Good point! It's subtle. What it means is that the dealers/manufacturers
don't set the rules. It has the effect of placing upon the
dealer/manufacturers the burden of proving by a preponderance of the
evidence that the modification or abuse by the consumer, led to the defect
or malfunction. The law also provides for attorney's fees and costs.
This is critical to giving teeth to any consumer protection statute. It
means an attorney will be much more likely to take the case on and you will
have a much better chance of being made hole. The REAL effect is, that the
manufacturer won't want to go to court unless he specifically smells fraud
in the case. Oh, they will play hardball early, they may even wait til you
actually file the complaint, but they will settle if there is any merit at
all to your case.
Note that the individual states often have warranty laws of there own.
California's state law, The Song-Beverly Act is, in my opinion weaker than
the case law using Magnuson-Moss (at least in trying to qualify a lemon).
My guess is that when lawyers are pressed to file a complaint (lawsuit),
they cop out and go to state court even though federal court would serve
their clients better. Most lame ass lawyers are scared sh*tless of Federal
Court judges (and for good reason). I've seen lawyers in Federal Court
become guests of the gov't for pulling the same crap they pull everyday in
the state courts.
-Dr. Steve, the Law Professor....
I try not to be a lawyer, but I play one in the classroom...
***BEGIN LAWYERSPEAK***This email does not constitute legal advice in any
shape, way, or manner. Although the poster is technically speaking, a
licensed attorney in the state of California, you should in reading his
email, consider his general ignorance in all areas of consumer law. To
follow his advice, or rely on his opinions would clearly make you and
bigger fool than he is!***END LAWYERSPEAK***
Steve Ekstrand, Pasadena, CA Driver: '00 Dakota CC SLT+ 4.7L 3.92SG 255's
Stacey's Driver: '00 Inferno Red Intrepid ES-3.2L-24V Autostick w/Leather
Race Car: 69 1/2 Road Runner 440-6 (ex-NHRA SS/GA future B or C/SA???)
Project Car: 69 Barracuda Notchback (Orig. 318, now 360w/Edelbrock Heads)
Homepage: http://sites.netscape.net/professormopar/homepage
----- Original Message -----
From: "Alan Short" <ashort@flash.net>
To: <dakota-truck@buffnet.net>
Sent: Thursday, May 11, 2000 4:14 PM
Subject: Re: DML: (BOB) The Magnuson-Moss Warranty Act
| Hmmm, I didn't see ANY protection for aftermarket parts installations.
| What did I miss?
| Even if there was, you'd have to file a court case.
| A service writer wouldn't know or care about Magnusson - Moss.
| I wonder who (if anyone) used this case law as a defense against a
| Dealership in a aftermarket parts warranty issue?
| Alan S.
|
|
This archive was generated by hypermail 2b29 : Fri Jun 20 2003 - 11:51:17 EDT