In order to improve the adequacy of information available to consumers, prevent deception, and improve competition in the marketing of consumer products, any warrantor warranting a consumer product to a consumer by means of a written warranty shall, to the extent required by rules of the Commission, fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty. Such rules may require inclusion in the written warranty of any of the following items among others:
No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer's using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name; except that the prohibition of this subsection may be waived by the Commission if-
The Commission shall identify in the Federal Register, and permit public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefor.
The Commission may by rule devise detailed substantive warranty provisions which warrantors may incorporate by reference in their warranties.
The provisions of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $5.
15 U.S.C. § 2302
AMENDMENTS2015-Subsec. (b)(4). Pub. L. 114-51 added par. (4).
FINDINGS Pub. L. 114-51, §2, Sept. 24, 2015, 129 Stat. 494, provided that: "Congress makes the following findings:"(1) Many manufacturers and consumers prefer to have the option to provide or receive warranty information online. "(2) Modernizing warranty notification rules is necessary to allow the United States to continue to compete globally in manufacturing, trade, and the development of consumer products connected to the Internet. "(3) Allowing an electronic warranty option would expand consumer access to relevant consumer information in an environmentally friendly way, and would provide additional flexibility to manufacturers to meet their labeling and warranty requirements."
REVISION OF RULES Pub. L. 114-51, §3(b), Sept. 24, 2015, 129 Stat. 495, provided that: "(1) IN GENERAL.-Not later than 1 year after the date of the enactment of this Act [Sept. 24, 2015], the Federal Trade Commission shall revise the rules prescribed under such section [meaning section 102(b) of Pub. L. 93-637 which is classified to subsec. (b) of this section] to comply with the requirements of paragraph (4) of such section, as added by subsection (a) of this section [amending this section]."(2) AUTHORITY TO WAIVE REQUIREMENT FOR ORAL PRESENTATION.-In revising rules under paragraph (1), the Federal Trade Commission may waive the requirement of section 109(a) of such Act () to give interested persons an opportunity for oral presentation if the Commission determines that giving interested persons such opportunity would interfere with the ability of the Commission to revise rules under paragraph (1) in a timely manner."