Magnuson-Moss Warranty Improvement Act
Dear Consumer,
Using Python, Hornet or other quality brand name auto security products
does not void vehicle warranties.
Consumers who purchase auto security systems are sometimes told by an
automobile dealer's service representative or mechanic that after-market
parts or products will "void the warranty", with the implication that only
the car manufacturer's own brand may be used. This, of course, tends to cast
doubt on the quality of the after-market products.
This claim is simply and absolutely untrue. Under the Magnuson-Moss
Warranty Improvement Act, a vehicle manufacturer may not make its vehicle
warranty conditional on the use of any brand of security system unless the
manufacturer provides the system free of charge or the Federal Trade
Commission (FTC) has specifically published that only vehicle
manufacturer's product may be used.
To challenge a false claim, ask the person to put it in writing or request
the vehicle manufacturer security system free of charge. If you are charged
for the security system or they refuse to give you a written statement,
there may be a violation of Federal law.
For your convenience here is a copy of the relevant sections of the
Magnuson-Moss Warranty Improvement Act.
Sincerely,
Steve Rutherford
CONSUMER PRODUCT WARRANTIES 15 * 2302
(b)(1)(A) The Commission shall prescribe rules requiring that
the terms of any
written warranty on a consumer product be made available to the
consumer to
the consumer (or prospective consumer) prior to the sale of the
product to
him/her.
(B) The Commission may prescribe rules for determining the
manner and form
in which information with respect to any written warranty of a
consumer
product shall be clearly and conspicuously presented or
displayed so as not to
mislead the reasonable, average consumer, when such information
is contained
in advertising, labeling, point-of-sale material, or other
representations in
writing.
(2) Nothing in this chapter (other than paragraph (3) of this
subsection) shall be
deemed to authorize the Commission to prescribe the duration of
written
warranties given or to require that a consumer product or any of
its components
be warranted.
(3) The Commission may prescribe rules for extending the period
of time a
written warranty or service contract is in effect to correspond
with any period of
time in excess of a reasonable period (not less than 10 days)
during which the
consumer is deprived of the use of such consumer product by
reason of failure
of the product to conform with the written warranty or by reason
of the failure
of the warrantor (or service contractor) to carry out such
warranty (or service
contract) within the period specified in the warranty (or
service contract).
Prohibition on conditions for written or implied warranty;
waiver by the
Commission
(c) No warrantor of a consumer product may condition his written
or implied
warranty of such product on the consumer's using, in connection
with such
product, any article or service (other than article or service
provided without
charge under terms of the warranty) which is identified by
brand, trade, or
corporate name; except that the prohibition of this subsection
may be waived by
the Commission if -
(1) the warrantor satisfies the Commission that the warranted
product will
function properly only if the article or service so identified
is used in
connection with the warranted product, and
(2) the Commission finds that such a waiver is in the public
interest.
The Commission shall identify in the Federal Register, and
permit public
comment on, all applications for waiver of the prohibition of
this subsection,
and shall publish in the Federal Register its disposition of any
such application,
including the reasons therefore.
Injunction proceedings by Attorney General or Commission for
deceptive
warranty, noncompliance with requirements, or violating
prohibitions;
procedures; definitions
(c)(1) The district courts of the United States shall have
jurisdiction of any action
brought by the Attorney General (in his capacity as such), or by
the Commission
by any of its attorneys designated by it for such purpose, to
restrain (A) any
warrantor from making a deceptive warranty with respect to a
consumer
product, or (B) any person from failing to comply with any
requirement
imposed on such person by or pursuant to this chapter or from
violating any
prohibition contained in this chapter. Upon proper showing that,
weighing the
equities and considering the Commission's or Attorney General's
likelihood of
ultimate success, such action would be in the public interest
and after notice of
the defendant, a temporary restraining order or preliminary
injunction, the
order or injunction shall be dissolved by the court and be of no
further force and
effect. Any suit shall be brought in the district in which
person resides or
transacts business. Whenever it appears to the court that the
ends of justice
require that other persons should be parties in the action, the
court may cause
the to be summoned whether or not they reside in the district in
which the court
is held, and to that end process may be served in any district.
(2)For the purposes of this subsection, the term "deceptive
warranty" means (A)
a written warranty which (i) contains an affirmation, promise,
description, or
representation which is either false or fraudulent, or which in
light of all of the
circumstances, would mislead a reasonable individual exercising
due care; or
(ii) fails to contain information which is necessary in light of
all of the
circumstances, to make the warranty not misleading to a
reasonable individual
exercising due care; or (B) a written warranty created by the
use of such terms as
"guaranty" or "warranty", if the terms and conditions of such
warranty so limit
its scope and application as to deceive a reasonable individual.
If you feel that your right to choice in this matter has been
denied, please contact the Federal
Trade Commission in your area:
Atlanta, GA, tel: 404-656-1399
Boston, MA, tel: 617-424-5960
Chicago, IL, tel: 312-353-4423
Cleveland, OH, tel: 216-522-4207
Denver, CO, tel: 303-844-2271
New York City, NY, tel: 310-235-4000
San Francisco, CA, tel: 451-356-5270
Know your rights
-------------------------------------------
Steven St.Laurent
Test Engineer
Test Branch, GSD, MCTSSA
MARCORSYSCOM, USMC
760-725-2506 (DSN 365-2506)
Work:mailto:stlaurents@mctssa.usmc.mil
Home:mailto:saint1958@home.com
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