FTC Warning Letters Flag Warranty Practices That May Violate Consumers’ Right to Repair

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  • The FTC sent warning letters to eight companies informing them that their warranty practices may violate the Magnuson-Moss Warranty Act (MMWA) by allegedly restricting consumers’ ability to repair their products.
  • The letters to five of the companies highlighted the FTC’s concerns about statements requiring consumers to use specific parts or service providers to maintain their warranties, emphasizing that such statements are generally prohibited by the MMWA unless the parts or services are provided for free or a waiver is obtained from the FTC, and these statements may also be deceptive under the FTC Act.
  • In addition, letters sent to three other companies that market and sell gaming PCs, graphics chips, motherboards, and other accessories warned against the use of “warranty void if removed” stickers, claiming they interfere with consumers’ ability to perform routine maintenance and repairs on the products.
  • The letters urged the companies to review their promotional and warranty materials to ensure they do not state or imply that warranty coverage is conditioned on the use of specific parts or services. The FTC staff will review the companies’ websites after 30 days, warning that failure to correct any potential violations may result in law enforcement action.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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