Magnuson-Moss Warranty Act

Hey ladies and gents!

I found this interesting video from CNET on cars that explains the above mentioned act. As some of you know, reading the actual act and understanding it is a PITA so I think this breaks it down in a much more digestible way. I hope some of you find it useful. Happy New Years!

Alex

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looks to me like the main risk to warranty is with engine tunes

My key take away is that they have to prove that the item caused the issue.

If you change your oil and use Mobil 1 oil and filter they'd need to prove that caused a failure in the engine. If you replace your stock air box with an aftermarket one then all they'd need to prove in court is that their part wasn't faulty. Modifications are not covered under the Act, only direct replacement parts for maintenance or repairs.

The manufacturer does not need to accept any responsibility for modifications you've done to your car. If you want to pay for an attorney and experts to go to litigation with you then plan on a year long process. All the manufacturer needs to do is argue with their proof that there was no flaws in their parts. They do not need to prove your aftermarket mods caused it, they didn't make those parts so they have no authority or expertise on them. Your tech expert and lawyer will argue that your parts didn't cause it so that is must be the defendants parts that failed. In the end it is up to a jury to pick a side. If you win you can get all your legal cost paid and get the part you deserve replaced. If you lose well you're out a lot more money than you would've been if you had just paid for the repair out of pocket originally. The car makers know this and have lawyers ready to go with a set game plan to draw out the process and make you give up.

Watch this video, it really helped me understand things a lot better.

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So say they need to prove that a modification broke the engine. Who will pay for the inspections for the engine and all the wages for the Ford engineer? The owner or the dealership?

olla said:

So say they need to prove that a modification broke the engine. Who will pay for the inspections for the engine and all the wages for the Ford engineer? The owner or the dealership?

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The vehicle manufacturer doesn't need to prove a modification caused it. If you take them to court they only need to prove their part wasn't faulty.

If you change your oil and your engine blows they most likely aren't going to give you an issue with that. If they do then they will need to prove that something was wrong with your oil change.

If you replace the stock air intake with an aftermarket cold air intake then they can void your warranty and there is nothing you can do about it unless you go to court and win.

I was guilty of this before and many are not educated on the law. This act is only in existence to allow consumers to go to their own shop and use their own parts for maintenance. Otherwise the dealerships would have a monopoly on the maintenance work and could charge as much as they like and you'd be stuck paying it if you wanted to keep your warranty.

Matt,

Fantastic video. Thanks for posting this.

Alex

draco24433 said:

Matt,

Fantastic video. Thanks for posting this.

Alex

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You're welcome Alex. Hopefully people don't get burned like I did by not being informed.

good video. Mostly what I expected. There is also the social factor. If the dealership service department likes you, they will overlook big stuff. If they don't, they will deny even for petty stuff. If they don't know you, then its a coin toss depending on who you get.

That's what few of us have been saying about mods. But because our opinion didn't agree with them we're wrong. I know the risks if I mod sure as hell not going to come to open forum cry about it.

People understand that if YOU sue (under this Act or anytime in law really) YOU has the plaintiff have the burden to prove your case; just like any other civil or even criminal case (the state/people have to prove beyond a reasonable doubt the defendant committed the charged acts).

Yes the dealership needs to prove a link between the mod and failure, but only a reasonable and logical connection. There is absolutely no way to 100% prove anything though, so don't think you'll sneak by on that technicality; it is the overall weight of the evidence and the experts brought in to testify on the issue. Not if the dealership can say without a doubt the mod caused the failure.

Unless you have some really deep pockets, bringing a MM Act case is INCREDIBLY difficult and expensive. Typically the cost of the repair is much less than the cost to sue.

Additionally, the MM Act legislative intent was to allow you to go to mom and pop local auto shop and get repairs, or get your oil changed anywhere not just the dealership with any brand oil and filter. Direct factory replacement parts. NOT, for instance, to tune your engine and waive the MM Act around.

This subject will always go round and round so long as misinformation is out there. Bottom line as stated in the video..."you gotta pay to play".

Everybody wants a better/faster/more powerful car...better be ready to accept that process may not turn out as you hoped.

Blk2015GT said:

People understand that if YOU sue (under this Act or anytime in law really) YOU has the plaintiff have the burden to prove your case; just like any other civil or even criminal case (the state/people have to prove beyond a reasonable doubt the defendant committed the charged acts).

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Not to be picky since this is pretty good info, but resonable doubt is for, as an example, a murder, if its a simply crime, say accused of burglary the jury or judge would need to just be pretty sure you're guilty, to put is simply.


Edit, in Texas anyway, and that seems to be a pretty good reason for these denials of warranty, they are pretty sure it was the cause.

Falconetti said:

... need to just be pretty sure you're guilty, to put is simply.

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even this may be optimistic. Upset the service department, get denied a warranty claim (not necessarily in that order), get flagged in the computer as a "problem customer", get stonewalled, and it could theoretically get dragged through the courts, and repeatedly delayed , and all the while you have a transportation problem :frusty:

paul123 said:

good video. Mostly what I expected. There is also the social factor. If the dealership service department likes you, they will overlook big stuff. If they don't, they will deny even for petty stuff. If they don't know you, then its a coin toss depending on who you get.

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This is true. Hint, get in good w/ service dept. It has saved me tons of $.