🛠️ Defective Consumer Product Demand Letters

Song-Beverly, CLRA & Magnuson-Moss warranty enforcement strategies

Understanding Defective Product Claims

Who this guide helps: California consumers who purchased defective electronics, appliances, furniture, exercise equipment, baby products, or other consumer goods that broke early, don't match marketing promises, or pose safety hazards.

Common Defective Product Scenarios

Electronics & Appliances

  • Premature failure: Refrigerator dies within first year, laptop has recurring motherboard issues, TV has persistent screen defects
  • Safety hazards: Phone overheats and burns user, appliance has electrical shorts, battery swelling/fire risk
  • Performance gaps: Product doesn't perform core functions advertised (e.g., "waterproof" phone water-damaged, "4K" TV only displays 1080p)

Furniture & Home Goods

  • Structural failures: Couch frame breaks under normal use, bed collapses, desk surface warps/peels within months
  • Material misrepresentation: Sold as "solid wood" but particleboard, "genuine leather" is bonded/synthetic, "stainless steel" rusts immediately
  • Dangerous defects: Sharp edges, toxic finishes, unstable construction posing tip-over risks

Exercise Equipment & Baby Products

  • Safety-critical failures: Treadmill belt slips causing injury, car seat harness defects, crib with dangerous gaps
  • Warranty denials: Manufacturer blames "user error" for obvious manufacturing defects
  • Recalls ignored: Company aware of widespread defect but refuses individual refunds/replacements

Bait-and-Switch & Misrepresentation

Red flags for fraud:
  • "Refurbished as new" — old/repaired products sold without disclosure
  • Floor models or returns packaged as new without discount
  • Counterfeit products with authentic-looking packaging
  • Missing essential components or accessories shown in marketing
  • "Limited time" features that never worked or were remotely disabled

When to Send a Demand Letter

Consider a formal demand letter when:

  • Retailer or manufacturer refuses warranty claims citing improper "user error" or "abuse" defenses
  • Multiple repair attempts failed to fix recurring defect
  • Product purchased within past 1-4 years (depending on reasonable expected lifespan)
  • You've documented the defect with photos, videos, repair records, or expert opinions
  • Damages exceed small claims limit ($10,000 in CA) or you want attorney fee recovery
  • Defect caused consequential damages (spoiled food, business loss, medical expenses)

Leverage Points

Why companies settle defect claims:
  • Song-Beverly exposure: California's consumer warranty act allows recovery of purchase price PLUS civil penalty up to 2x actual damages, plus attorney fees
  • CLRA penalties: Statutory damages, restitution, injunctive relief, and mandatory attorney fees for willful violations
  • Class action risk: Widespread defect patterns create aggregation exposure
  • Regulatory complaints: FTC, CPSC (for safety), state AG investigations
  • Reputation damage: Public complaints, social media campaigns, review sites

Small Claims vs. Full Litigation

Factor Small Claims (≤$10K) Superior Court (>$10K)
Pros Fast (60-90 days), cheap filing fee, no lawyer needed, informal process Can recover attorney fees under Song-Beverly/CLRA, can seek civil penalties, discovery tools available
Cons Can't recover attorney fees, limited to $10K, no appeals for plaintiff, no discovery/depositions Expensive (legal fees), slow (1-3 years), complex procedures
Best for Single product under $3K, clear-cut warranty breach, you want fast resolution High-value products ($5K+), clear Song-Beverly violation, willing to invest in attorney

California & Federal Warranty Law

Song-Beverly Consumer Warranty Act (California)

Cal. Civ. Code §§ 1790–1795.8 — California's primary consumer warranty protection statute, often considered the strongest in the nation.

Key Protections

Implied Warranty of Merchantability (§ 1791.1):

  • Every retail sale of consumer goods includes an implied warranty that goods are fit for ordinary use
  • Duration: reasonable time based on nature of goods (not just express warranty period)
  • Cannot be disclaimed for consumer goods sold at retail in California
  • A $2,000 refrigerator should last 7-10 years; failure after 18 months may breach implied warranty even if express warranty expired

Express Warranty Obligations (§ 1791.2):

  • Manufacturer or retailer promises (oral or written) create enforceable warranties
  • Marketing materials, sales presentations, and product specifications are part of "express warranty"
  • If product doesn't conform to express warranty after "reasonable number of attempts" to repair, buyer entitled to replacement or refund

Repair or Replace Obligations (§ 1793.2):

  • Manufacturer/retailer must repair or replace defective goods within 30 days of delivery for repair
  • If unable to repair after reasonable attempts, must offer buyer choice of replacement or refund (including sales tax, finance charges, and incidental damages)
  • "Reasonable attempts" typically means 2-4 repair tries for same defect, or 30+ cumulative days out of service in first year
Civil Penalty Provision (§ 1794): If manufacturer or retailer willfully violates Song-Beverly, court may award civil penalty up to two times actual damages. Combined with mandatory attorney fee recovery, this creates strong settlement pressure.

