Monthly Archives: April 2013

Quick Guide on How to Defeat A Warranty Class Action

Don’t overlook fundamental legal principles when formulating your response in complex class action litigaiton. A federal judge in Minnesota recently applied three seemingly simple and straight forward legal principles – or perhaps better described as common sense propositions – to dismiss a class action brought against Ford Motor Co. In sending the claimants on their way, the judge found that an express warranty should be construed and applied as written; that a plaintiff must act within the time limits placed on, and satisfy the statutory requirements associated with implied warranty claims, and that where a defendant receives no benefit, there can be no unjust enrichment.  Continue reading

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Filed under Court Decisions, Warranty

16 States Now Levy Significant Civil Penalties For Non-Compliance with Service Contract Acts

Thirty-three states have now enacted statutes regulating service contract providers (i.e., those persons or entities obligated pay claims under a service contracts or extended warranties). Sixteen of these 33 states have specifically provided civil penalties for a failure to comply with their respective service contract acts. A service contract provider can be fined even if the violation of the service contract act is not willful; a violation can be as innocent as failing to include proper disclosures and notices in the service contract or extended warranty. Continue reading

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Filed under Service Contract, Statutes & Regulations