Recall, technical service bulletin or warranty repair: three different things under federal law

Owners often hear these three terms used as if they meant the same thing. They come from different places in federal law. A safety recall carries a legal duty to remedy the problem without charge. A bulletin is a manufacturer communication that the federal regulation says must be filed with the regulator. A warranty repair depends on the terms of the manufacturer's written promise. This page sets out what the statute and regulations say about each.

The short answer

Recall: when notification of a safety-related defect or a safety-standard noncompliance is required, the manufacturer "shall remedy the defect or noncompliance without charge when the vehicle or equipment is presented for remedy," by repair, replacement or refund less a reasonable allowance for depreciation.¹
A cutoff: the free-remedy requirement does not apply if the first purchaser bought the vehicle more than 15 calendar years (5 for a tire) before the notice under 30118(c) or the order under 30118(b), whichever is earlier.¹
Bulletin: a federal regulation requires manufacturers to send NHTSA copies of "notices, bulletins, and other communications" sent to more than one dealer, owner or other recipient about any defect, "whether or not such defect is safety-related." It is a filing duty.⁴
Warranty repair: the regulation defines a warranty as a written promise by a manufacturer to a buyer or lessee about material or workmanship, for NHTSA's reporting rules. What a particular warranty actually covers depends on the written warranty, the Magnuson-Moss Warranty Act and state law.⁵

What starts a recall

Under 49 U.S.C. 30118(c), a manufacturer must notify the Secretary of Transportation, and owners, purchasers and dealers, if it learns a vehicle or equipment contains a defect and decides in good faith that the defect is related to motor vehicle safety, or decides in good faith that the vehicle or equipment does not comply with an applicable safety standard. The Secretary can also order a manufacturer to give notice and remedy after a proceeding.²

The notice must contain a clear description of the defect or noncompliance, an evaluation of the risk to motor vehicle safety, the measures to obtain a remedy, a statement that the manufacturer will remedy it without charge, the earliest date it will be remedied without charge, and the procedure the recipient is to follow to tell the Secretary when a manufacturer, distributor or dealer does not remedy it without charge. For vehicles, it goes to each registered owner whose name and address are reasonably ascertainable, or otherwise to the most recent purchaser known to the manufacturer.³

What the recall remedy includes

Section 30120 sets the remedy. The manufacturer chooses among repairing the vehicle, replacing it with an identical or reasonably equivalent vehicle, or refunding the purchase price less a reasonable allowance for depreciation. If it decides to repair and the repair is not done adequately within a reasonable time, it must replace the vehicle or refund the price, and failure to repair adequately within 60 days of presentation is prima facie evidence of failure to repair within a reasonable time.¹

Each manufacturer's remedy program must include a plan for reimbursing an owner who paid for the remedy within a reasonable time before the manufacturer's notification.¹ The free-remedy requirement does not apply if the vehicle was bought by the first purchaser more than 15 calendar years, or a tire more than 5 calendar years, before the notice under section 30118(c) or the order under section 30118(b), whichever is earlier.¹

What the federal text says about bulletins and campaigns

Section 579.5 of 49 CFR requires each manufacturer to furnish NHTSA a copy of all notices, bulletins and other communications, including warranty and policy extension communiqués and product improvement bulletins, that it sends to more than one manufacturer, distributor, dealer, lessor, lessee, owner or purchaser in the United States about any defect in its vehicles or equipment, whether or not the defect is safety-related. It must also furnish a copy of each communication relating to a customer satisfaction campaign, consumer advisory, recall or other safety activity involving the repair or replacement of motor vehicles or equipment that it issued to more than one dealer, distributor, lessor, lessee, other manufacturer, owner or purchaser. Copies are due within five working days after the end of the month in which they were issued.⁴

The regulation defines that last category as any communication by a manufacturer to, or made available to, more than one dealer, distributor, lessor, lessee, other manufacturer or owner relating to repair, replacement or modification of a vehicle or component, or how a vehicle is to be maintained or operated, excluding promotional and marketing materials, customer satisfaction surveys, and operating instructions or owner's manuals that accompany the vehicle at first sale.⁵ The regulations do not define the term "technical service bulletin"; 579.5(a) lists "bulletins" among the communications to be filed, and 579.4 defines the campaign and advisory category above. Section 579.5 does not say that a bulletin entitles an owner to a repair at no charge. It is a rule about what the manufacturer must send to the regulator.

