Last reviewed: 3 October 2026
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United StatesCan you sue under the Magnuson-Moss Warranty Act, and who pays attorney fees?
The federal Magnuson-Moss Warranty Act lets a consumer who is damaged by a failure to meet a warranty or service contract obligation bring a lawsuit. A court may also award costs and attorneys' fees to a consumer who finally prevails. This page sets out what the statute (15 U.S.C. 2310) and the Federal Trade Commission (FTC) say. It is general information, not legal advice. Whether you have a claim depends on your facts, so ask a lawyer.
The short answer
- The right to sue: section 2310(d)(1) says a consumer "damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief."1
- Attorney fees: if a consumer "finally prevails," a court "may" allow recovery of costs and expenses, including attorneys' fees "based on actual time expended," unless it decides an award "would be inappropriate." The award is not automatic.1
- Where: in a state court, or in a federal district court if the dollar thresholds below are met. The FTC says most Magnuson-Moss lawsuits are brought in state court because of the federal court requirements.12
- Before suing: the person obligated must generally be given "a reasonable opportunity to cure" the failure. A warranty may also require you to use a qualifying informal dispute procedure first.1
What section 2310(d) says
A consumer can sue in "any court of competent jurisdiction in any State or the District of Columbia," or in an appropriate federal district court, subject to the federal limits below.1 If the consumer finally prevails, the court may allow recovery of the costs and expenses "reasonably incurred" in commencing and prosecuting the action, as part of the judgment.1 The FTC's business guide describes the Act as making it easier to sue by making breach of warranty "a violation of federal law, and by allowing consumers to recover court costs and reasonable attorneys' fees."2
The FTC guide is written for businesses. It adds that a business that loses a suit for breach of a written or implied warranty "may have to pay the customer's costs for bringing the suit, including lawyer's fees."2
Federal court thresholds
Section 2310(d)(3) says no claim is cognizable in a federal district court suit under (d)(1)(B) in any of these cases:1
| Rule | What the statute says |
|---|---|
| Small individual claim | The amount in controversy of any individual claim is less than $25.1 |
| Total amount | The amount in controversy is less than $50,000 (exclusive of interests and costs), computed on the basis of all claims to be determined in the suit.1 |
| Class action | The action is brought as a class action and the number of named plaintiffs is less than one hundred.1 |
These thresholds apply to a federal court suit only. Subsection (d)(1)(A) lets a consumer sue in a state court without them. The FTC says major cases involving many consumers can be brought in federal court as class actions.12
Steps the statute puts before a lawsuit
| Condition | What the statute says |
|---|---|
| A chance to fix it | Section 2310(e) says no action "(other than a class action or an action respecting a warranty to which subsection (a)(3) applies)" may be brought under subsection (d) for failure to comply with an obligation under a written or implied warranty or service contract "unless the person obligated under the warranty or service contract is afforded a reasonable opportunity to cure such failure to comply." It sets separate wording for class actions.1 |
| Informal dispute procedure | If a warrantor sets up a procedure that meets the FTC's rules and puts a requirement in the written warranty that the consumer use it first, the consumer may not start a civil action (other than a class action) without doing so (section 2310(a)(3)).1 |
| Who can be sued | Only the warrantor actually making the written affirmation of fact, promise or undertaking is deemed to have created the written warranty, and rights under it may be enforced only against that warrantor (section 2310(f)).1 |
The FTC guide says an informal dispute mechanism that a warranty requires you to use before suing under the Act must follow the FTC's Dispute Resolution Rule (16 C.F.R. Part 703). It lists, among other things, that the mechanism must be available free of charge to consumers and that its decisions are not binding, so that either party is free to take the dispute to court.2 See our guide on the dispute-settlement rule.
What the sources do not say
- Section 2310 as published does not state a deadline for filing. This page does not say what time limits apply. State law may set them. On state law generally, the FTC guide says "state law varies." Ask a lawyer.12
- Neither source says whether a particular product, service contract or claim is covered by the Act. The FTC guide says the Act does not apply to oral warranties or to warranties on services, and covers only written warranties on consumer products. It also says the Act "includes very broad provisions governing service contracts."2
- Neither source says how a court decides the amount of attorneys' fees beyond the statute's words "based on actual time expended" and "reasonably incurred."1
Where this fits our standard
This page explains a legal remedy. It does not assess any provider. Our standard and the Register describe how we check providers, by category, and are not a verdict on any company. See also our guides on the Magnuson-Moss Warranty Act and arbitration clauses.
How to verify this yourself
- Open 15 U.S.C. 2310 (reference 1) and read subsections (a)(3), (d), (e) and (f). Every statutory statement above comes from it.1
- Open the FTC guide (reference 2) and find the headings "Consumer Lawsuits" and "Alternatives to Consumer Lawsuits."2
What this page is not
This is general information, not legal advice. It does not say whether you have a claim, whether a lawsuit is advisable, what it would cost or what a court would award. It does not cover state lemon laws or state consumer protection claims. The FTC guide says it is "a tool for you to use in consultation with your attorney, not as a substitute for your attorney's advice."2
What to do next
If you are in a warranty dispute, ask a lawyer or your state attorney general's office about your facts, and read your warranty for any dispute step and any arbitration clause. The FTC says that if a company does not resolve a problem, you can report it at ReportFraud.ftc.gov.3 Start from the home warranties hub.