Guides
The Magnuson-Moss Warranty Act and your car
The federal warranty law applies to every written warranty on a car sold to a consumer, new or used, in every state. It does not replace your state’s lemon law; it sits under it.
When must a dispute program decide?
Decision due by (16 CFR 703.5(d))
December 5, 2026
| Days from today | 30 left |
| After that: You may go to court on the federal claim | |
Applies to programs that follow the FTC rule; some states set their own time.
The Magnuson-Moss Warranty Act, sections 2301 to 2312 of title 15 of the United States Code, is the federal law of consumer product warranties, and it is often called the federal lemon law. It does not force anyone to give a warranty. When a seller or a manufacturer does give a written warranty on a consumer product, the act sets rules: the warranty must be titled full or limited, its terms must be disclosed under 16 CFR Part 701, implied warranties cannot be disclaimed, and a consumer harmed by a breach may sue for damages and, on winning, recover court costs and attorney fees. The act also governs the informal dispute programs that car manufacturers run: under 16 CFR Part 703 a program must be free to the consumer and decide within 40 days. It applies in every state alongside the state lemon law.
State laws read by Radif Partners · Editorial policy · Method and sources
What the act requires of a written warranty
A written warranty on a product that costs more than ten dollars must be designated a full warranty or a limited warranty. A full warranty carries federal minimum standards set in section 2304: the warrantor must fix the product within a reasonable time and without charge, may not limit the duration of implied warranties, and must offer a refund or a replacement if the product cannot be fixed after a reasonable number of attempts. Car makers give limited warranties, which escape those standards but must still state their terms clearly under 16 CFR Part 701.
Section 2308 protects the implied warranties that state law attaches to a sale, chiefly the warranty that the car is fit for ordinary driving. A seller that gives a written warranty, or sells a service contract within 90 days, may not disclaim them; a limited warranty may only shorten them to its own length.
The 40-day rule for manufacturer programs
Section 2310 encourages warrantors to set up informal dispute settlement mechanisms and lets them require consumers to use one before suing, if the mechanism follows the FTC rule. 16 CFR Part 703 sets its terms: the program is free to the consumer, independent of the warrantor’s influence, and must reach a decision within 40 days of receiving the dispute. Its decision does not bind the consumer, who may go to court afterwards, and it can be used as evidence. The tool at the top of this page counts the 40 days from the date the program received your claim.
Suing under the act
A consumer harmed by a failure to honor a written or implied warranty may sue under section 2310(d), in state court or, for claims of at least $50,000, in federal court. A consumer who wins may be awarded costs and expenses, including attorney fees based on time spent. The warrantor must be given a reasonable chance to cure first. The FTC’s guide to federal warranty law explains these rules from the warrantor’s side.
How it fits with your state’s lemon law
State lemon laws are more specific: they say how many attempts make a car a lemon, what the refund includes, and how long the owner has. The federal act is broader but less precise. A claim can rest on both: section 2311 says the act does not take away any right or remedy a consumer has under state law. Many states tie their own program rules to Part 703, as Arizona, Kansas and Maryland do. The state comparison shows which.