Consumer Electronics Lemon Law

Consumer Electronics Lemon Law

Consumer Electronics Lemon Law

There’s nothing more frustrating than buying an exciting new electronics product and then finding out it doesn’t work as advertised. Fortunately, California has a robust Consumer Electronics Lemon Law. It gives the buyer a realistic chance to fight back against a manufacturer the produces a defective product or a retailer that sells one.

What is the California Song-Beverly Consumer Warranty Act?

This Act is California’s Consumer Electronics Lemon Law. It provides protections to buyers of consumer goods. Under the law, these consumer goods include electronics, such as a television, phone, computer equipment, “or other kind of electronic product”.

What Protections Does the Consumer Electronics Lemon Law Provide?

The law encompasses two major protections for the consumer: implied warranties and recognition of express warranties.

Implied Warranty of Merchantability

The Consumer Electronics Lemon Law provides that electronic products sold have an implied warranty of merchantability. This means that these products meet the ordinary purpose for which they are used. Furthermore, they are safe to use and substantially free of defects.

This implied warranty is good for the duration of any express warranty provided. However, it does not last less than 60 days or more than one year. If no express warranty accompanies the product, then this implied warranty lasts for one year.

Implied Warranty of Fitness for a Particular Purpose

This implied warranty means that the electronics product will be fit for a particular purpose if the manufacturer has reason to know that:
  • The consumer needs the product for a particular purpose; and
  • The consumer has relied on the seller to provide a suitable product.
The duration of this implied warranty is the same as that for the implied warranty of merchantability.

Express Warranty

The Consumer Electronics Lemon Law does allow the manufacturer to provide an express warranty, which may limit, modify, or eliminate the implied warranties. However, the manufacturer must comply with strict requirements to do so.

What Remedies Does the Consumer Electronics Lemon Law Provide?

There are many remedies available to a consumer when it turns out that the electronic product they purchased is a lemon. Generally, the manufacturer has a reasonable opportunity to fix the product. If this doesn’t happen, then the consumer generally is entitled to a replacement or refund.

What Does the Consumer Electronics Lemon Law Not Protect?

While the law provides comprehensive protections for the consumer, it does not protect the following types of electronic products:
  • One that is not used or sold for personal or household purposes; and
  • One that has a wholesale price to the seller of less than fifty dollars.

Contact our Consumer Electronics Lemon Law Attorneys Today!



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