This is limited to digital distribution of the obligations previously imposed by MMWA
The MMWA was, in effect, a response to unscrupulous product manufacturers who drafted written warranties that were incredibly complicated and confusing.
The very problems discussed above are the same problems facing consumers of casualty insurance today and they are the very issues addressed by the MMWA. The use of confusing and broadly generalized language in insurance policy provisions results in ambiguous and non-uniform implementation when applied to a variety of occurrences.
Application of the MMWA's principles would solve many of the problems facing insurance consumers today, in that, the policy language itself would be made clear and it would be obvious which protections are lacking, making the policy more easily understood by a larger number of consumers, in addition, the availability of attorney's fees for a winning plaintiff would provide an incentive to injured consumers to bring a suit against a defective policy and its producer.
Appeals courts in this and earlier cases had reached conflicting conclusions, with at least one court holding that the MMWA applied only to product purchasers.
"I think the Florida Supreme Court wanted to recognize that you can't focus on one small aspect under the MMWA," said Scott Cohen, the Chicago attorney who represented the plaintiff.
Despite attempts at repairs by Honda, the car's problems continued, Cerasani claimed, and she filed suit, citing breaches of written warranty and implied warranty under the MMWA.
The MMWA does allow a supplier to limit implied warranties to the same duration as the written warranty; (25) however, if the dealer does not do so explicitly, then the implied Warranty has no term limit whatsoever.
(32) A purchaser could also argue that a violation of the Used Car Rule automatically violates the MMWA, which does authorize a private action for damages and attorney's fees.
For sellers of products costing more than $15 that have a written warranty, the MMWA specifies that the warranty must be "full" or "limited" and available for customer review before the sale.
Have manufacturers and sellers responded to the consumer's desire for warranties written in easy-to-understand terms as MMWA requires?
Wilkes and Wilcox (1981) suggested that many manufacturers were likely to change from full warranties to limited warranties because of confusion in the provisions, difficulties in interpretations, and the prospect of the cost and burden of the rules and regulations of the MMWA. This change obviously was not an intent or objective of the MMWA.