Whitepaper: MMWA Pre-Sale Availability Suit Strategies

Numerous lawsuits have been filed recently against retailers of consumer products alleging violations of the pre-sale availability rule under the Magnuson-Moss Warranty Act (“MMWA”). The pre-sale availability rule generally requires retailers of consumer products to make the product’s warranty text available for examination by prospective buyers. See 16 C.F.R. § 702.3(a). These lawsuits, filed in several jurisdictions including Arkansas, California, Illinois, and Pennsylvania, primarily seek injunctive relief and attorneys’ fees.

At the direction of its members and board of directors, the RLC retained McGuireWoods to draft work product in the form of a memorandum summarizing and analyzing possible grounds for removal, a motion to dismiss, and a motion to strike class allegations in these suits, as well as any arguments Plaintiffs have made in opposition. In addition, an Appendix is provided separately for ease of reference to portions of the MMWA and the pre-sale availability rule.