Federal Lemon Law Statutes

Federal Laws That Protect Consumers

Lemons come in all shapes and sizes, from trucks to ATVs, but they’re all covered by federal lemon law statutes. If you think your vehicle may be a lemon, the two most important federal frameworks to understand are:

• Magnuson-Moss Warranty Act: Enacted in 1975 (15 U.S.C. sections 2301–2312), the Magnuson-Moss Warranty Act is the primary federal statute protecting consumers against defective products covered by a written warranty. It applies to any consumer product that comes with a written warranty, including cars, trucks, motorcycles, boats, RVs, and ATVs. The Act covers both new and used products and doesn’t impose mileage restrictions the way most state lemon laws do. It also prohibits manufacturers from drafting unfair or overly limited warranties and requires that warranties be written in plain, understandable language.
• Uniform Commercial Code (UCC): Adopted by all 50 states, the UCC covers contracts dealing with product sales and gives buyers remedies, including the right to reject nonconforming goods and seek a refund or replacement, when a product turns out to be a lemon. The UCC doesn’t strictly define a “lemon,” so whether a vehicle qualifies requires case-by-case legal analysis. If you’re unsure whether the UCC applies to your situation, I’m happy to talk it through with you.

Manufacturers are well-resourced adversaries in lemon law disputes, and experienced legal representation can materially affect the outcome for consumers pursuing these claims. I work on a contingency-fee basis, so there’s no cost to you unless I achieve a favorable result. I’m available to discuss your situation at any time.

The Magnuson-Moss Fee-Shifting Provision

One of the most important and least-understood features of the Magnuson-Moss Warranty Act is its fee-shifting provision. Under section 2310(d)(2) of the Act, a court may award the prevailing consumer’s reasonable attorney fees and costs when the consumer wins a warranty claim. This means that even consumers who can’t afford to pay an attorney out of pocket can pursue a claim against a large manufacturer.

A settlement of a warranty claim can count as prevailing for purposes of the fee-shifting provision, so attorney fees are typically requested from the manufacturer as part of any settlement negotiation. The Act also permits claims to be filed in either state or federal court, though federal court requires the amount in controversy to exceed $50,000. And if the defects appeared during the warranty period, the cause of action for breach of written warranty remains available even after the written warranty has expired.

How State Laws Vary

Federal lemon law statutes cover newly purchased vehicles rendered substantially defective while still under warranty, but many states have expanded their own statutes to also cover used or “like-new” vehicles. In some jurisdictions, state law is stricter than the federal baseline, which can make these cases more difficult for consumers without an attorney who knows that state’s requirements.

I’m licensed to practice in Louisiana, Texas, and California. If you think you may have a lemon in any of those states, I encourage you to contact me as soon as possible. California and Texas have some of the strictest lemon laws in the country. I’ve put together detailed information on both below.

• California Lemon Law
• Texas Lemon Law

Having a lemon doesn’t mean you’re stuck with it. The law may provide options, but applying it effectively takes experience. With more than 30 years of lemon law practice behind me, I know how to pursue these cases. Let me take on the fight so you don’t have to face it alone.

Contact Rick Dalton Law Firm, LLC now for a free consultation.