Attorney Fees (§ 1794(d))

Song-Beverly is a one-way fee-shifting statute:

  • Prevailing buyer recovers reasonable attorney fees and costs
  • Prevailing seller/manufacturer gets nothing (unless claim was frivolous)
  • This levels playing field and makes it economical to hire counsel even for moderate-value defects

Consumers Legal Remedies Act (CLRA)

Cal. Civ. Code §§ 1750–1785 — Prohibits 25+ specific unfair practices in consumer transactions, including product sales.

Relevant CLRA Violations for Defective Products (§ 1770)

  • (a)(5): Representing goods as original/new when materially different (refurbished as new, floor models, etc.)
  • (a)(7): Representing goods as particular standard, quality, or grade when they are another (e.g., "commercial grade" that's consumer grade)
  • (a)(9): Advertising goods with intent not to sell as advertised (bait-and-switch)
  • (a)(16): Representing transaction confers rights/remedies it doesn't (false warranty promises)
  • (a)(19): Inserting unconscionable provisions in contracts (e.g., "no warranties whatsoever")

CLRA 30-Day Pre-Suit Notice (§ 1782)

Mandatory step for damages actions: Before filing suit for damages, you must send written notice via certified or registered mail to seller's place of business, identifying specific § 1770 violations and demanding correction.

Seller has 30 days to provide "appropriate correction, repair, replacement, or other remedy." Timely cure cuts off damages and attorney fees (but not injunctive relief).

Note: You can file for injunctive relief immediately without prior notice, then amend for damages after 30-day period expires.

California Unfair Competition Law (UCL)

Bus. & Prof. Code § 17200 — Prohibits "unlawful, unfair, or fraudulent" business practices.

  • Unlawful prong: Violating another law (like Song-Beverly, CLRA, or UCC) is automatically "unlawful" under UCL
  • Unfair prong: Conduct that threatens public harm, is immoral/unethical, or causes substantial injury to consumers
  • Fraudulent prong: Likely to deceive reasonable consumer (lower standard than common-law fraud)
  • Remedies: Restitution, injunctive relief, but no damages (pair with CLRA or Song-Beverly for full relief)

Magnuson-Moss Warranty Act (Federal)

15 U.S.C. §§ 2301–2312 — Federal law governing written warranties on consumer products costing more than $15.

Key Provisions

  • Written warranty requirements: Must be clear, conspicuous, easy to read, and designated as "full" or "limited"
  • Full warranty standard: Manufacturer must remedy defects within reasonable time, without charge, and without imposing unreasonable duties on consumer
  • Implied warranty protection: Magnuson-Moss prevents disclaimer of implied warranties if written warranty given (can only limit duration to written warranty period)
  • Class action enabler: Allows class actions for widespread warranty violations (lower jurisdictional threshold than typical federal diversity)
  • Attorney fees: Prevailing consumer recovers reasonable fees and costs

When to Invoke Magnuson-Moss

Use Magnuson-Moss alongside Song-Beverly when:

  • Product has written "limited warranty" that's vague or misleading
  • Manufacturer is out-of-state (federal jurisdiction may be easier)
  • Pattern of denials suggests class-action potential
  • You want federal-court forum for strategic reasons

Uniform Commercial Code (UCC Article 2)

California Commercial Code §§ 2314 (implied warranty of merchantability) and 2315 (implied warranty of fitness for particular purpose) provide overlapping protections. Song-Beverly is generally more consumer-friendly, but UCC is useful for:

  • Non-retail sales (business-to-business)
  • When Song-Beverly doesn't apply (e.g., some services)
  • Establishing baseline implied warranty duties

Building Your Case: Evidence & Damages

Essential Documentation

Proof of Purchase & Warranty

  • Receipt or invoice: Shows date, price, retailer, product model/serial number
  • Credit card/bank statements: Backup if you lost receipt
  • Warranty booklet or card: Manufacturer's written warranty terms
  • Product packaging: Marketing claims, specifications, safety certifications
  • Retailer website screenshots: Product description, reviews, Q&A claims (save archive.org snapshots)
  • Manufacturer website/marketing: Promotional videos, spec sheets, white papers, comparison charts

