Sander Kushen
Public Health Advocate, CALPIRG Education Fund
CALPIRG’s latest guide provides California consumers the basic info they need to understand their warranty and ensure that they are protected.
Public Health Advocate, CALPIRG Education Fund
All of us are probably familiar with warranties at a basic level. If your product breaks, and it is protected under a warranty, it can be fixed or replaced by the manufacturer. Simple right?
Well, not always. Many consumers don’t know exactly what kind of federal and state protections they are entitled to under warranty law. And sometimes consumers can buy a product without fully reading or understanding the product’s warranty coverage, leaving them surprised and upset when that warranty does not offer the protections they expected.
That’s why CALPIRG compiled everything you need to figure out “What’s up with warranties?” We go over warranty basics, your guaranteed protections and provide simple tips to follow if you believe your warranty has been violated.
Warranties are a common tool used to guarantee consumers that they are getting what they pay for. If you’ve ever received a product that is faulty, damaged, or mischaracterized by the seller, a warranty may have protected you from paying for that broken product, or allowed you to get that product fixed free of charge.
The Magnuson-Moss Warranty Act is the federal law that regulates consumer product warranties. Since 1975, the Act has required retailers to provide detailed information about their warranty coverage. Warranties are typically even stronger and offer more protection in California, thanks to the Song-Beverly Consumer Warranty Act.
Generally speaking, most consumer products are covered under an express or an implied warranty. The Song and Beverly Act defines consumer products as any new product or part of a product that is used, bought, or leased primarily for personal, family, or household purposes. Clothing and consumable goods like groceries are exempt from this definition.
Express warranties are clearly stated, in writing, at the point of sale. It acts as an explicit guarantee that a product will meet a pre-specified level of performance and reliability.
In California, the words “warrant” and/or “guarantee” imply an express warranty. If your express warranty has been violated, California law also requires an easily accessible return location and for that location to offer repair, replacement, or reimbursement within 30 days in most circumstances.
Examples of express warranties include:
An implied warranty is a guarantee that a product will work as claimed. These warranties automatically provide a base level of protection for most consumer goods. Implied warranties typically last one year, unless a longer or shorter duration specified in an express warranty.
Examples of implied warranties include:
The duration of an implied warranty is the same as the express warranty accompanying the product (but no more than a year and no less than 60 days), or a year if there is no express warranty.
Here are some situations where retailers offering warranties may be breaking either the federal Magnuson-Moss Warranty Act or California’s Song-Beverly Consumer Warranty Act:
With so many products on the market and with lots of different warranties being offered, here are some tips to help you navigate your warranty and make sure you are protected.
If a retailer isn’t honoring your warranty, take action. Many companies have internal policies and mechanisms to resolve warranty disputes. If you are unable to resolve your warranty dispute through that process, federal and state laws may allow you to take legal action and receive damages for your broken warranty along with legal and equitable relief. You can also report violations of your warranty to the FTC in English or Spanish by calling 1-877-FTC-HELP (1-877-382-4357). You can also watch this FTC video on how to file a complaint.
Sources:
Public Health Advocate, CALPIRG Education Fund
Sander is based in Sacramento and works with California decision-makers, the media and coalition partners to further CALPIRG’s legislative priorities. In his free time, Sander enjoys karaoke, science fiction novels and hugging his cat, Arthur.