📋 Overview

You've received a warranty claim from a consumer. California's Song-Beverly Consumer Warranty Act provides some of the strongest warranty protections in the nation. Understanding your obligations as a seller, manufacturer, or service provider is critical to avoiding costly litigation.

⚠ Implied Warranty

Even without an express warranty, California implies a warranty of merchantability on all consumer goods. "As-is" sales to consumers are mostly prohibited.

🕒 30-Day Rule

Under CC 1793.2(b), if you can't repair within 30 days, the consumer can demand a replacement or refund.

💰 Civil Penalty

Willful violations can result in damages up to twice the actual damages, plus attorney's fees under CC 1794(c).

Types of Warranty Claims

  • Express warranty breach - Product fails to meet written or advertised promises
  • Implied merchantability - Product doesn't perform its basic intended function
  • Implied fitness - Product doesn't work for specific purpose consumer relied on seller for
  • Service warranty - Repair work fails or causes additional damage
  • Extended warranty/service contract - Purchased protection plan not honored
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🔍 Evaluate the Claim

Before responding, determine whether the warranty claim is valid and what your obligations are under California law.

Risk Assessment Matrix

Claim Type If Valid Risk Level
Express warranty within period Must repair, replace, or refund per warranty terms HIGH
Failed repair attempts (3+) Refund or replacement required - CC 1793.2(d) HIGH
Implied warranty (new goods) 1-year implied warranty from retail sale MEDIUM
Implied warranty (used goods) 3-month implied warranty minimum MEDIUM
Claim after warranty expiration Generally no obligation unless latent defect LOW

📄 Warranty Documentation

  • ✓Written warranty terms provided
  • ✓Date of original purchase
  • ✓Warranty period and coverage
  • ✓Prior repair history

📝 Product Evidence

  • ✓Photos/videos of defect
  • ✓Consumer's description of issue
  • ✓Evidence of misuse (if any)
  • ✓Inspection/diagnosis reports

⚠ Song-Beverly "Lemon Law" for Consumer Goods

While often associated with cars, Song-Beverly applies to ALL consumer goods. If you cannot repair after a "reasonable number of attempts" (courts often say 2-3), the consumer is entitled to replacement or full refund including taxes, fees, and incidental damages.

🛡 Your Defenses

Even valid-sounding warranty claims may have defenses. Here are common seller protections.

Warranty Expired

If the express warranty period has passed and no implied warranty remains, you have no obligation. But remember: implied warranties last at least 1 year for new goods, 3 months for used goods from retail sale date.

When to use: Claim made outside warranty period with no applicable implied warranty.

Consumer Misuse or Abuse

Warranties don't cover damage caused by the consumer's misuse, unauthorized modifications, or failure to follow care instructions. Document any evidence of abuse.

When to use: Inspection reveals damage inconsistent with manufacturing defect.

Unauthorized Repair Attempt

If the consumer had the product repaired by an unauthorized service provider, the warranty may be voided if that repair caused or contributed to the current problem.

When to use: Evidence of third-party tampering or repair that damaged the product.

Not a Manufacturing Defect

Normal wear and tear, cosmetic damage, or issues caused by external factors (power surge, water damage) are not covered under warranty unless expressly included.

When to use: Product failed due to external cause or expected wear, not defect.

Service Contract Dispute (Not Song-Beverly)

Extended warranties/service contracts are governed by different rules (CC 1794.4). Limitations in service contracts may be enforceable if clearly disclosed at purchase.

When to use: Claim involves service contract, not manufacturer's warranty.

🚨 Defenses That Won't Work

  • "As-is" sale for new consumer goods - Not allowed under Song-Beverly
  • "No warranty" disclaimer - Void for consumer goods
  • "Must use our repair service" - Consumer can use any authorized facility
  • "Warranty registration required" - Cannot void warranty for failure to register

⚖ Response Options

Based on your evaluation, choose the appropriate response strategy.

Repair Within 30 Days

If the defect is covered, promptly repair the product. Under CC 1793.2(b), you generally have 30 days from when the consumer presents the goods for repair.

  • Satisfies warranty obligation
  • Preserves customer relationship
  • Avoids replacement/refund liability

Offer Replacement

If repair isn't feasible, offer a comparable replacement product. This can be more cost-effective than a refund.

  • Alternative to refund
  • Often acceptable to consumer
  • May cost less than repair

Issue Refund

If repair/replacement isn't possible or consumer demands refund after failed repairs, issue full refund including taxes, delivery, and incidental damages.