Defect Documentation

  • Photos & videos: Close-ups of defect, context shots showing product in use, timestamped if possible
  • Error messages or codes: Screenshot or photograph any diagnostic screens, blinking lights, error logs
  • Repair estimates: Independent technician quotes showing cost to fix exceeds replacement value
  • Expert inspection reports: For high-value items, hire independent engineer or technician to document root cause
  • Safety incident reports: Medical records if product caused injury; photos of burns, cuts, property damage

Warranty Claim History

  • Service records: All repair invoices, work orders, diagnostic notes from manufacturer or authorized repair centers
  • Email/chat correspondence: Every interaction with customer service, warranty claims, repair requests
  • Call logs: Dates, times, representatives spoken to, case/ticket numbers
  • Denial letters: Written refusals citing "user error," "abuse," "unauthorized repair," etc.
  • Shipping/tracking: Proof you sent product for repair and days out of service

Marketing & Advertising Evidence

  • Sales presentation materials: Brochures, demo videos, in-store signage
  • Salesperson statements: Written summary of oral promises made at time of sale ("this will last 10 years," "waterproof to 30 feet," etc.)
  • Third-party reviews (used in marketing): If company cites "best in class" awards or testimonials, save those pages
  • Comparative ads: Claims like "lasts 3x longer than competitors" create measurable benchmarks

Example: Refrigerator Defect Evidence Checklist

  • ✓ Receipt showing $2,400 purchase price, 18 months ago
  • ✓ Manufacturer 1-year warranty booklet
  • ✓ Three service call invoices: compressor replaced twice, still failing
  • ✓ Photos of spoiled food ($300 grocery loss)
  • ✓ Repair estimate: $1,800 for third compressor replacement
  • ✓ Consumer Reports article stating this model should last 10-14 years
  • ✓ Email chain with manufacturer denying further coverage after warranty "expired"
  • ✓ Online forum posts showing 200+ similar compressor failures (pattern evidence)

Calculating Damages

Direct Damages (Song-Beverly § 1794)

  • Purchase price: Full amount paid, including sales tax and delivery fees
  • Finance charges: Interest paid on credit if product financed
  • Incidental damages: Cost of transporting product for repair, storage, rental of replacement while out of service
  • Consequential damages: Reasonably foreseeable losses caused by defect:
    • Spoiled food from broken refrigerator
    • Lost business income from broken work equipment
    • Medical bills from product-caused injury
    • Property damage from product malfunction (e.g., washer flood)

Civil Penalty (Song-Beverly § 1794(c))

If violation is willful, court may award penalty up to 2× actual damages:

  • "Willful" means intentional or in conscious disregard of buyer's rights — not just negligence
  • Evidence: Pattern of denying valid claims, ignoring defect complaints, blaming victims without investigation, continuing sales despite known widespread defect
  • Example: $5,000 actual damages → up to $10,000 civil penalty → total recovery $15,000 (plus attorney fees)

CLRA Damages (§ 1780)

  • Actual damages: Out-of-pocket losses (purchase price, repair costs, consequential harm)
  • Restitution: Return of all money paid for product/service
  • Punitive damages: If fraud, oppression, or malice proven (high bar, but possible for egregious misrepresentation)
  • Injunctive relief: Court order requiring company to change practices (useful in class actions)

Attorney Fees & Costs

Song-Beverly, CLRA, and Magnuson-Moss all allow prevailing consumer to recover:

  • Reasonable attorney fees (typically $400–$700/hour for consumer attorneys)
  • Filing fees, service costs, deposition expenses, expert witness fees
  • Even if damages are modest ($3K product), attorney fee multiplier can make case economically viable
Settlement leverage: Manufacturer facing $50K+ in attorney fees for defending a $5K defect claim will often settle for 2-3× damages to avoid fee exposure. This is why one-way fee-shifting statutes are so powerful.

Proving Defect vs. User Error

Manufacturer's Defenses

Companies routinely deny warranty claims by alleging:

  • "Normal wear and tear": Claim defect is expected degradation, not manufacturing flaw
  • "Abuse or misuse": Allege consumer used product in unreasonable way
  • "Unauthorized repair": Claim third-party service voided warranty
  • "Improper installation": Blame installation contractor or consumer setup
  • "Environmental factors": Humidity, temperature, power surges, etc.

