15 U.S.C. § 2308
Implied warranties
No supplier may disclaim or modify (except as provided in subsection (b)) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer with respect to such consumer Product, or (2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product.
For purposes of this chapter (other than section 2304(a)(2) of this title), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty.
A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this chapter and State law.
Notes of Decisions
Cited in 163
cases (27 in the last 5 years), 1978–2026 · leading case: Global Quest, LLC v. Horizon Yachts, Inc., 849 F.3d 1022 (11th Cir. 2017).
Global Quest, LLC v. Horizon Yachts, Inc., 849 F.3d 1022 (11th Cir. 2017). “Plaintiff argues that Section 2308(a) of the Magnuson-Moss Warranty Act (“MMWA”), 15 U.S.C. § 2308 (a), prohibits a seller from disclaiming implied warranties if an express warranty, including a limited warranty, is given.”
In re Porsche Cars North Am., Inc., 880 F. Supp. 2d 801 (S.D. Ohio 2012). “The Act defines “implied warranty” as “an implied warranty arising under State law (as modified by sections 108 and 104(a) [ 15 U.S.C. §§ 2308 and 2304(a) ]) in connection with the sale by a supplier of a consumer product.”
Chaurasia v. Gen. Motors Corp., 126 P.3d 165 (Ariz. Ct. App. 2006). “at 809 (quoting 15 U.S.C. § 2308 ). Express warranties are treated like any other contract and interpreted according to general contract principles.”
Rothe v. Maloney Cadillac, Inc., 518 N.E.2d 1028 (Ill. 1988). “In counts III and V plaintiff also invokes section 2308(a) of Magnuson-Moss ( 15 U.S.C. §2308 (a) (1976)), which restricts an express warrantor’s ability to disclaim implied warranties.”
Johnson v. Earnhardt's Gilbert Dodge, Inc., 132 P.3d 825 (Ariz. 2006). “15 U.S.C. § 2308 (a). 2 Under such circumstances, the terms of the service contract govern the duration of the implied warranty of merchantability.”
Atkinson v. Elk Corp. of Texas, 60 U.C.C. Rep. Serv. 2d (West) 1346 (Cal. Ct. App. 2006). “( 15 U.S.C. § 2308 .) Thus, Song-Beverly’s one-year limitation cannot limit the implied warranty under Magnuson-Moss as a matter of law.”
Horton Homes, Inc. v. Brooks, 832 So. 2d 44 (Ala. 2001). “In the portion of his complaint alleging a breach of implied warranty, Brooks referred to 15 U.S.C. § 2308 (a), a portion of the Magnuson-Moss Warranty Act: [5] *49 "§ 2308.”
Rokicsak v. Colony Marine Sales & Serv., Inc., 219 F. Supp. 2d 810 (E.D. Mich. 2002). “§ 2308 of the MMA does not permit the disclaimer of implied warranties where a written warranty is provided: (a) Restrictions on disclaimers or modifications No supplier may disclaim or modify (except as provided in subsection (b) of this section) any implied warranty to a…”
Lemons v. Showcase Motors, Inc., 88 P.3d 1149 (Ariz. Ct. App. 2004). “15 U.S.C. § 2308 (a). ¶ 9 In response to the motion for summary judgment, Lemons submitted an affidavit stating that Showcase’s agents made oral statements leading her to believe that the MPP service contract was Showcase’s own service contract.”
Semitekol v. Monaco Coach Corp., 582 F. Supp. 2d 1009 (N.D. Ill. 2008). “An “implied warranty” is defined as “an implied warranty arising under State law (as modified by sections 108 and 104(a)) [ 15 U.S.C. §§ 2308 and 2304(a) ] in connection with *1024 the sale by a supplier of a consumer product” 15 U.”
Hoffman v. Daimler Trucks North Am., LLC, 940 F. Supp. 2d 347 (W.D. Va. 2013). “15 U.S.C. § 2308 (a). The MMWA also requires that written warranties be made available to the consumer prior to the sale of the product.”
Norman Gershman's Things to Wear, Inc. v. Mercedes-Benz of North Am., Inc., 558 A.2d 1066 (Del. Super. Ct. 1989). “15 U.S.C. § 2308 . The Act defines written warranty to include: [A]ny 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…”
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