93rd Congress > Senate > Vote 1133
Description: TO AGREE TO COMFERENCE REPORT ON S. 356, PROPOSING STANDARDS FOR WRITTEN CONSUMER PRODUCT WARRANTIES AGAINST DEFECTS OR MALFUNCTIONS.
Bill summary: Magnuson-Moss Act -
Title I: Consumer Product Warranties
- Requires any supplier warranting in writing a consumer product to fully and conspicuously disclose in simple and readily understood language the terms and conditions of said warranty pursuant to any regulations issued by the Federal Trade Commission under this title.
Provides that the Commission shall determine the manner and form in which information with respect to any written warranty shall be clearly and conspicuously presented or
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displayed when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing.
Requires any supplier warranting in writing a consumer product to undertake at a minimum the following duties in order to be deemed to have incorporated the Federal standards for warranty: (1) to repair or replace any malfunctioning or defective warranted consumer product; (2) within a reasonable time; and (3) without charge. Provides that in fulfilling such duties the warrantor shall not impose any duty other than notification upon any purchaser as a condition of securing repair or replacement of any malfunctioning or defective consumer product unless the warrantor can demonstrate that such a duty is reasonable.
Provides that nothing in this title shall be construed to prevent a supplier from selling a service contract to the purchaser in addition to or in lieu of a warranty in writing if such contract fully and conspicuously discloses in simple and readily understood language the terms and conditions of the contract.
Provides that arrangements made by a warrantor for a representative to perform duties under a written warranty shall not relieve the warrantor of his direct responsibilities to the purchaser.
Provides that there shall be no express disclaimer of implied warranties to a purchaser if any warranty in writing or service contract in writing of a consumer product is made by a supplier to a purchaser.
Declares it to be the policy of Congress to encourage suppliers to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.
Provides that any purchaser damaged by the failure of a supplier to comply with any obligations assumed under a written warranty or written service contract subject to this title may bring suit for breach of such warranty or service contract in an appropriate district court of the United States, and any purchaser damaged by the failure of a supplier to comply with any obligations assumed under a written warranty or written service contract subject to this title may bring suit in any State or District of Columbia court of competent jurisdiction.
Allows any purchaser who prevails in any suit or proceeding for breach of an express or implied warranty or service contract obligation to recover as part of the judgement a sum equal to the aggregate amount of cost and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by such purchaser for, or in connection with, the institution and prosecution of such suit or proceeding.
Makes it unlawful and a violation of the Federal Trade Commission Act for any person subject to the provisions of this title to fail to comply with any requirement imposed on such person by or pursuant to this title or to violate any prohibition contained in this title.
Provides that the district courts of the United States shall have jurisdiction to restrain violations of this title in an action by the Attorney General or by the Federal Trade Commission by any of its attorneys designated by it for such purpose.
Invests the Attorney General with investigative powers concerning possible violations of this title.
Provides that the provisions of this title and the powers granted hereunder to the Commission and the Attorney General shall extend to all sales of consumer products and service contracts affecting interstate commerce.
Title II: Federal Trade Commission Improvements
- Allows the Commission to initiate civil actions in the district courts of the United States against persons, partnerships, or corporations engaged in any act or practice which is unfair or deceptive to a consumer. Provides for a maximum fine of $10,000 for each violation.
States that, after an order of the Commission to cease and desist from engaging in acts or practices which are unfair or deceptive to consumers, the Commission may institute civil actions in the district courts of the United States to obtain such relief as the court shall find necessary to redress injury to consumers caused by the acts or practices which were the subject of the cease and desist order.
Authorizes the Commission to issue procedural rules to carry out the provisions of this Act. Authorizes the Commission to issue legislative rules defining with specificity acts or practices which are unfair or deceptive to consumers.
Provides that any person seeking judicial review of a rule may obtain such review in the United States Court of Appeals for the District of Columbia Circuit, or any circuit where such person resides or has his principal place of business.
Provides that upon application of the Attorney General of the United States or the Commission, acting through any of its attorneys designated by it for such purpose, the district courts of the United States shall have jurisdiction to issue writs of mandamus commanding any person or corporation to comply with the provisions of this Act or any order of the Commission made in pursuance thereof.
Provides that whenever the Commission has reason to believe: (1) that any person, partnership, or corporation is engaged in, or is about to engage in, any act or practice which is unfair or deceptive to a consumer, and (2) that the enjoining thereof pending the issuance of a complaint by the Commission, and until such complaint is dismissed by the Commission or set aside by the court on review, or the order of the Commission made thereon has become final; the Commission by any of its attorneys designated by it for such purpose may bring suit in a district court of the United States to enjoin any such act or practice.
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Bill titles: An Act to provide minimum disclosure standards for written consumer product warranties; to define minimum Federal content standards for such warranties; to amend the Federal Trade Commission Act in order to improve its consumer protection activities; and for other purposes.; A bill to provide disclosure standards for written consumer product warranties against defect or malfunction; to define Federal content standards for such warranties; to amend the Federal Trade Commission Act in order to improve its consumer protection activities.
Original source documents: Digest of the Congressional Record vol. 120-178, p. S21990;
Links for more info on the vote: congress.gov
