Title 15 — Commerce and TradeRelease 119-73

§2304 Federal minimum standards for warranties

Title 15 › Chapter CHAPTER 50— - CONSUMER PRODUCT WARRANTIES › § 2304

Last updated Apr 6, 2026|Official source

Summary

If a company calls a written warranty a "full (statement of duration)" warranty, it must follow some basic rules. The company must fix a defective product in a reasonable time and at no charge. It cannot shorten any implied warranty by time limits. It cannot limit the customer’s recovery for consequential losses unless that limit is clearly shown on the face of the warranty. If a problem keeps happening after a reasonable number of repair attempts, the customer can choose a refund or a free replacement, and any replaced part must be installed without charge. The federal agency that makes rules can say what counts as a "reasonable number" of repair attempts and can make more detailed rules for different kinds of products. The company cannot require the customer to do anything beyond telling them about the problem to get the remedy, unless the company proves in a formal proceeding that a different requirement is reasonable. The company may require the product be free of liens before giving a refund or replacement, unless the agency says that is not practical. "Without charge" means the customer may not be billed for costs the company or its agents incur to fix the product. If delays or unreasonable duties cause extra expenses, the customer can recover reasonable incidental costs in an action.

Full Legal Text

Title 15, §2304

Commerce and Trade — Source: USLM XML via OLRC

(a)In order for a warrantor warranting a consumer product by means of a written warranty to meet the Federal minimum standards for warranty—

(1)such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty;

(2)notwithstanding section 2308(b) of this title, such warrantor may not impose any limitation on the duration of any implied warranty on the product;

(3)such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; and

(4)if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be). The Commission may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to remedy particular kinds of defects or malfunctions under different circumstances. If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge.

(b)(1)In fulfilling the duties under subsection (a) respecting a written warranty, the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing remedy of any consumer product which malfunctions, is defective, or does not conform to the written warranty, unless the warrantor has demonstrated in a rulemaking proceeding, or can demonstrate in an administrative or judicial enforcement proceeding (including private enforcement), or in an informal dispute settlement proceeding, that such a duty is reasonable.

(2)Notwithstanding paragraph (1), a warrantor may require, as a condition to replacement of, or refund for, any consumer product under subsection (a), that such consumer product shall be made available to the warrantor free and clear of liens and other encumbrances, except as otherwise provided by rule or order of the Commission in cases in which such a requirement would not be practicable.

(3)The Commission may, by rule define in detail the duties set forth in subsection (a) of this section and the applicability of such duties to warrantors of different categories of consumer products with “full (statement of duration)” warranties.

(4)The duties under subsection (a) extend from the warrantor to each person who is a consumer with respect to the consumer product.

(c)The performance of the duties under subsection (a) shall not be required of the warrantor if he can show that the defect, malfunction, or failure of any warranted consumer product to conform with a written warranty, was caused by damage (not resulting from defect or malfunction) while in the possession of the consumer, or unreasonable use (including failure to provide reasonable and necessary maintenance).

(d)For purposes of this section and of section 2302(c) of this title, the term “without charge” means that the warrantor may not assess the consumer for any costs the warrantor or his representatives incur in connection with the required remedy of a warranted consumer product. An obligation under subsection (a)(1)(A) to remedy without charge does not necessarily require the warrantor to compensate the consumer for incidental expenses; however, if any incidental expenses are incurred because the remedy is not made within a reasonable time or because the warrantor imposed an unreasonable duty upon the consumer as a condition of securing remedy, then the consumer shall be entitled to recover reasonable incidental expenses which are so incurred in any action against the warrantor.

(e)If a supplier designates a warranty applicable to a consumer product as a “full (statement of duration)” warranty, then the warranty on such product shall, for purposes of any action under section 2310(d) of this title or under any State law, be deemed to incorporate at least the minimum requirements of this section and rules prescribed under this section.

Reference

Citations & Metadata

Citation

15 U.S.C. § 2304

Title 15 — Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73