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McCurdy v. Texar, Inc.

District Court of Appeal of Florida
575 So. 2d 299 (1991)
ELI5:

Rule of Law:

A consumer may bring a cause of action for breach of an implied warranty under the Magnuson-Moss Warranty Act regardless of whether the supplier or warrantor also provided a written warranty.


Facts:

  • Elliot McCurdy purchased a boat.
  • The boat was manufactured by Freeland Mfg. Corp.
  • Freeland Mfg. Corp. did not provide any written warranties with the sale of the boat.
  • After the purchase, McCurdy alleged that the boat was defective.

Procedural Posture:

  • Elliot McCurdy filed a lawsuit in a Florida trial court against Texar, Inc. and Freeland Mfg. Corp.
  • McCurdy's complaint alleged a cause of action under the Magnuson-Moss Warranty Act.
  • The trial court judge ruled against McCurdy, holding that the Act was inapplicable because the manufacturer had not provided a written warranty.
  • McCurdy, as appellant, appealed the trial court's decision to the District Court of Appeal of Florida, Fourth District.

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Issue:

Does the Magnuson-Moss Warranty Act permit a consumer to bring a lawsuit for a breach of an implied warranty even when the manufacturer has not provided a written warranty?


Opinions:

Majority - Letts, J.

Yes, the Magnuson-Moss Warranty Act permits a consumer to bring a lawsuit for a breach of an implied warranty even when the manufacturer has not provided a written warranty. The plain language of the Act, 15 U.S.C. § 2310(d)(1), explicitly states that a consumer may sue for damages resulting from a supplier's failure to comply with an obligation under an 'implied warranty.' The court reasoned that since implied warranties are by their nature not written, Congress clearly intended for the Act to cover breaches of such warranties independently of any written ones. The court cited federal cases, legal annotations, and law review articles supporting the interpretation that the Act establishes a federal cause of action for breach of implied warranties arising under state law, even in the absence of a written warranty.



Analysis:

This decision significantly clarifies the scope of the Magnuson-Moss Warranty Act, establishing that its private right of action is not contingent upon the existence of a written warranty. By allowing federal claims for breaches of state-law implied warranties, the ruling broadens consumer protection and provides a federal forum for disputes over defective products. This strengthens a consumer's ability to seek redress, particularly by making the Act's attorney's fees provision available, even when a manufacturer has made no express written promises about its product's quality.

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