Rebuttal Strategies

  • Pattern evidence: Find other consumers with identical defect (online reviews, forums, CPSC complaints) — shows manufacturing or design flaw, not isolated abuse
  • Timeline analysis: Defect occurred within weeks/months of purchase, long before "normal wear" would be expected
  • Expert testimony: Independent engineer opines defect is due to faulty materials/design, not user error
  • Instruction manual compliance: Show you followed all manufacturer instructions for use, care, and maintenance
  • Recall/TSB evidence: If manufacturer later issued recall or technical service bulletin for same defect, proves they knew it was their fault

Case Example: Laptop Battery Swelling

Defect: Lithium battery expanded, warping case and making trackpad unusable.

Manufacturer defense: "Damage caused by excessive heat or physical impact; not covered."

Consumer rebuttal:

  • Laptop used only on desk in air-conditioned office; never dropped
  • Online forum shows 1,400+ reports of same battery swelling on this model
  • Independent repair shop confirms swelling is design flaw (insufficient battery compartment ventilation)
  • Six months after consumer's complaint, manufacturer issues recall for battery replacement program

Result: Strong Song-Beverly case; manufacturer settles for full refund + $8K in attorney fees.

Demand Letter Strategy & Templates

Pre-Demand Steps

Exhaust Internal Processes (Usually)

Before formal legal demand, attempt good-faith resolution:

  • File warranty claim through normal customer service channels
  • Escalate to supervisor or warranty manager if initial denial
  • Send product for authorized repair if requested (creates repair history)
  • Document every interaction in writing (email confirmations of calls)

Why bother? Demonstrates reasonableness, creates paper trail showing company's refusal, and sometimes results in quick resolution without legal fees.

When to skip: If company has pattern of ignoring complaints, or if defect is safety-critical and further delay is dangerous.

Gather Competitive Bids

  • Get 2-3 repair estimates from independent shops
  • If repair cost > 50% of replacement value, strengthens "refund" argument
  • Estimates also serve as expert opinions on cause of defect

CLRA 30-Day Notice Requirements

If seeking damages under CLRA, you MUST send pre-suit notice per § 1782:

  • Via certified or registered mail, return receipt requested
  • To manufacturer/retailer's place of business in California or principal place of business
  • Identify specific § 1770 violations (don't just say "you violated CLRA")
  • Demand appropriate correction, repair, replacement, or other remedy
  • Wait 30 days for response before filing suit

Failure to follow these steps = dismissal of CLRA damages claim (though injunctive relief doesn't require notice).

What Constitutes Adequate "Cure"

If company responds within 30 days with appropriate remedy, it cuts off CLRA damages and attorney fees. Courts consider cure "appropriate" if it:

  • Provides refund, replacement, or repair that actually fixes the problem
  • Compensates for consequential losses (not just product price)
  • Is unconditional (no release of all claims or gag order)

Offering store credit, 10% discount on future purchase, or "we'll fix it again" (after multiple failed repairs) is typically not adequate cure.

Song-Beverly Demand Letter Framework

Template Outline: Song-Beverly + CLRA Demand

Header:

[Your Name]
[Address]
[Email]
[Phone]

[Date]

Via Certified Mail, Return Receipt Requested

[Manufacturer/Retailer Legal Department]
[Address]

Re: Demand for Refund/Replacement Under Song-Beverly Consumer Warranty Act and CLRA — [Product Model], Serial No. [XXX]

Section 1: Introduction & Transaction Details

  • Date and location of purchase
  • Product make, model, serial number
  • Purchase price (with tax, delivery)
  • Warranty terms provided at sale

Section 2: Defect Description & Repair History

  • When defect first appeared
  • Specific symptoms and failures
  • All repair attempts: dates, what was done, outcomes
  • Days product has been out of service
  • Current status: still defective / unusable

Section 3: Legal Violations

  • Song-Beverly breach: Product fails to conform to express and implied warranties; reasonable repair attempts exhausted (cite §§ 1791.1, 1793.2)
  • CLRA violations: [if applicable] Misrepresented quality/grade (§ 1770(a)(7)); sold refurbished as new (§ 1770(a)(5)); false warranty promises (§ 1770(a)(16))
  • Magnuson-Moss violations: [if applicable] Failed to honor written warranty terms; imposed unreasonable duties

Section 4: Damages

  • Purchase price: $[amount]
  • Consequential damages: $[amount] (itemize: spoiled food, lost income, etc.)
  • Potential civil penalty (up to 2× actual) if willful violation
  • Attorney fees and costs if litigation necessary

Section 5: Demand

Pursuant to Song-Beverly § 1793.2 and CLRA § 1782, I demand:

Option 1: Full refund of purchase price ($[X]) plus reimbursement of consequential damages ($[Y]), totaling $[Z], within 30 days.

