QUESTION: If I sue under the Warranty Act, can I recover attorney fees and court cost if I win?
ANSWER: Breach of warranty is a violation of federal law, and allows consumers to recover court costs and reasonable attorneys’ fees. This means that if you win a lawsuit for breach of either a written or an implied warranty, you may be able to recover costs for bringing the suit, including lawyer’s fees. Because of the strict federal jurisdictional requirements under the Act, most Magnuson-Moss lawsuits are brought in state court. However, major cases involving many consumers can be brought in federal court as class action suits under the Act.