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otherwise restrict the manner in
which a driver may use his or her
phone while operating a vehicle.
7.11 Warranty Laws
The following laws govern
warranties that arise in retail sales
of consumer goods:
●
The California Song-Beverly
Consumer Warranty Act [CC
§§1790 et seq],
●
The California Uniform
Commercial Code, Division Two
[Com C §§2101 et seq], and
●
The federal Magnuson-Moss
Warranty Federal Trade
Commission Improvement Act
[15 USC §§2301 et seq; 16
CFR Parts 701– 703]. A typical
Magnuson-Moss Act warranty is
a written promise that the
product is free of defects or a
written promise to refund, repair,
or replace defective goods. [See
15 USC §2301(6).] Remedies
include damages for failing to
honor a written warranty or
service contract or for violating
disclosure provisions. [See 15
USC §2310(d).] Except for some
labeling and disclosure
requirements, the federal Act
does not preempt state law. [See
15 USC §2311.]
The Consumer Warranty Act does
not affect the rights and
obligations of parties under the
state Uniform Commercial Code,
except the provisions of the Act
prevail over provisions of the
Commercial Code when they
conflict. [CC §1790.3.]
For purposes of small claims
actions, this course will focus on
rights and duties under the state
laws.
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