AD-ttorneys@law – February 2021 #2 | BakerHostetler jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
Wednesday, February 24, 2021
A recent decision of the Florida Supreme Court is a good reminder that automakers and dealers may have different arguments depending on whether consumer Magnuson-Moss Warranty Act (MMWA) claims are filed in state or federal court. In
Krol v. FCA US, LLC et al., No. SC19-952, the Florida Supreme Court highlighted the different approaches between Florida state and federal courts as to arbitration clauses in consumer warranties. In the 5-1 decision, the
Krol court compelled arbitration even though the binding arbitration agreement appeared in a document separate from the written warranty.
The MMWA is a federal act that provides minimum disclosure standards for written consumer product warranties. 15 USC 2301-2312. It provides consumers a private right of action for violations of the MMWA or for breach of a written warranty, implied warranty, or service contract. Consumers may bring claims in state or federal court.
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A recent decision of the Florida Supreme Court is a good reminder that automakers and dealers may have different arguments depending on whether consumer Magnuson-Moss Warranty Act (MMWA) claims are filed in state or federal court. In
Krol v. FCA US, LLC et al., No. SC19-952, the Florida Supreme Court highlighted the different approaches between Florida state and federal courts as to arbitration clauses in consumer warranties. In the 5-1 decision, the
Krol court compelled arbitration even though the binding arbitration agreement appeared in a document separate from the written warranty.
On February 18, the Florida Supreme Court ruled that a warrantor of a consumer product is not required to disclose a binding arbitration agreement as part of the warranty-related items.
Florida Sup Ct : Disclosure of Binding Arbitration Not Required In Consumer Warranties natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.