Product broke? Your warranty rights beyond the store policy (Magnuson-Moss, implied warranty, and credit card extended warranty)
Every product sold by a merchant comes with an implied warranty that it works, whether or not the box says so. Written warranties are federally regulated, "warranty void if opened" stickers are illegal, and your credit card may add a year of coverage. How to make a warranty claim that gets honored, when you can sue for the repair cost plus attorney's fees, and lemon law basics for cars.
- Implied warranty of merchantability (UCC §2-314): a merchant's product must be fit for its ordinary use for a reasonable time, even with no written warranty. Sellers can only disclaim it with a clear "as is" statement, and some states (Massachusetts, Maryland, Kansas, Mississippi, West Virginia, D.C.) don't allow disclaiming it for consumer goods at all.
- Magnuson-Moss Warranty Act: any written warranty must be clear, available before purchase, and honored. "Warranty void if seal broken" or "must use our repair shop" conditions are generally illegal (the manufacturer must prove your repair or third-party part caused the problem). If you sue and win, the company pays your attorney's fees, which is why consumer lawyers take these cases.
- Your credit card may add extended warranty coverage (typically an extra year, up to $10,000) if you paid with it. Check the card's benefits guide.
- Claim path: retailer (return window) → manufacturer (written warranty) → implied warranty demand → credit card extended warranty → small claims or a Magnuson-Moss lawyer.
- Cars: state lemon laws require refund or replacement after a reasonable number of repair attempts for the same defect within the warranty period.
Which warranty applies
| Source | What it covers | How long |
|---|---|---|
| Store return policy | Refund/exchange for any reason | Usually 14–90 days |
| Written (express) warranty | Defects listed in the warranty | As stated (often 1 year) |
| Implied warranty of merchantability | Product doesn't work for its ordinary purpose | Reasonable time; UCC allows up to 4 years to sue (some states 1–6) |
| Credit card extended warranty | Extends the manufacturer's written warranty | Usually +1 year, up to a cap |
| State lemon law (vehicles) | Repeated failed repairs of a substantial defect | Typically 12–24 months / 12,000–24,000 miles |
Make the claim
- Store first if inside the return window: full refund or exchange, no argument.
- Manufacturer: find the warranty page, open a claim with proof of purchase, serial number, photos or video of the fault. Ask for repair, replacement, or refund as the warranty states. If they demand the item be shipped at your expense and the warranty doesn't say so, push back.
- "Void" excuses: opened the case, used a third-party charger, had it repaired elsewhere. Reply: "Under the Magnuson-Moss Warranty Act, 15 U.S.C. §2302(c), you may not condition the warranty on the use of your own parts or service, and you must show that the third-party part or service caused this defect." The FTC has warned Nintendo, Sony, Microsoft, Hyundai, and others over these terms.
- Implied warranty demand when there's no written warranty or it expired but the product failed unreasonably early (a $1,200 fridge dying at 14 months): write to the seller and the manufacturer citing the implied warranty of merchantability and demanding repair or a pro-rated refund. Use the demand letter template.
- Credit card extended warranty: call the benefits administrator (number on the card's guide), file within the deadline (often 60–90 days of the failure), with the receipt, the warranty terms, and a repair estimate or denial. They pay the repair or replacement up to the cap.
- Small claims for the repair or replacement cost; or a consumer attorney for Magnuson-Moss claims on bigger items (appliances, electronics, vehicles), since the company pays fees if you win.
Vehicles: lemon law in one minute
Every state has one. Typical rule: if a substantial defect covered by the warranty isn't fixed after 3–4 repair attempts, or the car is out of service 30+ days in the first 12–24 months, the manufacturer must buy the car back or replace it. Steps: keep every repair order; notify the manufacturer in writing (certified) after the second failed repair; follow your state's process (some require arbitration first). Lemon law attorneys work on fees paid by the manufacturer. Used cars: some states cover them; the federal Magnuson-Moss and implied warranty apply to dealers unless sold "as is" with the FTC Buyers Guide sticker.
FAQ
The warranty says I have to go to arbitration
A warranty can require you to try an informal dispute program first, but under the FTC's rule (16 CFR 703) the result can't be binding on you: you keep the right to sue afterward. Some courts have enforced binding arbitration clauses anyway, so if the warranty has one, raise the FTC rule and check with a consumer attorney. Small claims is usually still open to you.
The store says "all sales final"
Legal for returns, but it doesn't remove the implied warranty unless the product was clearly sold "as is."
The product was a gift
Warranties follow the product; the recipient can claim with the gift receipt or serial number.
Extended warranties sold by the store
Service contracts, regulated by state insurance law. Often not worth it if your card already extends coverage; read the exclusions.