Public Law 114-51 | Public Law 114–51: To allow manufacturers to meet warranty and labeling requirements for consumer products by displaying the terms of warranties on Internet websites, and for other purposes.

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PUBLIC LAW 114–51—SEPT. 24, 2015

129 STAT. 494

Public Law

114–51

114th Congress

An Act

To allow manufacturers to meet warranty and labeling requirements for consumer products by displaying the terms of warranties on Internet websites, and for other purposes.

Sept. 24, 2015

[S. 1359]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

E-Warranty Act of 2015.

SECTION 1.

15 USC 2301 note.

SHORT TITLE.

This Act may be cited as the “

E-Warranty Act of 2015

”.

SEC. 2.

15 USC 2302 note.

FINDINGS.

Congress makes the following findings:

(1)

Many manufacturers and consumers prefer to have the option to provide or receive warranty information online.

(2)

Modernizing warranty notification rules is necessary to allow the United States to continue to compete globally in manufacturing, trade, and the development of consumer products connected to the Internet.

(3)

Allowing an electronic warranty option would expand consumer access to relevant consumer information in an environmentally friendly way, and would provide additional flexibility to manufacturers to meet their labeling and warranty requirements.

SEC. 3.

ELECTRONIC DISPLAY OF TERMS OF WRITTEN WARRANTY FOR CONSUMER PRODUCTS.

(a)

In General.—

Section 102(b) of the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act (15 U.S.C. 2302(b))

is amended

adding

at the end the following:

“(4)

(A)

Except as provided in subparagraph (B), the rules prescribed under this subsection shall allow for the satisfaction of all requirements concerning the availability of terms of a written warranty on a consumer product under this subsection by—

“(i)

making available such terms in an accessible digital format on the Internet website of the manufacturer of the consumer product in a clear and conspicuous manner; and

“(ii)

providing to the consumer (or prospective consumer) information with respect to how to obtain and review such terms by indicating on the product or product packaging or in the product manual—

“(I)

the Internet website of the manufacturer where such terms can be obtained and reviewed; and

“(II)

the phone number of the manufacturer, the postal mailing address of the manufacturer, or another reasonable 129 STAT. 495 non-Internet based means of contacting the manufacturer to obtain and review such terms.

“(B)

Applicability.

With respect to any requirement that the terms of any written warranty for a consumer product be made available to the consumer (or prospective consumer) prior to sale of the product, in a case in which a consumer product is offered for sale in a retail location, by catalog, or through door-to-door sales, subparagraph (A) shall only apply if the seller makes available, through electronic or other means, at the location of the sale to the consumer purchasing the consumer product the terms of the warranty for the consumer product before the purchase.”

(b)

15 USC 2302.

Revision of Rules.—

(1)

Deadline.

In general.—

Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall revise the rules prescribed under such section to comply with the requirements of paragraph (4) of such section, as added by subsection (a) of this section.

(2)

Authority to waive requirement for oral presentation.—

In revising rules

Determination.

under paragraph (1), the Federal Trade Commission may waive the requirement of section 109(a) of such Act (15 U.S.C. 2309(a)) to give interested persons an opportunity for oral presentation if the Commission determines that giving interested persons such opportunity would interfere with the ability of the Commission to revise rules under paragraph (1) in a timely manner.

Approved September 24, 2015.

LEGISLATIVE HISTORY—S. 1359 (H.R. 3154):

HOUSE REPORTS: ┐No. 114–243 (Comm. on Energy and Commerce) accompanying H.R. 3154.

SENATE REPORTS: ┐No. 114–77 (Comm. on Commerce, Science, and Transportation).

CONGRESSIONAL RECORD, Vol. 161 (2015):

July 9, considered and passed Senate.

Sept. 8, considered and passed House.

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