Magnuson-Moss Warranty Act in Indiana

The federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) provides federal-court access and an additional fee-shifting basis for Indiana consumers — overlaying the state Lemon Law § 24-5-13 and IDCSA. The 4-year UCC SOL under Ind. Code § 26-1-2-725 provides a critical backstop for cases where IDCSA’s 2-year window has expired.

What Magnuson-Moss does

Magnuson-Moss creates a federal cause of action for breach of:

• Written warranties — express manufacturer warranties.
• Implied warranties — merchantability, fitness for particular purpose under state UCC.
• Service contracts — extended warranties.

Manufacturers can be liable for damages, attorney fees, and equitable relief.

§ 2310(d)(2) attorney fees — mandatory

15 U.S.C. § 2310(d)(2) provides:

“If a consumer finally prevails… the court may allow… a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)…”

Federal courts treat this as functionally mandatory for prevailing consumers, joining:

• Indiana § 24-5-13-22 mandatory fees
• IDCSA § 24-5-0.5-4(d) mandatory fees

Triple fee-recovery basis in Indiana Magnuson-Moss + Lemon Law + IDCSA cases.

Federal-court access — D. Ind. divisions

Magnuson-Moss provides federal subject-matter jurisdiction where the amount in controversy exceeds $50,000 or the action is a class action with 100+ plaintiffs.

Indiana federal venues:

• N.D. Ind. (Northern District) — Fort Wayne, Hammond, Lafayette, South Bend. Hometo Elkhart RV manufacturers, Subaru SIA Lafayette, Honda Greensburg (close to S.D. Ind. line — venue varies).
• S.D. Ind. (Southern District) — Indianapolis, New Albany, Terre Haute, Evansville. Home to Toyota Princeton.

The Indianapolis division of S.D. Ind. is well-regarded for consumer warranty litigation.

SOL: 4 years from delivery

Magnuson-Moss does not have its own SOL — it borrows the state UCC § 2-725 SOL, which Indiana sets at 4 years from delivery under Ind. Code § 26-1-2-725.

Critical backstop: The 4-year Magnuson-Moss / UCC SOL is twice as long as the 2-year IDCSA SOL. For cases where IDCSA has expired, Magnuson-Moss may still be available.

Strategic uses

Indiana lemon-law attorneys typically plead Magnuson-Moss alongside Lemon Law + IDCSA for these reasons:

1. Federal-court access — D. Ind. divisions offer experienced consumer-warranty judges.
2. Triple fee-recovery basis — § 24-5-13-22 + § 24-5-0.5-4(d) + § 2310(d)(2).
3. 4-year SOL runway — backstop where IDCSA has expired.
4. Implied warranty claims — useful where express warranty has lapsed.
5. Used vehicle cases — where § 24-5-13 doesn’t apply.

Practical workflow

1. Document repair attempts under the express warranty.
2. Send Lemon Law written notice to manufacturer.
3. Send IDCSA cure notice (separate, 30-day cure window).
4. Complete BBB Auto Line / certified IDS if required.
5. File in D. Ind. (if >$50K amount in controversy) or Indiana Circuit/Superior Court.
6. Recover under whichever statute provides best damages + fees.

Bottom line

Magnuson-Moss is the federal overlay providing Indiana consumers federal-court access through D. Ind., a third mandatory fee-recovery basis, and a critical 4-year SOL backstop. Pleading all three statutes maximizes recovery options.

Related

Article

Indiana Deceptive Consumer Sales Act (IDCSA) and Cure Notice

Ind. Code § 24-5-0.5 — IDCSA treble damages or $500 minimum under § 24-5-0.5-4(a), mandatory § 24-5-0.5-4(d) attorney fees, and the distinctive pre-suit cure notice requirement.

Read → Article

Indiana Lemon Law Statute (§ 24-5-13)

Ind. Code § 24-5-13 — Indiana Motor Vehicle Protection Act. Core eligibility, 18-month / 18,000-mile Rights Period, mandatory § 24-5-13-22 attorney fees.

Read → Article

Indiana's Repair-Attempt Presumption (4 Attempts / 30 Business Days OOS)

How Ind. Code § 24-5-13-15 establishes 'reasonable number of attempts' — 4-attempt or 30-business-day OOS thresholds within the 18-month / 18,000-mile Rights Period.

Read → Article

Indiana Lemon Law Statute of Limitations

Indiana's timing rules — the 18-month / 18,000-mile Rights Period, 2-year IDCSA SOL, and 4-year Magnuson-Moss / UCC backstop.

Read →