About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

95 Com. L.J. 468 (1990)
An Overview of the Magnuson-Moss Warranty Act and the Successful Consumer-Plaintiff's Right to Attorney's Fees

handle is hein.journals/clla95 and id is 486 raw text is: AN OVERVIEW OF THE MAGNUSON-MOSS WARRANTY ACT AND THE SUCCESSFUL CONSUMER-PLAINTIFF'S RIGHT TO ATTORNEYS' FEES ROBERT A. RIEGERT* I. INTRODUCTION The Magnuson-Moss Warranty Act1 is a federal law which, along with other federal and state law, helps to protect consumers. Most of the provisions of the Magnuson-Moss Act are activated whenever a seller, or someone farther back in the supply chain, gives a written warranty to a consumer. The Act substantially strengthens the consumer's position in a number of ways. One of the most significant provisions of the Act allows plaintiffs to recover attorneys' fees and court costs in covered warranty cases in which they pre- vail. The Act therefore makes it possible for attorneys to accept cases which they could not previously afford to accept. The long-term effects of the Act should be twofold: (1) to assure consumers fairer treatment; and (2) to im- prove the quality of consumer products. Although most of the provisions of the Act have been law since July 4, 1975, the WESTLAW All-States database in November 1990 listed fewer *Professor, Cumberland School of Law of Samford University; B.S., University of Cincinnati; LL.B., Harvard Law School; J.U.D., Heidelberg University. The author wishes to express his thanks to John Gathings, Clerk to the Honorable Donald Stuart Russell of the United States Court of Appeals for the 4th Circuit; to Richard Ingram of the Georgia Bar; and to numerous other students and former students who have assisted in the preparation of this article. 1. Pub.L. 93-637 Title I, § 101-12, 88 Stat. 2183 (1975), 15 USC §§2301-12 (1988). The Warranty Act is part of a larger Act entitled the Magnuson-Moss Warranty Federal Trade Commission Improvement Act. Title I of this larger Act deals with warranties. Title II deals with general procedures of the Federal Trade Commission (FTC) not limited in their application to warranty matters. Title II is not discussed in this paper. Title I is ordinarily referred to simply as the Magnuson-Moss Warranty Act.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most