Gordon Wood v. Winnebago Industries, Inc.

The Magnuson Moss Warranty Act creates a private right of action for any “consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under [the Magnuson Moss Warranty Act], or under a written warranty, implied warranty, or service contract.” 15 U.S.C. § 2310(d)(1). The Magnuson Moss Warranty Act “is remedial in nature and is designed to facilitate relief which would otherwise not be available as a practical matter for individual consumers.” Kelly v. Fleetwood Enters., 377 F.3d 1034 (9th Cir. 2004). Pursuant to 15 U.S.C. § 2307 of the Magnuson Moss Warranty Act, a warrantor may designate representatives to perform duties under the written or implied warranty, but no such designation shall relieve the warrantor of his direct responsibilities to the consumer or make the representative a cowarrantor. The question presented is: 1. Does a warrantor remain liable for its warranty obligations when it designates a representative pursuant to 15 U.S.C. § 2307 to fulfill those obligations?