Option 2: Replacement with new, non-defective [product model] of equal or greater value, plus reimbursement of consequential damages ($[Y]).

This letter serves as the required CLRA 30-day pre-suit notice. If you fail to provide appropriate remedy within 30 days, I will pursue all available legal remedies, including civil penalties and attorney fee recovery.

Section 6: Reservation of Rights

I reserve all rights under Song-Beverly, CLRA, UCL, Magnuson-Moss, and common law. This demand does not waive any claims for damages arising after the date of this letter.

Enclosures:

  • Copy of purchase receipt
  • Photos of defect
  • Repair invoices and service records
  • Independent repair estimate
  • Email correspondence with customer service

Timing & Follow-Up

30-Day Waiting Period

  • Send via certified mail; save tracking number and delivery confirmation
  • Count 30 calendar days from date of delivery (not mailing)
  • If no response or inadequate response, you can file suit on day 31

Negotiation Strategy

If company offers partial remedy (e.g., 50% refund, or repair attempt #5):

  • Counter with specifics: "I will accept 80% refund ($[X]) plus reimbursement of consequential damages ($[Y]), provided payment within 10 days and mutual release limited to this transaction only."
  • Avoid broad releases: Don't sign away future claims if defect recurs or causes delayed harm (e.g., injury from latent defect)
  • Get it in writing: Oral settlement promises are worthless; demand written settlement agreement before dropping claims

When to Involve an Attorney

Consult counsel if:
  • Purchase price > $5,000 and company refuses reasonable settlement
  • Defect caused personal injury or significant property damage
  • Pattern of similar defects suggests class-action potential
  • You're uncomfortable negotiating or drafting legal documents
  • 30-day CLRA period expires with no adequate cure offer

Remember: Song-Beverly and CLRA attorney fees are recoverable, so many consumer attorneys work on contingency or reduced hourly rates for strong warranty cases.

Attorney Services

Professional Demand Letter Representation

Attorney-drafted demand letters on law firm letterhead carry significantly more weight than consumer self-help letters. Companies know that lawyer involvement means credible litigation risk, fee-shifting exposure, and professional follow-through.

What We Offer

Demand Letter Drafting & Negotiation

  • Comprehensive case evaluation: Review your purchase documents, warranty terms, repair history, and defect evidence
  • Legal research: Identify all applicable violations (Song-Beverly, CLRA, Magnuson-Moss, UCC) and calculate maximum recovery
  • CLRA-compliant demand letter: Properly formatted § 1782 notice via certified mail, citing specific statutory violations
  • Settlement negotiation: Handle all communication with manufacturer/retailer legal teams; push for full refund + consequential damages
  • Litigation threat leverage: Credibly communicate willingness to file suit and seek attorney fees if settlement not reached

Full Litigation Representation

  • Superior Court or Federal Court filings: Complaints alleging Song-Beverly, CLRA, UCL, and Magnuson-Moss violations
  • Discovery: Subpoena internal company documents showing knowledge of defect, repair failure rates, complaints from other consumers
  • Expert witness coordination: Retain engineers, product safety specialists, or damages economists
  • Class action evaluation: If widespread defect pattern, explore class certification for aggregate relief
  • Trial or settlement: Pursue maximum recovery including civil penalties, consequential damages, and full attorney fee reimbursement

Fee Structure

Demand letter: Flat fee $450

Hourly rate: $240/hr

Contingency: 33-40%

When Attorney Representation Makes Sense

  • Product value > $3,000 and company denying valid warranty claim
  • Multiple failed repair attempts and company still refusing refund/replacement
  • Consequential damages (injury, property damage, business loss) exceed $5,000
  • You want to maximize recovery and ensure CLRA/Song-Beverly compliance
  • Company is playing hardball and you need litigation credibility

Schedule a Consultation

Discuss your defective product claim with an attorney experienced in California consumer warranty law. We'll evaluate your case, explain your rights under Song-Beverly and CLRA, and recommend the most cost-effective path to recovery.

Contact Information:

Email: owner@terms.law

No free consultations. Paid consultations are credited toward representation if you retain our services.