Magnuson-Moss Warranty Act Complaint

UNITED STATES DISTRICT COURT

[________________] DISTRICT OF [________________]

[________________________________]
Plaintiff,

v.

[________________________________]
Defendant(s).

Case No.: [________________]

COMPLAINT FOR VIOLATIONS OF THE MAGNUSON-MOSS WARRANTY ACT

15 U.S.C. § 2301 et seq.

JURY TRIAL DEMANDED

TABLE OF CONTENTS

1. Introduction
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Causes of Action
6. Prayer for Relief
7. Jury Demand
8. Verification

I. INTRODUCTION

1. This action is brought pursuant to the Magnuson-Moss Warranty Act ("MMWA"), 15 U.S.C. § 2301 et seq., for Defendant's failure to comply with obligations under a ☐ written warranty ☐ implied warranty ☐ service contract covering a consumer product.

2. Plaintiff seeks damages, attorney's fees, costs, and equitable relief as provided by 15 U.S.C. § 2310(d).

II. JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction pursuant to:

☐ 15 U.S.C. § 2310(d)(1)(B) (amount in controversy exceeds $50,000, exclusive of interest and costs);

☐ 28 U.S.C. § 1331 (federal question);

☐ 28 U.S.C. § 1332 (diversity of citizenship; amount in controversy exceeds $75,000);

☐ State court of general jurisdiction (amount in controversy does not meet the $50,000 federal threshold under 15 U.S.C. § 2310(d)(3)).

4. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b) because:

☐ Defendant resides in this district;
☐ A substantial part of the events giving rise to the claim occurred in this district;
☐ Defendant transacts business in this district.

III. PARTIES

Plaintiff

5. Plaintiff [________________________________] is a natural person and a "consumer" as defined by 15 U.S.C. § 2301(3), residing at [________________________________], [________________], [________________] [________________].

Defendant — Warrantor / Supplier

6. Defendant [________________________________] is a ☐ corporation ☐ LLC ☐ other: [________________], organized under the laws of the State of [________________], with its principal place of business at [________________________________].

7. Defendant is a ☐ "warrantor" as defined by 15 U.S.C. § 2301(5) ☐ "supplier" as defined by 15 U.S.C. § 2301(4).

IV. FACTUAL ALLEGATIONS

The Consumer Product

8. On or about [__/__/____], Plaintiff purchased or acquired a [________________________________] (the "Product"), ☐ new ☐ used, from [________________________________] for approximately $[________________].

9. The Product is a "consumer product" as defined by 15 U.S.C. § 2301(1) — tangible personal property normally used for personal, family, or household purposes.

The Warranty

10. Defendant provided a ☐ written warranty ☐ implied warranty ☐ service contract covering the Product.

11. The warranty was designated as a:
    ☐ "Full" warranty within the meaning of 15 U.S.C. § 2303;
    ☐ "Limited" warranty within the meaning of 15 U.S.C. § 2303.

12. Under the terms of the warranty, Defendant agreed to: [________________________________].

13. The warranty period was [________________], commencing on [__/__/____].

The Defect and Breach

14. On or about [__/__/____], the Product exhibited the following defect(s) or malfunction(s): [________________________________].

15. On or about [__/__/____], Plaintiff notified Defendant of the defect and requested warranty service.

16. Defendant responded by:
    ☐ Refusing to honor the warranty;
    ☐ Failing to repair the Product after a reasonable number of attempts ([____] attempts);
    ☐ Failing to replace the Product;
    ☐ Failing to refund the purchase price;
    ☐ Imposing conditions not stated in the warranty;
    ☐ Other: [________________________________].

Exhaustion of Informal Dispute Resolution (if applicable)

17. ☐ Defendant does not maintain a qualifying informal dispute settlement mechanism under 16 C.F.R. Part 703.
    ☐ Plaintiff has exhausted the informal dispute resolution process established by Defendant, concluding on [__/__/____], with the following result: [________________________________].

