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

15 U.S.C. § 2309

Procedures applicable to promulgation of rules by Commission

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(a) Oral presentation

Any rule prescribed under this chapter shall be prescribed in accordance with section 553 of title 5; except that the Commission shall give interested persons an opportunity for oral presentations of data, views, and arguments, in addition to written submissions. A transcript shall be kept of any oral presentation. Any such rule shall be subject to judicial review under section 57a(e) of this title in the same manner as rules prescribed under section 57a(a)(1)(B) of this title, except that section 57a(e)(3)(B) of this title shall not apply.

(b) Warranties and warranty practices involved in sale of used motor vehicles

The Commission shall initiate within one year after January 4, 1975, a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles; and, to the extent necessary to supplement the protections offered the consumer by this chapter, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this chapter, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure.

(Pub. L. 93–637, title I, § 109, Jan. 4, 1975, 88 Stat. 2189.)
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1981–2026 · leading case: Thomas E. Walton Le'ellen Walton v. Rose Mobile Homes Llc, S. Energy Homes, Inc., 298 F.3d 470 (5th Cir. 2002).
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Thomas E. Walton Le'ellen Walton v. Rose Mobile Homes Llc, S. Energy Homes, Inc., 298 F.3d 470 (5th Cir. 2002). “See 15 U.S.C. § 2309 (1994) (noting that to properly prescribe a rule under the MMWA, the Commission must "give interested persons an opportunity for oral presentations of data, views, and arguments, in addition to written submissions”).”
Montgomery Ward & Co., Inc. v. Fed. Trade Comm'n, 691 F.2d 1322 (9th Cir. 1982). “The procedures for rulemaking and adjudication by administrative agencies are set out in the Administrative Procedure Act 5 U.”
Ismael v. Goodman Toyota, 417 S.E.2d 290 (N.C. Ct. App. 1992). “In 15 U.S.C.A. § 2309 (b) Congress directed the Federal Trade Commission (hereinafter “FTC”) tó initiate a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles, and to prescribe rules dealing with such warranties…”
Tuckish v. Pompano Motor Co., 337 F. Supp. 2d 1313 (S.D. Fla. 2004). “The FTC “Used Car Rule” was promulgated pursuant to the Federal Trade Commission Act, 15 U.S.C. § 2309 (b) and §§ 5(a)(1) and 18 of the FTC Act, 15 U.”
Bennett v. D. L. Claborn Buick, Inc., 414 S.E.2d 12 (Ga. Ct. App. 1991). “Appellant argues in two enumerations that Georgia is bound by the federal definition of a “used” car contained in the federal regulations passed pursuant to 15 USCA § 2309, found at 16 CFR § 455.1 (1991).”
Balser v. Cessna Aircraft Co., 512 F. Supp. 1217 (N.D. Ga. 1981). “§ 553 , as required by 15 U.S.C. § 2309 (a).”
Consumers Union of U.S., Inc. v. Fed. Trade Comm'n, 801 F.2d 417 (D.C. Cir. 1986). “), which, in § 109(b), directed the Commission to promulgate a rule regulating “warranties and warranty practices in connection with the sale of used motor vehicles,” 15 U.S.C. § 2309 (b). In 1981, relying upon § 109(b) and upon § 18(a)(1) of the Federal Trade Commission Act…”
People v. Ford Motor Co., 133 Misc. 2d 828 (N.Y. Sup. Ct. 1986). “"(2) If, upon application of an appropriate State agency, the Commission determines (pursuant to rules issued in accordance with section 109 [ 15 USC § 2309 ]) that any requirement of such State covering any transaction to which this title [ 15 USC § 2301 et seq.”
Lewis-Henry (D. Maryland 2026). “The regulations Plaintiffs cite were promulgated pursuant to 15 U.S.C. § 2309 and 15 U.S.C. §§ 41-58 .”
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