Consumer warranty laws are fairly complex and can be daunting for a consumer electronics company to navigate without the requisite level of legal experience. Similar to false and misleading advertising issues, an improperly written warranty can expose a company to claims by federal and state enforcement agencies, as well as individual consumers either individually or via class action. Another, often overlooked, issue associated with consumer warranties relates to the legal meaning of certain words such as “lifetime” and “limited” and even terms such as “1-year” and “5-year”. Under the proper interpretation of the law, there are strict meanings associated with many legal terms concerning the duration of a consumer warranty. If those meanings are not fully understood in advance of placing a warranty on retail packaging and collateral, then the company offering such warranties may be held liable for longer warranty terms than they had anticipated.
Additionally, federal law sets forth very strict requirements as to how a consumer warranty must be written, exposing the party offering the warranty to liability if the warranty is not written in exactly the manner prescribed by the FTC.
The Flower Law Firm has a wealth of experience in reviewing and drafting warranties for consumer electronics goods, as well as experience in advising clients regarding claims by consumers that a written warranty confers on them more rights than they are entitled to under the law.