Ill. Pattern Jury Instr. (Civil) 185.00

ACT INTRODUCTION

The Magnuson-Moss Act was enacted in 1975 “to improve the adequacy of information

available to consumers, prevent deception and improve competition” with respect to consumer

products issued with written warranties. 15 U.S.C. § 2302 (a) (1994). The Act was designed to

protect consumers from deceptive warranty practices by establishing standards for the form and

content of written warranties. Lysek v. Elmhurst Dodge, Inc., 325 I ll. App. 3d 536, 259 I ll. Dec.

454 (2001).

The Act applies to consumer pro ducts, which are tan gible items of personal proper ty

“normally used for personal, family or household purposes.” 15 U.S.C. § 2301 (1) (1975). The

Act does not require that manufacturers give a warranty; however, if a written warranty is given,

the Act “imposes certain require ments as to its contents, disclosures, and the effect of extending

a written wa rranty.” Szajna v. Gen. Motors Corp., 115 I ll. 2d 294, 312, 503 N.E.2d 760, 768

(1986). Written warranties must be designated as either “full” or “limited.” 15 U.S.C. § 2304

(1976). “A warrantor giving a ‘full’ written warranty may not impose any limitations on the

duration of an implied warranty and may not exclude or limit consequential damages for breach

of a written or implied warranty.” Szajna, 115 Ill. 2d at 312-13 (citing 15 U.S.C. § 2304 (1976)).

Within a reasonable amount of time, a full written warranty must offer a remedy of repai r,

replacement or refund, at t he option of the warrantor, for any defect, malfunction or failure to

comply with the written warranty, without charge to the consumer. 15 U.S.C. § 2304 (a) (1); 15

U.S.C. § 2301 (10-12 ). Onl y a supplier giving a limited written warranty may disclaim or modify

an implied warranty; and, the only modificat ion allowed is that the duration of the implied

warranty may be limited to the duration of the written warranty “if such limitation is

conscionable and is clearly set forth.” Szajna, 115 Ill. 2d at 313 (citing 15 U.S.C. § 2308 (1976)).

Introduction approved January 2007.

185.01. Statutory Provisions

At the time of the [sale] [lease] [service contract] of the [vehicle] [product] there was in

force a federal statute known as the Magnuson-Moss Warranty Act. That Act provided that a

consumer who is damaged by the failure of a [manufa cturer] [seller] [suppl ier] [service

contractor] [warrantor] to comply with a [wri tten] [and/or] [implied] warranty may bring suit for

[damages], [refund], [repair], or [replacement].

Instruction and Comment approved January 2007.