Magnuson-Moss Warranty Act Complaint — Ohio

UNITED STATES DISTRICT COURT

☐ NORTHERN ☐ SOUTHERN DISTRICT OF OHIO

☐ [________________] DIVISION

(or, if filed in state court:)

IN THE COURT OF COMMON PLEAS

[________________] COUNTY, OHIO

[________________________________]
Plaintiff,

v.

[________________________________]
Defendant(s).

Case No.: [________________]
Judge: [________________]

COMPLAINT FOR VIOLATIONS OF THE MAGNUSON-MOSS WARRANTY ACT AND OHIO CONSUMER PROTECTION LAWS

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 is an action for damages, equitable relief, and attorney's fees arising from Defendant's breach of warranty obligations under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., and Ohio state law, including the Ohio Consumer Sales Practices Act, ORC § 1345.01 et seq., and Ohio's Uniform Commercial Code warranty provisions, ORC §§ 1302.27-1302.28.

II. JURISDICTION AND VENUE

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

☐ Federal Court:

• 15 U.S.C. § 2310(d)(1)(B) (amount in controversy exceeds $50,000);
• 28 U.S.C. § 1331 (federal question);
• 28 U.S.C. § 1367 (supplemental jurisdiction over state-law claims);

☐ Ohio Court of Common Pleas:

• ORC § 2305.01 (general jurisdiction);
• 15 U.S.C. § 2310(d)(3) (MMWA state-court jurisdiction; amount in controversy below $50,000).

3. Venue is proper because:
   ☐ Defendant resides or transacts business in this district/county;
   ☐ A substantial part of the events occurred in this district/county;
   ☐ The consumer transaction took place in this county (ORC § 1345.09(A)).

III. PARTIES

Plaintiff

4. Plaintiff [________________________________] is a natural person residing at [________________________________], [________________], Ohio [________________], and a "consumer" as defined by 15 U.S.C. § 2301(3) and ORC § 1345.01(D).

Defendant

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

6. Defendant is a:
   ☐ "Warrantor" as defined by 15 U.S.C. § 2301(5);
   ☐ "Supplier" as defined by 15 U.S.C. § 2301(4) and ORC § 1345.01(C).

IV. FACTUAL ALLEGATIONS

The Product and Purchase

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

8. The Product is a "consumer product" under 15 U.S.C. § 2301(1) and was the subject of a "consumer transaction" under ORC § 1345.01(A).

The Warranty

9. Defendant provided a:
   ☐ Written warranty (☐ "Full" per 15 U.S.C. § 2303(a) / ☐ "Limited" per § 2303(b))
   ☐ Implied warranty of merchantability (ORC § 1302.27)
   ☐ Implied warranty of fitness for a particular purpose (ORC § 1302.28)
   ☐ Service contract

10. Under the warranty, Defendant agreed to: [________________________________].

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

The Defect and Breach

12. On or about [__/__/____], the Product developed the following defect(s): [________________________________].

13. Plaintiff timely notified Defendant and requested warranty performance on [__/__/____].

14. Defendant:
    ☐ Refused to honor the warranty;
    ☐ Failed to repair after [____] reasonable attempts;
    ☐ Failed to replace or refund;
    ☐ Imposed conditions not disclosed in the warranty;
    ☐ Disclaimed or modified implied warranties in violation of 15 U.S.C. § 2308(a);
    ☐ Other: [________________________________].

Exhaustion of Informal Dispute Resolution

15. ☐ Defendant does not maintain a qualifying informal dispute settlement mechanism under 16 C.F.R. Part 703 or ORC § 1345.77.
    ☐ Plaintiff exhausted the informal dispute process, concluding on [__/__/____], with the result: [________________________________].

Ohio Consumer Sales Practices Act Violations

16. In addition to breaching warranty obligations, Defendant engaged in unfair or deceptive acts or practices in connection with the consumer transaction, in violation of ORC § 1345.02, including:

☐ Representing that the Product had characteristics, benefits, or qualities it did not have;
☐ Representing that the Product was of a particular quality or grade when it was not;
☐ Failing to disclose known defects;
☐ Other: [________________________________].

17. ☐ The Ohio Attorney General has previously obtained a consent judgment, injunction, or determination of violation against Defendant or similar suppliers for the same or similar conduct, establishing a per se violation under ORC § 1345.09(B).

