NCJ Number
57895
Journal
UCLA Law Review Volume: 26 Issue: 3 Dated: (FEBRUARY 1979) Pages: 583-681
Date Published
1979
Length
100 pages
Annotation
AN ANALYSIS OF FEDERAL AND STATE CONSUMER WARRANTY LAWS IN CALIFORNIA, INCLUDING RECOMMENDATIONS FOR ENHANCING THE EFFECTIVENESS OF THE LAWS AS INSTRUMENTS OF CONSUMER PROTECTION, IS PRESENTED.
Abstract
THE ANALYSIS OPENS WITH A REVIEW OF THE SOURCES OF CONSUMER FRUSTRATIONS (E.G., THE 'LEGAL FICTION' OF FREEDOM OF CONTRACT IN CONSUMER TRANSACTIONS), AND CAN OUTLINE OF GENERIC APPROACHES TAKEN BY CONSUMER WARRANTY LAWS (SUBSTANTIVE REGULATION OF WARRANTY TERMS, DISCLOSURE REQUIREMENTS, STRENGTHENED CONSUMER REMEDIES). THE SCOPE, PROVISIONS, AND INTERACTIONS OF THE THREE STATUTES GOVERNING CONSUMER WARRANTY LAW IN CALIFORNIA--THE CALIFORNIA COMMERCIAL CODE, THE SONG-BEVERLY CONSUMER WARRANTY ACT (ALSO A CALIFORNIA LAW), AND THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENT ACT--ARE ANALYZED, WITH A VIEW TO (1) RESOLVING THE AMBIGUITIES OF THE LAWS IN LIGHT OF LEGISLATIVE INTENT AND (2) EVALUATING THE EFFECTIVENESS OF THE LAWS IN PROTECTING CONSUMERS. IT IS POINTED OUT THAT IMPROVING THE LAW OF CONSUMER WARRANTIES MAY NOT IMPROVE THE LOT OF CONSUMERS. CONSUMER RIGHTS MAY BE SO MUCH A FUNCTION OF THE LAWS OF THE MARKETPLACE THAT CONSUMER PROTECTION STATUTES, WHICH ENDEAVOR TO CHANGE LEGAL RELATIONSHIPS WITHOUT ALSO CHANGING THEIR ECONOMIC ROOTS, ARE BOUND TO FAIL. HOWEVER, IT IS CONCLUDED THAT IT WOULD BE PREMATURE TO WRITE OFF CONSUMER PROTECTION STATUTES AS FAILURES, AND RECOMMENDATIONS ARE PRESENTED FOR FASHIONING CALIFORNIA AND FEDERAL CONSUMER WARRANTY LAW INTO AN EFFECTIVE CONSUMER PROTECTION INSTRUMENT. THE RECOMMENDATIONS CALL FOR STEPPED-UP ENFORCEMENT BY GOVERNMENT AGENCIES, AND FOR AN EXTENSIVE CAMPAIGN TO EDUCATE CONSUMERS ABOUT THEIR WARRANTY RIGHTS. (LKM)