November 17, 2016

Company refusing to honor lifetime warranty

Dear Consumer Ed:

I have a doggy door that originally came with a lifetime replacement warranty.  I have the original paperwork and receipt that state this.  When I contacted the company to have my broken product replaced they told me they only warranty their products for one year and they won’t honor any old warranties.  Is this legal?  

Consumer Ed says: 

Probably not. A warrantor must adhere to the language of a warranty provided, and any disclaimers must be made clearly and conspicuously.   

A written warranty cannot be deceptive or misleading.  According to Federal Trade Commission regulations, a warranty must disclose, among other things, what the warrantor will do if the product has a defect, malfunction or fails to comply with the warranty; the duration of the warranty; and any limitations on relief. The language must be written “clearly and conspicuously.” If the warranty says “lifetime” without specifying any restrictions or exceptions, but the warrantor had not intended to guarantee the product for that duration, it would violate these regulations.  The same applies for the “replacement” remedy that the warrantor guaranteed. 

If you cannot reach a resolution with the company, you may want to consider taking the matter to magistrate court (also known as “small claims court”), which handles claims of less than $15,000.

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