V. CAUSES OF ACTION

COUNT I — Breach of Written Warranty (15 U.S.C. § 2310(d)(1))

18. Plaintiff incorporates all preceding paragraphs by reference.

19. Defendant issued a written warranty as defined by 15 U.S.C. § 2301(6) covering the Product.

20. The Product failed to conform to the written warranty.

21. Defendant failed to remedy the nonconformity within a reasonable time after notice.

22. Defendant's failure constitutes a violation of 15 U.S.C. § 2304 (full warranty standards) and/or the express terms of the written warranty.

23. As a direct and proximate result, Plaintiff has been damaged.

COUNT II — Breach of Implied Warranty (15 U.S.C. § 2310(d)(1))

24. Plaintiff incorporates all preceding paragraphs by reference.

25. By operation of state law, an implied warranty of merchantability and/or fitness for a particular purpose accompanied the sale of the Product.

26. Under 15 U.S.C. § 2308(a), a supplier may not disclaim or modify implied warranties where a written warranty is given.

27. The Product was not merchantable and/or was not fit for the particular purpose for which it was sold because: [________________________________].

28. Plaintiff has been damaged as a direct and proximate result.

COUNT III — Violation of State Consumer Protection Act (Supplemental)

29. Plaintiff incorporates all preceding paragraphs by reference.

30. Defendant's conduct also violates [________________] (cite applicable state consumer protection statute, e.g., state UDAP or Lemon Law).

31. Plaintiff is entitled to remedies under state law, including but not limited to treble damages, civil penalties, and attorney's fees as provided therein.

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendant as follows:

☐ A. Actual damages in an amount to be determined at trial;

☐ B. Consequential and incidental damages;

☐ C. Equitable relief, including specific performance of the warranty or rescission of the transaction;

☐ D. Replacement of the Product or refund of the full purchase price, at Plaintiff's election, pursuant to 15 U.S.C. § 2304(a)(4);

☐ E. Reasonable attorney's fees and costs pursuant to 15 U.S.C. § 2310(d)(2);

☐ F. Damages under applicable state law, including statutory, treble, or punitive damages;

☐ G. Pre-judgment and post-judgment interest;

☐ H. Such other and further relief as this Court deems just and proper.

VII. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

Dated: [__/__/____]

Respectfully submitted,

________________________________
[Attorney Name / Pro Se Plaintiff]

________________________________
[Bar Number]

________________________________
[Firm Name]

________________________________
[Address]

________________________________
[City, State, ZIP]

________________________________
[Telephone]

________________________________
[Email]

Attorney for Plaintiff

VERIFICATION

STATE OF [________________]
COUNTY OF [________________]

I, [________________________________], being duly sworn, state that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

________________________________
Plaintiff Signature

Subscribed and sworn to before me this [____] day of [________________], 20[____].

________________________________
Notary Public

My Commission Expires: [__/__/____]

PRACTITIONER CHECKLIST

☐ Confirm the product qualifies as a "consumer product" under 15 U.S.C. § 2301(1)
☐ Determine warranty type: full (§ 2303(a)) vs. limited (§ 2303(b))
☐ Verify the amount in controversy satisfies jurisdictional thresholds (federal: $50,000+; state: no minimum)
☐ Check for a 16 C.F.R. Part 703 informal dispute mechanism and exhaust if required
☐ Preserve all warranty documents, purchase receipts, repair records, and correspondence
☐ Plead parallel state-law claims (UCC implied warranty, state consumer protection act)
☐ MMWA has no express statute of limitations — courts typically borrow the forum state's UCC limitations period (usually 4 years)
☐ Attorney's fees are available to a prevailing consumer: 15 U.S.C. § 2310(d)(2)
☐ Civil cover sheet and filing fee prepared
☐ Summons prepared for each defendant

SOURCES AND REFERENCES

• 15 U.S.C. § 2301 et seq. — Magnuson-Moss Warranty Act
• 16 C.F.R. Parts 700-703 — FTC Warranty Rules and Interpretations
• Voelker v. Porsche Cars N. Am., Inc., 353 F.3d 1272 (11th Cir. 2003) (attorney's fees standard)
• Schimmer v. Jaguar Cars, Inc., 384 F.3d 402 (7th Cir. 2004) (amount in controversy)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed attorney before filing.