Buzz
The Supreme Court is currently reviewing a case to determine if the Consumer Financial Protection Bureau (CFPB) is unconstitutional. (Spoiler: It’s absolutely constitutional.) Even so, with consumer protections being challenged, it’s essential to refresh your understanding of consumer rights—especially since you may have more rights than you realize. Let's focus on what actions you can take when a company refuses to honor their warranty.
Even if there's no written guarantee from the manufacturer to repair or replace your purchase, consumer law still offers implied protections. Here's how to ensure a company stands by its warranty and how to avoid dishonest sellers from the outset.
First, it’s important to understand the various types of warranties
You don’t need to be a lawyer to grasp the basics. If you find yourself dealing with a company that won’t honor a warranty, make sure you understand the type of warranty in question.
An express warranty is a guarantee that is either written or spoken. Written warranties can offer either full or limited coverage.
An implied warranty is an automatic, unwritten protection that comes with most products at the time of purchase.
A lifetime warranty doesn’t mean your personal lifetime, so check the fine print. It may refer to how long the product is supported by the company or available from the manufacturer.
Be cautious of tie-in sales provisions, which may require you to purchase additional products or services from a specific company in order to maintain your warranty coverage.
Beyond warranty coverage, you might also be entitled to claim consequential or incidental damages, which cover additional losses caused by a defective product.
How to proceed when a company refuses to honor its warranty
You know your defective product should be covered by a warranty, but the seller refuses to honor it with a repair, replacement, or refund. The first step is to follow the instructions provided in the warranty for resolving disputes. Most warranty documents include a section on dispute resolution procedures.
If dispute resolution doesn’t work, send a demand letter. This letter should outline your warranty terms, the product issues, and the resolution you expect. If you need to seek third-party repairs, send the receipts to your warranty provider and demand reimbursement.
Still having trouble? File a complaint with the Better Business Bureau, your state attorney general, or the consumer protection office. As a last resort, consider suing for damages. No one wants to go to small-claims court, but a warranty is a legally binding contract. For high-value products, consult with a consumer attorney.
How to prevent this problem before it arises
To avoid the hassle of dealing with an unhonored warranty, consider these tips before making a purchase:
Always get things in writing. If the warranty is provided verbally, follow up with a confirmation email and retain copies of any promises made regarding performance.
Avoid purchasing items sold with “as is” language or similar disclaimers.
Be sure to ask for the warranty details. This is your right as a consumer. If a manufacturer or retailer refuses to provide the warranty information, even after you explain your rights, file a formal complaint or seek another seller.
Keep in mind that you have more consumer rights than you may realize. Unfortunately, some manufacturers will make you fight hard to enforce them.
