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

15 U.S.C. § 2311

Applicability to other laws

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(a) Federal Trade Commission Act and Federal Seed Act(1) Nothing contained in this chapter shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act [15 U.S.C. 41 et seq.] or any statute defined therein as an Antitrust Act.(2) Nothing in this chapter shall be construed to repeal, invalidate, or supersede the Federal Seed Act [7 U.S.C. 1551 et seq.] and nothing in this chapter shall apply to seed for planting.(b) Rights, remedies, and liabilities(1) Nothing in this chapter shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law.(2) Nothing in this chapter (other than sections 2308 and 2304(a)(2) and (4) of this title) shall (A) affect the liability of, or impose liability on, any person for personal injury, or (B) supersede any provision of State law regarding consequential damages for injury to the person or other injury.(c) State warranty laws(1) Except as provided in subsection (b) and in paragraph (2) of this subsection, a State requirement—(A) which relates to labeling or disclosure with respect to written warranties or performance thereunder;(B) which is within the scope of an applicable requirement of sections 2302, 2303, and 2304 of this title (and rules implementing such sections), and(C) which is not identical to a requirement of section 2302, 2303, or 2304 of this title (or a rule thereunder),shall not be applicable to written warranties complying with such sections (or rules thereunder).(2) If, upon application of an appropriate State agency, the Commission determines (pursuant to rules issued in accordance with section 2309 of this title) that any requirement of such State covering any transaction to which this chapter applies (A) affords protection to consumers greater than the requirements of this chapter and (B) does not unduly burden interstate commerce, then such State requirement shall be applicable (notwithstanding the provisions of paragraph (1) of this subsection) to the extent specified in such determination for so long as the State administers and enforces effectively any such greater requirement.(d) Other Federal warranty laws

This chapter (other than section 2302(c) of this title) shall be inapplicable to any written warranty the making or content of which is otherwise governed by Federal law. If only a portion of a written warranty is so governed by Federal law, the remaining portion shall be subject to this chapter.

(Pub. L. 93–637, title I, § 111, Jan. 4, 1975, 88 Stat. 2192.)Editorial NotesReferences in Text

The Federal Trade Commission Act, referred to in subsec. (a)(1), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.

The Antitrust Acts, referred to in subsec. (a)(1), are defined in section 44 of this title.

The Federal Seed Act, referred to in subsec. (a)(2), is act Aug. 9, 1939, ch. 615, 53 Stat. 1275, which is classified generally to chapter 37 (§ 1551 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1551 of Title 7 and Tables.

Notes of Decisions
Cited in 82 cases (7 in the last 5 years), 1978–2025 · leading case: Samuel-Bassett v. Kia Motors Am., Inc., 34 A.3d 1 (Pa. 2011).
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Samuel-Bassett v. Kia Motors Am., Inc., 34 A.3d 1 (Pa. 2011). · cites it 6× “at 55 (citing 15 U.S.C. § 2311 (b)(1)). Finally, Bassett emphasizes that Pennsylvania has a strong public policy to fully compensate parties that incur attorneys' fees where a statute permits fee-shifting.”
Zurich Am. Ins. Co. v. Nokia, Inc., 268 S.W.3d 487 (Tex. 2008). · cites it 2× “15 U.S.C. § 2311 (b)(2). The Louisiana Products Liability Act provides the exclusive means of recovery for bodily injury claims, while common law redhibition and breach of warranty claims remain available for economic loss.”
Razor v. Hyundai Motor Am., 854 N.E.2d 607 (Ill. 2006). · cites it 2× “§ 2310 (d)(1)(A) (1994). The Act itself does not determine the enforceability of the consequential damages disclaimer, however.”
Borowiec v. GATEWAY 2000, INC., 808 N.E.2d 957 (Ill. 2004). · cites it 2× “claim has been made that rather than thwarting the Magnuson-Moss Warranty Act, enforcement of binding arbitration provisions under the Federal Arbitration Act is actually consistent with the Magnuson-Moss Warranty Act because that statute provides that nothing therein "shall…”
Pyskaty v. Wide World of Cars, LLC, 856 F.3d 216 (2d Cir. 2017). “at 1166 (quoting 15 U.S.C. § 2311 (b)(1)). . Pyskaty also sought declaratory relief and "reasonable attorney's fees, costs[,] and expenses” in connection with these claims.”
Catalina Yachts v. Pierce, 105 P.3d 125 (Alaska 2005). · cites it 4× “[18] Magnuson-Moss's guidance on its effect on other laws is contained in 15 U.S.C. § 2311 , whose only preemptive provision overrides certain state warranty laws.”
Chaurasia v. Gen. Motors Corp., 126 P.3d 165 (Ariz. Ct. App. 2006). · cites it 2× “See 15 U.S.C. § 2311 (c). ¶ 39 Nor is there any basis for implied preemption.”
Cunningham v. Fleetwood Homes of Georgia, Inc., 253 F.3d 611 (11th Cir. 2001). · cites it 2× “15 U.S.C. § 2311 (b). In Fleetwood’s view, this provision necessarily includes the substantive portions of the FAA that protect the ability of contracting parties to enter into binding arbitration agreements.”
Motor Veh. Mfrs. Ass'n of the United States, Inc. v. Abrams, 697 F. Supp. 726 (S.D.N.Y. 1988). · cites it 5× “Has Congress expressly pre-empted state law? Magnuson-Moss contains both an express pre-emption clause (§ 111(c), codified at 15 U.S.C. § 2311 (c)) and an express savings clause (§ 111(b), codified at 15 U.”
Robert E. Kelly Virginia L. Kelly v. Fleetwood Enter., Inc., 377 F.3d 1034 (9th Cir. 2004). “15 U.S.C. § 2311 (b)(2). Of the three provisions exempted from § 2311’s exclusion of personal injury claims, the Kellys accuse Fleetwood of violating only § 2304(a)(4).”
Boyd v. Homes of Legend, Inc., 188 F.3d 1294 (11th Cir. 1999). · cites it 2× “In these three consolidated cases, Boyd, Bass, and Foster, 1 retail purchasers of mobile homes (from a mobile home dealer) claim that their homes were defective and unmerchantable when purchased, and they seek compensatory and punitive damages from the manufacturer under the…”
Mayberry v. Volkswagen of Am., Inc., 2005 WI 13 (Wis. 2005). · cites it 2× “§ 2310 (d)(1)(A) and 15 U.S.C. § 2311 (b)(1), state law governs the appropriate measure of damages for breach of warranty under the Magnuson-Moss Act.”
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— 15 U.S.C. § 2311(b)(1) — 2 cases
Novosel v. Northway Motor Car Corp., 460 F. Supp. 541 (N.D.N.Y. 1978).
Price v. Chevrolet Motor Div. of Gen. Motors Corp., 765 A.2d 800 (Pa. Super. Ct. 2000).
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