U.S. Code » Title 15 » Chapter CHAPTER 50— CONSUMER PRODUCT WARRANTIES

15 U.S.C. § 2301

Definitions

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For the purposes of this chapter:(1) The term “consumer product” means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed).(2) The term “Commission” means the Federal Trade Commission.(3) The term “consumer” means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract).(4) The term “supplier” means any person engaged in the business of making a consumer product directly or indirectly available to consumers.(5) The term “warrantor” means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.(6) The term “written warranty” means—(A) any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time, or(B) any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking,which written affirmation, promise, or undertaking becomes part of the basis of the bargain between a supplier and a buyer for purposes other than resale of such product.(7) The term “implied warranty” means an implied warranty arising under State law (as modified by sections 2308 and 2304(a) of this title) in connection with the sale by a supplier of a consumer product.(8) The term “service contract” means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair (or both) of a consumer product.(9) The term “reasonable and necessary maintenance” consists of those operations (A) which the consumer reasonably can be expected to perform or have performed and (B) which are necessary to keep any consumer product performing its intended function and operating at a reasonable level of performance.(10) The term “remedy” means whichever of the following actions the warrantor elects:(A) repair,(B) replacement, or(C) refund;except that the warrantor may not elect refund unless (i) the warrantor is unable to provide replacement and repair is not commercially practicable or cannot be timely made, or (ii) the consumer is willing to accept such refund.(11) The term “replacement” means furnishing a new consumer product which is identical or reasonably equivalent to the warranted consumer product.(12) The term “refund” means refunding the actual purchase price (less reasonable depreciation based on actual use where permitted by rules of the Commission).(13) The term “distributed in commerce” means sold in commerce, introduced or delivered for introduction into commerce, or held for sale or distribution after introduction into commerce.(14) The term “commerce” means trade, traffic, commerce, or transportation—(A) between a place in a State and any place outside thereof, or(B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).(15) The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, or American Samoa. The term “State law” includes a law of the United States applicable only to the District of Columbia or only to a territory or possession of the United States; and the term “Federal law” excludes any State law.(Pub. L. 93–637, title I, § 101, Jan. 4, 1975, 88 Stat. 2183.)Editorial NotesReferences in Text

For definition of Canal Zone, referred to in par. (15), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Statutory Notes and Related SubsidiariesShort Title of 2015 Amendment

Pub. L. 114–51, § 1, Sept. 24, 2015, 129 Stat. 494, provided that: “This Act [amending section 2302 of this title and enacting provisions set out as notes under section 2302 of this title] may be cited as the ‘E-Warranty Act of 2015’.”

Short Title

Pub. L. 93–637, § 1, Jan. 4, 1975, 88 Stat. 2183, provided: “That this act [enacting this chapter and sections 57a to 57c of this title, amending sections 45, 46, 49, 50, 52, 56, and 58 of this title, and enacting provisions set out as notes under sections 45, 56, 57a, and 57b of this title] may be cited as the ‘Magnuson-Moss Warranty—Federal Trade Commission Improvement Act’.”

Notes of Decisions
Cited in 1,484 cases (515 in the last 5 years), 1977–2026 · leading case: Borowiec v. GATEWAY 2000, INC.
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Borowiec v. GATEWAY 2000, INC. (2004) ill · cites it 14× “Justice FREEMAN delivered the opinion of the court: In this appeal, we consider whether the circuit court of Cook County erred in denying the motion to dismiss or to compel arbitration filed by Gateway 2000, Inc.”
Peterson v. Volkswagen of America, Inc. (2005) wis · cites it 20× “An individual seeking to bring suit under the MMWA against a warrantor 9 must fall within one of the three categories set forth under the definition of "consumer" in 15 U.S.C. § 2301 (3). Dekelaita v. Nissan Motor Corp.”
Dekelaita v. Nissan Motor Corp. in USA (2003) illappct · cites it 14× “JUSTICE GORDON delivered the opinion of the court: Martin and Akhshirash Dekelaita (plaintiffs or lessees) appeal from the circuit court of Cook County dismissing their three-count action under the Magnuson-Moss Warranty — Federal Trade Improvement Act (the Act) ( 15 U.S.C. §…”
Razor v. Hyundai Motor America (2006) ill · cites it 6× “Justice FREEMAN delivered the judgment of the court, with opinion: This appeal involves the federal Magnuson-Moss Warranty—Federal Trade Commission Improvement Act (Act) ( 15 U.S.C. § 2301 et seq. (2000)) and the Illinois Uniform Commercial Code (UCC) (810 ILCS 5/1-101 et seq.”
Dan Bennett v. CMH Homes, Inc. (2014) ca6 · cites it 17× “” 15 U.S.C. § 2301 (3). The Act defines a “consumer product” as “any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes,” including attachments to real property but excluding real property.”
Parrot v. DaimlerChrysler Corp. (2006) ariz · cites it 13× “” 15 U.S.C. § 2301 (1). The parties agree that the Jeep is a consumer product.”
Mydlach v. DaimlerChrysler Corp. (2007) ill · cites it 8× “OPINION Plaintiff, Lucy Mydlach, filed a three-count complaint in the circuit court of Cook County against defendant, DaimlerChrysler Corporation, alleging claims under the Magnuson-Moss Warranty — Federal Trade Commission Improvement Act (Magnuson-Moss Act or Act) ( 15 U.S.C.…”
Koons Ford of Baltimore, Inc. v. Lobach (2007) md · cites it 10× “("Koons Ford") and, after discovering defects in that vehicle, filed a complaint against Koons Ford in the Circuit Court, alleging, inter alia, that Koons Ford violated the Magnuson-Moss Warranty Act ("MMWA"), 15 U.S.C. § 2301 et seq. Koons Ford contends that the claim must be…”
Peterson v. Volkswagen of America, Inc. (2004) wisctapp · cites it 20× “" 15 U.S.C. § 2301 (4). In addition, a "warrantor" is defined *682 to mean "any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.”
Mesa v. BMW OF NORTH AMERICA, LLC (2005) fladistctapp · cites it 8× “In addition, Mesa claimed that BMWNA breached its implied warranty under 15 U.S.C. §§ 2301 (7) and 2308. Pursuant to 15 U.”
DiCintio v. DaimlerChrysler Corp. (2002) ny · cites it 8× “person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce…”
Birdsong v. Apple, Inc. (2009) ca9 · cites it 4× “Code § 2315; (4) violation of the California UCL, Cal. Bus. and Prof.Code §§ 17220 et seq.”
Show all 1,484 citing cases →
— 15 U.S.C. § 2301(1) — 3 cases
Clark v. Jim Walter Homes, Inc. (1989) almd
Robert K. Bell Enterprises, Inc. v. Consumer Product Safety Commission (1980) oknd
Abby Windows, LLC v. Labor & Industry Review Commission (2025) wisctapp
— 15 U.S.C. § 2301(3) — 1 case
Jameson Chemical Co. Ltd. v. Love (1980) indctapp
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