The Magnuson-Moss Warranty Act in North Dakota

The Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) is the federal warranty law that runs alongside North Dakota’s lemon law. It matters most in North Dakota because of the state law’s six-month deadline — when that clock has run, Magnuson-Moss is often still open.

Why it matters here

• Fee-shifting — § 2310(d)(2) lets a prevailing consumer recover attorney fees, so you can hire a lawyer at no out-of-pocket cost. See attorney fees.
• A longer runway — Magnuson-Moss claims borrow the state’s written-contract limitations period (generally several years), far longer than the lemon law’s six months (§ 51-07-21).
• Broader coverage — it reaches used vehicles still under a written warranty and leased vehicles, even where the state statute might be tighter.
• Federal court — claims can be brought in the U.S. District Court for the District of North Dakota (D.N.D.).

What it covers

Magnuson-Moss governs written and implied warranties on consumer products. A breach of a written warranty — or of the implied warranty of merchantability — that isn’t cured after a reasonable opportunity supports a claim for damages and fees.

How it works with state law

Most North Dakota cases plead all three:

1. The North Dakota Lemon Law (§ 51-07-16) — refund or replacement, but only within the six-month window.
2. Magnuson-Moss — the federal fee hook and a longer runway.
3. The Consumer Fraud statute — treble damages and mandatory fees on a knowing violation.

This stacking matters in North Dakota: if the lemon-law deadline has passed, Magnuson-Moss and the Consumer Fraud statute can still carry the case.

Bottom line

Magnuson-Moss adds federal fee-shifting, a longer runway than the lemon law’s six months, and coverage for used and leased vehicles — a crucial backstop in North Dakota. Get a free case review.

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