  • Ends the dispute
  • Required after failed repairs
  • Avoid attorney's fees

Deny - Document Defense

If you have a valid defense (expired warranty, misuse), deny the claim with clear explanation and documentation.

  • Appropriate for invalid claims
  • Requires strong documentation
  • Risk of litigation

📊 Cost of Warranty Litigation

Example: $800 consumer electronics warranty claim

Product repair cost$150-300
Product replacement cost$400-600
If consumer wins: refund + incidentals$800-1,000
Consumer's attorney fees (if they win)$5,000-15,000
Civil penalty (2x if willful)$1,600-2,000
Your defense costs$5,000-20,000
MAX EXPOSURE IF YOU LOSE$25,000+

💡 Song-Beverly Is a Fee-Shifting Statute

If the consumer prevails, you pay their attorney's fees. This makes even small claims expensive to litigate. Settlement or compliance is almost always more economical than fighting valid warranty claims.

📝 Sample Responses

Copy and customize these response templates for your situation.

Acknowledging Claim & Scheduling Repair
Thank you for contacting us regarding your [PRODUCT] purchased on [DATE]. We have reviewed your warranty claim and confirmed that your product is within the warranty period. We are committed to resolving this issue promptly. Please bring your product to [SERVICE LOCATION] or ship it to [ADDRESS] for warranty repair. We will complete the repair within 30 days of receipt as required by California law. If you prefer, we can arrange prepaid shipping. Please contact us at [PHONE/EMAIL] to coordinate.
Offering Replacement After Failed Repair
We apologize that our previous repair attempt did not resolve the issue with your [PRODUCT]. Under California Civil Code Section 1793.2, when a product cannot be repaired after a reasonable number of attempts, you are entitled to a replacement or refund. We are pleased to offer you a brand-new replacement [PRODUCT], which we will ship to you at no cost. The replacement will carry a new warranty from the date of delivery. Alternatively, if you prefer a full refund, please confirm and we will process [$AMOUNT] to your original payment method within 5 business days. Please let us know your preference.
Denying Claim - Warranty Expired
We have reviewed your warranty claim for your [PRODUCT] purchased on [DATE]. Our records indicate that your product's warranty period of [X] months expired on [EXPIRATION DATE]. Your claim, submitted [X] months after purchase, falls outside the warranty coverage period. Under California's Song-Beverly Consumer Warranty Act, the implied warranty for new consumer goods extends for one year from the date of retail sale. As your product is more than one year old, both the express and implied warranties have expired. While we are unable to provide a warranty repair, we would be happy to offer you a [X%] discount on out-of-warranty repair service or a new purchase.
Denying Claim - Consumer Misuse
We have inspected your [PRODUCT] and reviewed your warranty claim. Our technicians found evidence of [describe damage - e.g., "water damage to internal components" or "physical impact damage to the screen"]. This type of damage is not consistent with a manufacturing defect and is specifically excluded from warranty coverage under Section [X] of the warranty terms. As this damage resulted from external causes rather than a defect in materials or workmanship, we are unable to provide warranty coverage for this claim. We can provide repair service at a cost of [$AMOUNT], or offer you [X%] off a replacement unit. Please let us know how you would like to proceed.

🚀 Next Steps

What to do after receiving a warranty claim demand.

Step 1: Verify Purchase

Confirm purchase date, warranty period, and coverage terms from your records.

Step 2: Inspect Product

Document the defect and check for signs of misuse, abuse, or unauthorized repair.

Step 3: Review Repair History

Check how many repair attempts have been made. 2+ failed attempts triggers replacement/refund rights.

Step 4: Respond in Writing

Provide written response within reasonable time with clear next steps.

If They File Suit Under Song-Beverly

  • Take it seriously - Song-Beverly is plaintiff-friendly and awards attorney's fees
  • Evaluate settlement early - Defense costs often exceed claim value
  • Document everything - Your repair attempts, communications, and inspection findings

Get Professional Help

Warranty claims can escalate quickly under California law. Get a professional response letter drafted on attorney letterhead.

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California Resources

  • Song-Beverly Act: Civil Code 1790-1795.8
  • Magnuson-Moss Warranty Act: 15 U.S.C. 2301-2312 (federal)
  • DCA Consumer Guide: dca.ca.gov - California warranty rights