Title 15Commerce and TradeRelease 119-73not60

§2301 Definitions

Title 15 › Chapter 50— CONSUMER PRODUCT WARRANTIES › § 2301

Last updated Apr 3, 2026|Official source

Summary

Defines the key words used in the chapter. Consumer product — a physical item sold for personal, family, or home use, including items meant to be attached to real property. Commission — the Federal Trade Commission. Consumer — someone who buys a consumer product (not for resale), or who gets the product during a warranty or can enforce that warranty. Supplier — anyone who makes a consumer product available to buyers. Warrantor — a supplier or other person who gives a written warranty or is responsible under an implied warranty. Written warranty — a written promise about material or workmanship or a written promise to refund, repair, replace, or take other action if the product fails. Implied warranty — a warranty that comes from State law, as changed by sections 2308 and 2304(a). Service contract — a written agreement to do repair or maintenance work for a set time. Reasonable and necessary maintenance — upkeep a consumer can reasonably be expected to do or have done that is needed to keep the product working. Remedy — the action the warrantor chooses: repair, replacement, or refund. Replacement — giving a new item that is the same or basically the same. Refund — returning the actual purchase price, minus reasonable depreciation for actual use when the Commission’s rules allow it. Distributed in commerce — sold, introduced, or held for sale in commerce. Commerce — trade or transport between a place in a State and a place outside it, or activity that affects that trade. State — a State, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Canal Zone, or American Samoa; “State law” includes U.S. law that applies only to DC or a territory, and “Federal law” does not include State law.

Full Legal Text

Title 15, §2301

Commerce and Trade — Source: USLM XML via OLRC

For the purposes of this chapter:
(1)The term “consumer product” means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed).
(2)The term “Commission” means the Federal Trade Commission.
(3)The term “consumer” means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract).
(4)The term “supplier” means any person engaged in the business of making a consumer product directly or indirectly available to consumers.
(5)The term “warrantor” means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.
(6)The term “written warranty” means—
(A)any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time, or
(B)any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking,
(7)The term “implied warranty” means an implied warranty arising under State law (as modified by section 2308 and 2304(a) of this title) in connection with the sale by a supplier of a consumer product.
(8)The term “service contract” means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair (or both) of a consumer product.
(9)The term “reasonable and necessary maintenance” consists of those operations (A) which the consumer reasonably can be expected to perform or have performed and (B) which are necessary to keep any consumer product performing its intended function and operating at a reasonable level of performance.
(10)The term “remedy” means whichever of the following actions the warrantor elects:
(A)repair,
(B)replacement, or
(C)refund;
(11)The term “replacement” means furnishing a new consumer product which is identical or reasonably equivalent to the warranted consumer product.
(12)The term “refund” means refunding the actual purchase price (less reasonable depreciation based on actual use where permitted by rules of the Commission).
(13)The term “distributed in commerce” means sold in commerce, introduced or delivered for introduction into commerce, or held for sale or distribution after introduction into commerce.
(14)The term “commerce” means trade, traffic, commerce, or transportation—
(A)between a place in a State and any place outside thereof, or
(B)which affects trade, traffic, commerce, or transportation described in subparagraph (A).
(15)The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, or American Samoa. The term “State law” includes a law of the United States applicable only to the District of Columbia or only to a territory or possession of the United States; and the term “Federal law” excludes any State law.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

For definition of Canal Zone, referred to in par. (15), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Statutory Notes and Related Subsidiaries

Short Title

of 2015 Amendment Pub. L. 114–51, § 1, Sept. 24, 2015, 129 Stat. 494, provided that: “This Act [amending section 2302 of this title and enacting provisions set out as notes under section 2302 of this title] may be cited as the ‘E-Warranty Act of 2015’.”

Short Title

Pub. L. 93–637, § 1, Jan. 4, 1975, 88 Stat. 2183, provided: “That this act [enacting this chapter and sections 57a to 57c of this title, amending section 45, 46, 49, 50, 52, 56, and 58 of this title, and enacting provisions set out as notes under section 45, 56, 57a, and 57b of this title] may be cited as the ‘Magnuson-Moss Warranty—Federal Trade Commission Improvement Act’.”

Reference

Citations & Metadata

Citation

15 U.S.C. § 2301

Title 15Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60