What a warranty repair depends on

The same regulation defines "warranty" as a written affirmation of fact or written promise, made in connection with the sale or lease of a motor vehicle or equipment by a manufacturer to a buyer or lessee, that relates to the nature of the material or workmanship and affirms or promises that it is defect free or will meet a specified level of performance over a specified period, or any written undertaking by the manufacturer to refund, repair, replace or take other remedial action if the product fails to meet the stated specifications.⁵ It defines a "warranty claim" as a claim paid by a manufacturer, including provision of a credit, under a warranty program, an extended warranty program or goodwill.⁵ These definitions are written for the manufacturer's reporting to NHTSA. What a particular warranty actually covers depends on the written warranty itself, the Magnuson-Moss Warranty Act and state law. Our guide on repairs after the warranty expires covers goodwill in California.

The three side by side

How the three differ in the federal text
	Safety recall	Bulletin or campaign communication	Warranty repair
Where it comes from	49 U.S.C. 30118 to 30120.¹ ² ³	49 CFR 579.5 and 579.4.⁴ ⁵	The manufacturer's written promise, as defined in 49 CFR 579.4.⁵
What triggers it	A defect the manufacturer decides is safety-related, or a safety-standard noncompliance, or a Secretary's order.²	Any manufacturer communication to more than one recipient about a defect, safety-related or not.⁴	The terms of the promise.⁵
Who pays	The statute says the remedy is without charge when presented.¹	The regulation does not address who pays for a repair; it sets a filing duty.⁴	Set by the promise's terms.⁵
A time limit in the federal text	The free-remedy requirement does not apply to vehicles first bought more than 15 calendar years (tires: 5) before the notice or order, whichever is earlier.¹	None stated in § 579.5.⁴	The specified period in the promise.⁵

How this connects to a service contract

A vehicle service contract is a separate agreement with its own terms; the FTC says an auto service contract "is not a warranty as defined by federal law, because you buy it separately."⁶ Our guide on the recall vs. a known-defect exclusion covers whether a contract covers a recalled part or a known issue, and our guide on extended vs. manufacturer warranties explains the legal difference.

Where this fits in our standard

Point 1 of our standard asks whether a contract's terms and exclusions are available in plain language before purchase. Knowing which obligation comes from the law (a recall remedy) and which from a contract or promise (a warranty or service contract) helps a reader read those terms. The Register describes how we apply the standard. This page describes federal law, not any manufacturer or provider.

How to verify this yourself

Read 49 U.S.C. 30118, 30119 and 30120 (references 1 to 3). The statutes are on the Government Publishing Office's GovInfo site in the United States Code.
Read 49 CFR 579.4 and 579.5 on the eCFR (references 4 and 5).
If you receive a recall notice, check it against section 30119: it must state that the manufacturer will remedy the defect without charge and describe how to tell the Secretary if a remedy is refused.³
For the FTC's explanation of warranties and service contracts, see Magnuson-Moss Warranty Act explained.

What this page is not

This is general information about federal statutes and regulations, not legal advice. It does not say whether any vehicle has an open recall, whether a particular bulletin applies to your vehicle, or whether a manufacturer must pay for a given repair. State law, including lemon laws, may also apply. Confirm the current text before relying on it.

What to do next

If you are comparing a contract's exclusions, read how to read a vehicle service contract's exclusions, or return to the vehicle warranty hub.