The Magnuson-Moss Warranty Act in New Hampshire

The federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., is the third statute in a New Hampshire vehicle-defect claim — alongside the New Hampshire Lemon Law and the Consumer Protection Act. It provides federal-court access and another fee hook with a longer runway.

What Magnuson-Moss adds

• § 2310(d)(2) attorney fees — fees “based on actual time expended” to a prevailing consumer.
• Federal-court access — D.N.H. (Concord) for cases over $50,000.
• A 4-year limitations runway (borrowed from the UCC, RSA 382-A:2-725) — longer than the lemon law’s one-year filing deadline.
• Implied-warranty leverage (merchantability under RSA 382-A:2-314).

§ 2310(d)(2) — the federal fee provision

15 U.S.C. § 2310(d)(2) provides:

If a consumer finally prevails in any action brought under this section, he may be allowed by the court… costs and expenses (including attorneys’ fees based on actual time expended)…

Federal courts award these fees liberally in successful warranty actions. In New Hampshire — where the CPA § 358-A:10 already provides mandatory fees and a multiplier — Magnuson-Moss is most useful as a federal-venue option and a fee hook for high-value or warranty-focused cases.

When to choose federal court (D.N.H.)

• Amount in controversy exceeds $50,000 (the Magnuson-Moss threshold).
• High-value vehicle (luxury, EV, heavy-duty truck under the 11,000-lb threshold).

For most ordinary-value New Hampshire vehicles, the state Arbitration Board is the natural first path.

Implied-warranty leverage for used vehicles

Magnuson-Moss federalizes New Hampshire’s implied warranty of merchantability (RSA 382-A:2-314), useful for used vehicles past the new-vehicle period but still under a written or implied warranty, with a 4-year runway.

How the three statutes stack

Statute	Fees	SOL	Venue
Lemon Law RSA 357-D	Discretionary (court)	1 yr after warranty/last repair to file	Arbitration Board / NH court
CPA § 358-A:10	Mandatory (+ 2x–3x)	3 years	NH court
Magnuson-Moss § 2310(d)(2)	Strongly presumed	4 years	NH or federal (D.N.H.)

Bottom line

Magnuson-Moss gives New Hampshire consumers a federal-court option and a fee hook with a 4-year runway. Because the state Arbitration Board and the CPA already provide strong, low-cost paths, Magnuson-Moss is most valuable for high-value cases and used-vehicle claims past the lemon-law window.

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