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I purchased a new cell phone recently but the speaker never worked. The retailer didn't give me any warranty in writing.

Houston, TX |
Filed under: Lawsuits and disputes

I've sent emails to the manufacturer but he doesn't respond. How much time is allowed for response/cure. Also wouldn't this be a violation of the Magnuson-Moss Warranty Act?

Attorney Answers 2

Posted

There's an implied warranty of merchantability/fitness for a particular purpose which basically translates to this: they sold you a phone and the main function of the phone is to talk via voice. If the speakers do not work, then there's nothing you can really use the phone for, especially not what it is designed to do. Therefore, a warranty in writing is likely not needed. I'm assuming this phone could range from $20 to $600 or more, so depending on how much you've spent, you may want to consult with an attorney to seek help getting reimbursed. What manufacturer is it? As far as time to respond, a reasonable amount of time should be granted- I'd say 2 weeks max. Since there is no warranty in writing, thus no "full warranty" I don't think the Magnuson Moss act is relevant.

The information provided herein is general information only and is not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.

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Posted

I agree. Then if no response, find out if the retailer will give you a new one. If not, send them a demand letter, and one to the manufacturer. Then sue the seller in small claims.

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2 comments

Asker

Posted

Wait why the seller? The seller mentioned only a 1 month warranty with them. It's been like 5 months. Shouldn't the letter go to the manufacturer?

Asker

Posted

bump.

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