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).

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

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

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

COUNT II — Breach of Implied Warranty (15 U.S.C. § 2310(d)(1); ORC §§ 1302.27, 1302.28)

23. Plaintiff incorporates all preceding paragraphs by reference.

24. An implied warranty of ☐ merchantability ☐ fitness for a particular purpose attached to the Product under Ohio law.

25. Defendant may not disclaim or modify the implied warranty because a written warranty was given. 15 U.S.C. § 2308(a).

26. The Product was not merchantable and/or was not fit for the particular purpose because: [________________________________].

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

COUNT III — Violation of Ohio Consumer Sales Practices Act (ORC § 1345.02)

28. Plaintiff incorporates all preceding paragraphs by reference.

29. The transaction was a "consumer transaction" under ORC § 1345.01(A).

30. Defendant committed unfair or deceptive acts or practices in violation of ORC § 1345.02 as described in paragraph 16 above.

31. Pursuant to ORC § 1345.09(A), Plaintiff may rescind the transaction or recover actual economic damages.

32. Pursuant to ORC § 1345.09(B), where the violation was an act or practice previously determined to be deceptive, Plaintiff may recover up to three times actual damages or $200, whichever is greater, plus noneconomic damages up to $5,000.

COUNT IV — Breach of Express Warranty (ORC § 1302.26)

33. Plaintiff incorporates all preceding paragraphs by reference.

34. Defendant made express warranties regarding the Product through ☐ affirmations of fact ☐ descriptions ☐ samples or models, creating an express warranty under ORC § 1302.26.

35. The Product failed to conform to those warranties.

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

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendant as follows:

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

☐ B. Rescission of the consumer transaction under ORC § 1345.09(A);

☐ C. Treble damages under ORC § 1345.09(B) where applicable;

☐ D. Noneconomic damages up to $5,000 under ORC § 1345.09(B);

☐ E. Replacement of the Product or full refund under 15 U.S.C. § 2304(a)(4);

☐ F. Reasonable attorney's fees and costs under 15 U.S.C. § 2310(d)(2) and ORC § 1345.09(F);

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

☐ H. Equitable relief, including injunctive relief;

☐ I. Such other 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]
Ohio Supreme Court Registration No. [________________]

________________________________
[Firm Name]

________________________________
[Address]

________________________________
[City, State, ZIP]

________________________________
[Telephone]

________________________________
[Email]

Attorney for Plaintiff

VERIFICATION

STATE OF OHIO
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, State of Ohio

My Commission Expires: [__/__/____]

PRACTITIONER CHECKLIST

☐ Confirm "consumer product" status (15 U.S.C. § 2301(1)) and "consumer transaction" (ORC § 1345.01(A))
☐ Determine warranty type: full vs. limited (15 U.S.C. § 2303)
☐ Verify amount in controversy for jurisdictional purposes (federal: $50,000+; state: no minimum)
☐ Search for prior AG enforcement actions against defendant for per se CSPA violation (ORC § 1345.09(B))
☐ Check for 16 C.F.R. Part 703 / ORC § 1345.77 informal dispute resolution mechanism
☐ Preserve warranty documents, receipts, repair invoices, and all correspondence
☐ Ohio UCC statute of limitations: 4 years from tender of delivery (ORC § 1302.98)
☐ MMWA has no express SOL — Ohio courts borrow the 4-year UCC period
☐ CSPA statute of limitations: 2 years from discovery (ORC § 1345.10)
☐ File civil cover sheet; pay filing fee
☐ Serve defendant per Ohio Civ. R. 4 et seq. or Fed. R. Civ. P. 4

SOURCES AND REFERENCES

• 15 U.S.C. § 2301 et seq. — Magnuson-Moss Warranty Act
• 16 C.F.R. Parts 700-703 — FTC Warranty Rules
• ORC § 1302.26-.28 — Ohio UCC Warranty Provisions
• ORC § 1345.01-.13 — Ohio Consumer Sales Practices Act
• ORC § 1345.75-.77 — Ohio Warranty Enforcement
• Rickard v. Teynor's Homes, Inc., 279 F. Supp. 2d 910 (N.D. Ohio 2003) (MMWA/Ohio warranty claims)

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