATEWAY 2000, INC., 772 N.E.2d 256 (Ill. App. Ct. 2002).
“The regulations require that a “mechanism” comply with the requirements prescribed by the FTC and contained in 16 C.F.R. §§ 703.3 through 703.8. 16 C.F.”
Auto. Importers of Am., Inc. v. State of Minn., 681 F. Supp. 1374 (D. Minnesota 1988).
“Under these regulations, consumers cannot be charged a fee for use of the mechanism, 16 C.F.R. § 703.3 (a) (1987), and neither party has a right to make an oral presentation unless the other agrees, 16 C.”
Auto. Importers of Am., Inc. v. Minnesota, 681 F. Supp. 1374 (D. Minnesota 1988).
“Under these regulations, consumers cannot be charged a fee for use of the mechanism, 16 C.F.R. § 703.3 (a) (1987), and neither party has a right to make an oral presentation unless the other agrees, 16 C.”
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