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

15 U.S.C. § 2304

Federal minimum standards for warranties

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(a) Remedies under written warranty; duration of implied warranty; exclusion or limitation on consequential damages for breach of written or implied warranty; election of refund or replacementIn order for a warrantor warranting a consumer product by means of a written warranty to meet the Federal minimum standards for warranty—(1) such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty;(2) notwithstanding section 2308(b) of this title, such warrantor may not impose any limitation on the duration of any implied warranty on the product;(3) such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; and(4) if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be). The Commission may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to remedy particular kinds of defects or malfunctions under different circumstances. If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge.(b) Duties and conditions imposed on consumer by warrantor(1) In fulfilling the duties under subsection (a) respecting a written warranty, the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing remedy of any consumer product which malfunctions, is defective, or does not conform to the written warranty, unless the warrantor has demonstrated in a rulemaking proceeding, or can demonstrate in an administrative or judicial enforcement proceeding (including private enforcement), or in an informal dispute settlement proceeding, that such a duty is reasonable.(2) Notwithstanding paragraph (1), a warrantor may require, as a condition to replacement of, or refund for, any consumer product under subsection (a), that such consumer product shall be made available to the warrantor free and clear of liens and other encumbrances, except as otherwise provided by rule or order of the Commission in cases in which such a requirement would not be practicable.(3) The Commission may, by rule define in detail the duties set forth in subsection (a) of this section and the applicability of such duties to warrantors of different categories of consumer products with “full (statement of duration)” warranties.(4) The duties under subsection (a) extend from the warrantor to each person who is a consumer with respect to the consumer product.(c) Waiver of standards

The performance of the duties under subsection (a) shall not be required of the warrantor if he can show that the defect, malfunction, or failure of any warranted consumer product to conform with a written warranty, was caused by damage (not resulting from defect or malfunction) while in the possession of the consumer, or unreasonable use (including failure to provide reasonable and necessary maintenance).

(d) Remedy without charge

For purposes of this section and of section 2302(c) of this title, the term “without charge” means that the warrantor may not assess the consumer for any costs the warrantor or his representatives incur in connection with the required remedy of a warranted consumer product. An obligation under subsection (a)(1)(A) to remedy without charge does not necessarily require the warrantor to compensate the consumer for incidental expenses; however, if any incidental expenses are incurred because the remedy is not made within a reasonable time or because the warrantor imposed an unreasonable duty upon the consumer as a condition of securing remedy, then the consumer shall be entitled to recover reasonable incidental expenses which are so incurred in any action against the warrantor.

(e) Incorporation of standards to products designated with full warranty for purposes of judicial actions

If a supplier designates a warranty applicable to a consumer product as a “full (statement of duration)” warranty, then the warranty on such product shall, for purposes of any action under section 2310(d) of this title or under any State law, be deemed to incorporate at least the minimum requirements of this section and rules prescribed under this section.

(Pub. L. 93–637, title I, § 104, Jan. 4, 1975, 88 Stat. 2187.)
Notes of Decisions
Cited in 145 cases (18 in the last 5 years), 1978–2025 · leading case: Crickenberger v. Hyundai Motor Am., 944 A.2d 1136 (Md. 2008).
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Crickenberger v. Hyundai Motor Am., 944 A.2d 1136 (Md. 2008). · cites it 14× “Additionally, the Act prohibits manufacturers from disclaiming implied warranties on consumer products, such as vehicles, in their entirety when a full warranty is supplied and for the duration of a limited warranty.”
Sorce v. Naperville Jeep Eagle, Inc., 722 N.E.2d 227 (Ill. App. Ct. 1999). · cites it 7× “In order for a warranty to earn the designation “full warranty,” it must meet the minimum standards provided in section 104 of the Act ( 15 U.S.C. § 2304 (1994)). 15 U.S.C. § 2303 (a)(1) (1994).”
Pyskaty v. Wide World of Cars, LLC, 856 F.3d 216 (2d Cir. 2017). · cites it 2× “15 U.S.C. § 2304 (a)(4); see also id. § 2303(a)(1) (stating that a written warranty shall be designated as “full” where it “meets the Federal minimum standards for warranty set forth in section 2304”).”
Chaurasia v. Gen. Motors Corp., 126 P.3d 165 (Ariz. Ct. App. 2006). · cites it 4× “¶ 8 GM’s warranty did not meet the federal minimum standards of 15 U.S.C. § 2304 , 1 and the MMWA consequently allowed GM to conspicuously label the warranty as a “limited” warranty.”
Laing v. Volkswagen of Am., Inc., 949 A.2d 26 (Md. Ct. Spec. App. 2008). · cites it 5× “15 U.S.C.A. § 2304 (e) (1975). Section 2304 imposes federal minimum standards for “full warranties” and sets out the minimum remedies for breach.”
Razor v. Hyundai Motor Am., 854 N.E.2d 607 (Ill. 2006). · cites it 2× “§ 2303 (a) (1994) (a warranty which meets the standards set forth in section 4 of the Act ( 15 U.S.C. § 2304 (1994)) "shall be conspicuously designated a `full (statement of duration) warranty,'" and a warranty which does not meet the standards set out *615 in section 4 of the…”
Robert E. Kelly Virginia L. Kelly v. Fleetwood Enter., Inc., 377 F.3d 1034 (9th Cir. 2004). · cites it 2× “any implied warranty,” subject to some qualifications); 15 U.S.C. § 2304 (a)(2) (“[A] warrantor may not impose any limitation on the duration of any implied warranty on the product.”
Knight v. Am. Suzuki Motor Corp., 612 S.E.2d 546 (Ga. Ct. App. 2005). · cites it 4× “He asserts that under the Act, a warrantor is allowed only a “reasonable number of attempts” to fix a defective or malfunctioning product, 15 USC § 2304 (a) (4). Knight argues that a jury question exists on this issue because Suzuki had a total of nine attempts to repair his…”
Cline v. DaimlerChrysler Co., Corp., 2005 OK CIV APP 31 (Okla. Civ. App. 2005). · cites it 4× “See 15 U.S.C. § 2304 (a). 2 Because the two causes of action contain dissimilar elements, we reject Plaintiffs argument.”
Bartow v. Ford Motor Co., 794 N.E.2d 1027 (Ill. App. Ct. 2003). · cites it 3× “§ 2302 (b)(2) (1994)), if a manufacturer or supplier chooses to warrant a product, the Act imposes specific minimum federal standards for warranties ( 15 U.S.C. § 2304 (a) (1994)). A consumer who prevails against the warrantor may elect repair, replacement, or refund of…”
High. Sales, Inc. v. Blue Bird Corp., 559 F.3d 782 (8th Cir. 2009). · cites it 4× “at 80 (citing 15 U.S.C. § 2304 (a)(4)) (emphasis added).”
Trans-Spec Truck Serv., Inc. v. Caterpillar Inc., 524 F.3d 315 (1st Cir. 2008). “See 15 U.S.C. § 2304 (a). However, that federal provision only applies to consumer goods.”
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