In the past, consumers that are unhappy with the quality or functioning of products that they bought were very much at the mercy of suppliers and manufacturers. If a problem was not covered by a written warranty, the consumer often had no choice but to accept the situation. This situation has changed, however. There are now laws to protect consumers and there are even specialist lemon law lawyers in California They specialize in representing clients that are unhappy with their purchases.
By passing the Magnuson Moss Law in 1975 the federal government of the United States set a benchmark for consumer protection. This law was quickly followed by additional laws applicable to individual states. The aim of all these laws is to provide consumers with recourse if they buy a faulty or sub standard product. Most laws only cover automobile cases.
When handling complaints, the law recognizes two distinctly different types of warranty. There is a written warranty, called an express warranty. They are normally very limited. But then there is the implied warranty. In terms of this warranty a product should do what the manufacturer says that it will do. A certain standard of quality is expected and the product is assumed to be safe.
While many of the state laws cover only cases involving automobiles, including rentals and leased vehicles, the federal law also covers all mechanical products. In terms of the law the manufacturer can be ordered to either replace the product in question with an identical or better model in perfect working order or they can be ordered to give the complainant a full refund. In addition, if the court finds in favour of the complainant, the manufacturer can be ordered to pay all legal fees.
Consumers are expected to engage with manufacturers before they appeal to the legal system. Written complaints with as much detail as possible must be made and copies of all correspondence must be kept. Complainants are also expected to have copies of the sales agreement and in most cases the original packaging must also be produced. Without these records the chances of succeeding in court are slim.
When a complaint is not solved to the satisfaction of the consumer, he can approach the court. It is best, however, to engage an attorney that specializes in this field. It is difficult for an individual to take on a manufacturer in court without expert assistance. Attorneys are often able to settle the matter out of court because manufacturers would ordinarily rather avoid bad publicity.
When choosing an attorney it is preferable to select someone that specializes in the field of consumer law. Clients should always make sure that they enter into a written agreement with the attorney and that they understand and agree with the terms and conditions. Care should be taken not to enter into a battle that may end up costing more than the product that caused the trouble in the first instance.
Saving for and buying a much anticipated new possession only to find out that it is faulty or that it does not perform as promised can leave a bad taste. That is why the government passed laws to protect consumers. Manufacturers should take full responsibility for their products.
By passing the Magnuson Moss Law in 1975 the federal government of the United States set a benchmark for consumer protection. This law was quickly followed by additional laws applicable to individual states. The aim of all these laws is to provide consumers with recourse if they buy a faulty or sub standard product. Most laws only cover automobile cases.
When handling complaints, the law recognizes two distinctly different types of warranty. There is a written warranty, called an express warranty. They are normally very limited. But then there is the implied warranty. In terms of this warranty a product should do what the manufacturer says that it will do. A certain standard of quality is expected and the product is assumed to be safe.
While many of the state laws cover only cases involving automobiles, including rentals and leased vehicles, the federal law also covers all mechanical products. In terms of the law the manufacturer can be ordered to either replace the product in question with an identical or better model in perfect working order or they can be ordered to give the complainant a full refund. In addition, if the court finds in favour of the complainant, the manufacturer can be ordered to pay all legal fees.
Consumers are expected to engage with manufacturers before they appeal to the legal system. Written complaints with as much detail as possible must be made and copies of all correspondence must be kept. Complainants are also expected to have copies of the sales agreement and in most cases the original packaging must also be produced. Without these records the chances of succeeding in court are slim.
When a complaint is not solved to the satisfaction of the consumer, he can approach the court. It is best, however, to engage an attorney that specializes in this field. It is difficult for an individual to take on a manufacturer in court without expert assistance. Attorneys are often able to settle the matter out of court because manufacturers would ordinarily rather avoid bad publicity.
When choosing an attorney it is preferable to select someone that specializes in the field of consumer law. Clients should always make sure that they enter into a written agreement with the attorney and that they understand and agree with the terms and conditions. Care should be taken not to enter into a battle that may end up costing more than the product that caused the trouble in the first instance.
Saving for and buying a much anticipated new possession only to find out that it is faulty or that it does not perform as promised can leave a bad taste. That is why the government passed laws to protect consumers. Manufacturers should take full responsibility for their products.
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