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Questions Related to Consumer Product by Meghan Jones
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Questions Related to Consumer Product |
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Law
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Confusion about what are consumer products is common. Consumer products are any goods that are manufactured and sold for household, school or recreational use or anything that is purchased for private use, consumption or enjoyment in a home, school or recreational application. Consumer protection law is a complex issue that covers consumer products. Below are some common questions on consumer protection law and consumer products. What will the effect of HR4040 consumer product protection be on a small children’s clothing and footwear company that sells directly to the consumer? The cost of complying with this law may be economically unviable for the company. HR4040 is an addition to the Consumer Product Safety Act. The law relates specifically to toys so its provisions will not affect children’s clothing and footwear as long as they are not used as toys. This includes the need for product safety to be tested by third party laboratories. It would be advisable to contact an attorney to obtain specific advice on your responsibilities and liabilities in regard to HR4040. The American Apparel and Footwear Association should also be able to provide you with information about your responsibilities under HR4040. What are the options open to a consumer living in Alabama who purchased a recreational vehicle (RV) that has suffered from water leakage problems since it was new? The dealer was asked to replace it but refused. When threatened with legal action, the dealer advised that in that case the warranty would be voided. What are the options open to the consumer? Consumers in Alabama are not protected from defective recreational vehicles in the state’s Lemon Law. However, the federal Magnuson-Moss Warranty Act does cover the situation. This is a federal statute enacted in 1975 and covers warranties on consumer products including RVs. The Alabama Lemon Law for cars provides for arbitration and mediation as a means to resolve warranty disputes. In this case, the consumer may have to sue the manufacturer. Action should be initiated quickly and an attorney who is familiar with the state Lemon Law and other consumer protection laws should be appointed. If the RV has been in for repair for the same defect more than three times, the case becomes stronger. If the consumer wins the case, the manufacturer will also be required to pay the attorney fees. It is important to present a well-organized case and provide service and other receipts that show that the problem has been a repeated one. Documentary proof of the period when the consumer was unable to use the RV because it was in the shop will also be useful. With a well-documented case, the chances of success are higher. As for the threats made by the dealer / manufacturer, this may be taken to be a form of extortion and duress and the consumer could consider hiring an attorney to file a lawsuit on this. A consumer bought a freezer that is still under warranty which does not work properly. Although the repair company has said that the unit cannot be repaired, the manufacturer refuses to replace it and has told the consumer to live with the freezer in the condition it is in. What action can the consumer take? The course of action would be for the consumer to initiate legal action against the manufacturer in the small claims court for breach of contract and violation of the Magnuson-Moss Warranty Act (MMWA). The MMWA is the federal law that governs warranties on consumer products. The manufacturer should be sued for the cost of the freezer. Documents such as repairman’s statements and service receipts that show that the defect is irreparable along with documents relating to other repairs will strengthen the case. When faced with warranty disputes or defective consumer products where satisfactory repairs are not done, it is best to ask a consumer protection lawyer to help you begin corrective action.
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consumer products, what are consumer products, consumer products review,
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