#THE MAGNUSON-MOSS WARRANTY ACT
The Magnuson-Moss Warranty Act, 15 U.S.C. §2301 et seq. (“MMWA”) is a federal law (basically a federal Lemon Law) that applies to all consumer product written warranties (including Motor Vehicle and RV/Motor Home warranties).
In some instances, the MMWA incorporates State warranty law for limited written warranties and implied warranties. For a majority of States across the nation, an RV/Motor Home warranty is breached under the MMWA if defect repairs are untimely, repetitive, or unreasonably numerous.
The main remedy for an RV/Motor Home limited warranty breach is diminution in value damages instead of a refund or replacement (the remedies for a Lemon Law violation; in some instances rescission, i.e., a refund/repurchase may be possible). Diminution of value means that a Motor Home was not worth what was paid for it at the time of purchase (the sales price) because of its defects. Basically, you should get some of your money back from the RV manufacturer because you did not get the new RV value you paid for, but instead got the equivalent of a used worn down RV that should have cost substantially less. See Milicevic v. Fletcher Jones, 402 F.3d 912, 919 (9th Cir. 2005). See also De Shazer v. National Holdings RV, 391 F.Supp.2d 791 (D. Ariz. 2005), Bray v. Monaco, 371 F.Supp.2d 1135 (D. Ariz. 2005), Muller v. Winnebago, 318 F. Supp. 2d 844 (D. Ariz. 2004).
Fortunately, a majority of RV/Motor Home cases are settled out of court without any lawsuit being filed. When litigation is required, our Firm brings RV/Motor Home MMWA cases in federal District Courts where the federal law is generally more favorable to consumers. The types of cases that can be brought are those where the amount in controversy is over $50,000. The amount in controversy for many RV cases meets or exceeds this requirment.
Please make a submission on our FREE CASE REVIEW page and we will contact you to discuss your RV/Motor Home case. If we cannot assist you or do not practice where you reside, we may be able to help you locate counsel.*
The above discussion and summary of the law is for informational purposes and should not be construed as legal advice. Please contact Pryor, Ramirez & Amar, LLC for additional details.