Service Contract Sold Separately (batteries not included)

Many consumers purchase cars, household appliances, or electronics subject to a warranty guaranteeing the product’s condition.  The Magnuson Moss Warranty Act (“MMWA”) governs the terms of these warranties.  Consumers seeking additional protection may also purchase an “Extended Warranty” or “Protection Plan” at some additional cost.  Although vendors sell these agreements alongside the product, and although consumers may believe they are purchasing a “warranty,” courts continue to recognize that these agreements are not “warranties” under the MMWA.  While courts agree that separate formation is a key distinguishing factor, vendors may also be able to distinguish Protection Plans on the basis of their substantive terms.

Ware v. Samsung

Most recently, on January 31, 2019, the U.S. District Court for the Northern District of Illinois dismissed claims that Best Buy’s “Geek Squad Protection Plan” (“GSPP”) was a warranty in viol

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Hoverboard Suit Goes Up In Flames

Also contributed by William Schoof* Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace?  In Fox v. Amazon.com, Inc., No. 3:16-cv-03013, 2018 BL 191355 (M.D. Tenn. May 30, 2018), plaintiffs argued exactly that, and the district court answered with aRead the full article →