Quick overview
When a product stops working as expected, your remedies can include a repair, replacement, or refund. Which remedy applies depends on the written warranty, applicable state law (including the Uniform Commercial Code’s implied warranties), and federal protections such as the Magnuson‑Moss Warranty Act. In practice, resolving a product failure is mostly about good documentation, clear communication, and following the seller’s warranty process.
This article explains the law you should know, step‑by‑step actions to take, real‑world examples, common pitfalls, and resources to escalate a dispute.
Legal foundations and where your rights come from
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Magnuson‑Moss Warranty Act (1975): a federal law that governs written warranties on consumer products and requires that warranties be stated clearly. It also allows consumers to sue for breach of warranty in some cases (U.S. Code, 15 U.S.C. § 2301 et seq.). (See legal summary at Cornell Law School: https://www.law.cornell.edu/uscode/text/15/chapter-50)
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Implied warranties: Under the Uniform Commercial Code (adopted with variations by each state), every sale of goods typically carries an implied warranty of merchantability — the product must be fit for ordinary use — and sometimes an implied warranty of fitness for a particular purpose.
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State lemon laws and consumer protection statutes: For vehicles and some high‑value items, states provide additional remedies and timelines. Each state’s law varies.
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Federal agencies: The Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB) provide guidance on warranty and return issues and can accept consumer complaints (FTC: https://www.ftc.gov; CFPB: https://www.consumerfinance.gov).
How the process usually works (step‑by‑step)
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Document the problem immediately. Keep the purchase receipt, photos or video of the defect, serial numbers, and any packaging. Note dates and any conversations (names, dates, times, and what was said).
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Check written materials. Read the product’s express warranty, the store return policy, and any attached disclaimers. Note deadlines (e.g., 30 days, 90 days, 1 year) and whether the warranty requires use of authorized service centers.
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Contact the seller or manufacturer. Start with the retailer where you bought the item. Be concise: state the defect, the purchase date, your desired remedy (repair/replacement/refund), and that you’re acting under the warranty and applicable laws.
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Use the manufacturer’s warranty claim process. Follow its directions for shipping, authorized repair, or in‑store service. Keep records of shipping receipts and RMA numbers.
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Escalate if the first remedy fails. If a repair does not fix the problem, request a replacement or a refund. If the company refuses, request written confirmation of denial and reasons.
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Consider alternative remedies: chargeback or dispute the charge with your credit card issuer (if the purchase was recent and you used a credit card), file a complaint with the FTC or your state attorney general, or pursue small claims court or warranty litigation.
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If the item is a vehicle, check your state’s lemon law. Lemon laws often have specific notice and mileage requirements and may require a certain number of repair attempts.
In my practice helping clients, the most successful cases follow these steps and emphasize thorough documentation from day one.
Common remedies and limitations
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Repair: The manufacturer fixes the defect. This is the most common initial remedy.
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Replacement: A new or refurbished unit replaces the defective one.
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Refund: The seller returns your money. Refunds are more common when the defect is substantial or repairs fail repeatedly.
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Diminished value or damage claims: In some cases you can seek compensation for lost value, but this is rarer and usually requires legal action.
Limitations to watch for:
- Warranty exclusions for misuse, unauthorized repairs, or consumable parts.
- Time limits: express warranties often have short windows; implied warranty claims may have longer statutes of limitations depending on state law.
- Arbitration clauses and class‑action waivers: Many manufacturers include these in the fine print; they can limit court access.
Documentation checklist (save this list)
- Original receipt or proof of purchase
- Product serial number and model
- Photos and short video showing the defect
- Copies of any warranty documents or owner’s manual pages that show coverage
- All communications (emails, chat transcripts, call logs with names and dates)
- Repair orders, invoices, and shipping receipts
A complete folder of evidence makes escalation and any legal action far more likely to succeed.
Practical scripts you can use (concise, professional)
Initial contact (retailer):
“Hello — I purchased [product, model, serial] on [date]. It developed [describe defect]. My receipt is attached. The product is covered by a [length]-month warranty. I request a repair/replacement/refund under that warranty. Please advise the next steps and any return authorization number.”
If repair fails and you want a refund:
“The repair attempt on [date] did not resolve the defect. Per the warranty, I request a replacement or full refund. Please confirm next steps in writing, including a deadline for response.”
When to use a chargeback, complaint, or small claims court
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Chargeback: Use for recent purchases on a credit card when the merchant will not cooperate. Time limits vary by card issuer (commonly 60–120 days from the purchase or discovery of the problem). Check your card’s dispute policy.
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Agency complaint: File a complaint with the FTC and your state attorney general when a pattern of unlawful conduct or deceptive practices is involved. The CFPB accepts complaints related to certain product financing or refund disputes (https://www.consumerfinance.gov/complaint/).
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Small claims or civil suit: If the amount is within your state’s small claims limit and the company isn’t cooperating, small claims court can be an effective, low‑cost option.
Refer to our advice on how to file a complaint for evidence best practices and step‑by‑step filing guidance: How to File a Complaint with Federal and State Consumer Agencies.
Real‑world examples (brief)
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Appliance replacement under warranty: A client’s washing machine failed three months after purchase. After documenting the defect and following the manufacturer’s RMA process, the first repair did not fix the issue. The client requested a replacement under the written warranty; the company provided a new unit after escalation and retention of the repair records.
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Refund after failed repairs: A second client had a high‑end coffee maker that repeatedly failed. She documented every repair visit and then requested a refund; the retailer agreed to a full refund rather than continue repairs.
These cases followed the same pattern: document, demand in writing, escalate, and if necessary, use consumer resources.
Pitfalls and misconceptions
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Warranties always cover defects: False. Many warranties exclude normal wear, consumables (filters, bulbs), or misuse.
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Returning to the retailer is always better than contacting the manufacturer: Not necessarily. Retailers often have return windows; manufacturers handle longer warranty repairs. Check both options.
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You must accept the first repair: No. If repairs fail repeatedly, you can usually demand a replacement or refund.
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Verbal promises are binding: Put everything in writing. Save emails and notes from calls. A written acknowledgement is stronger evidence.
Interacting with extended warranties and service plans
Extended warranties and service plans are separate contracts. Read exclusions carefully (e.g., some plans exclude certain parts or require deductibles). For advice on when to skip added protection, see our guide: Extended Warranty Traps: When to Say No to Added Protection.
Also review the differences between warranty and return policies in this primer: Understanding Warranty vs. Return Policies: Consumer Rights Explained.
When to consult a lawyer
Consult an attorney when:
- The item’s value is high and the company refuses reasonable remedies.
- Arbitration or class‑action issues are on the table and you need to understand your options.
- You have a complex case (e.g., a defective vehicle or pattern of failure across multiple products).
A consumer protection attorney can evaluate warranty language, statutory remedies, and likely costs of litigation. In many cases, a demand letter from a lawyer prompts a faster resolution.
Final checklist before you act
- Gather all evidence (receipt, photos, serial number).
- Identify warranty and return timelines.
- Contact the seller first, then the manufacturer, and follow their RMA steps.
- Keep records of every step and escalate in writing if needed.
- Use chargebacks, complaints, or small claims as next steps.
Professional disclaimer: This article is educational and does not constitute legal advice. For case‑specific legal guidance, consult a qualified attorney or consumer protection advocate.
Authoritative resources
- FTC — consumer warranty information: https://www.ftc.gov
- CFPB — file a complaint: https://www.consumerfinance.gov
- Magnuson‑Moss Warranty Act (text & overview): https://www.law.cornell.edu/uscode/text/15/chapter-50
