Consequences for business failing to fulfil CA Code 1793.03

Question

As part of the Song-Beverly Consumer Warranty act, California Code 1793.03 establishes minimum periods for which manufacturers of goods sold in California must make parts and literature available to repair facilities (emphasis mine):

(a) Every manufacturer making an express warranty with respect to an electronic or appliance product described in subdivision (h), (i), (j), or (k) of Section 9801 of the Business and Professions Code, with a wholesale price to the retailer of not less than fifty dollars ($50) and not more than ninety-nine dollars and ninety-nine cents ($99.99), shall make available to service and repair facilities sufficient service literature and functional parts to effect the repair of a product for at least three years after the date a product model or type was manufactured, regardless of whether the three-year period exceeds the warranty period for the product.

(b) Every manufacturer making an express warranty with respect to an electronic or appliance product described in subdivision (h), (i), (j), or (k) of Section 9801 of the Business and Professions Code, with a wholesale price to the retailer of one hundred dollars ($100) or more, shall make available to service and repair facilities sufficient service literature and functional parts to effect the repair of a product for at least seven years after the date a product model or type was manufactured, regardless of whether the seven-year period exceeds the warranty period for the product.

1793.2 requires that manufacturers which warranty their products must maintain repair facilities (either their own or contracted by a third party), and provide adequate parts and literature to these facilities, so that products can be repaired during the express warranty period.

1793.3 establishes a consumer's rights when a manufacturer fails to maintain repair facilities or provide parts during the express warranty period as required by 1793.2. In brief, the retailer or manufacturer must repair, replace, or refund the product, or reimburse for repairs provided by a third party.

A hypothetical scenario

Imagine that the ACME company manufactured a television, the "ACME TV", from 2020 to 2021, with the last unit sold in 2022. This TV was sold for $500 and came with a 1-year warranty. It qualifies under 1793.03, meaning that the manufacturer is required to make parts and service literature available for 7 years after manufacture (until 2028).

By 2024, the 1-year warranties for all ACME TVs have expired. A consumer, Tom, accidentally damages his TV and wants to get it repaired. However, when Tom contacts the manufacturer to find an authorized repair facility, he learns that ACME no longer has parts available for the ACME TV and there is no authorized repair facility that can effect repairs.

In summary, ACME has failed to fulfil its obligations under 1793.03, but not within the express warranty period.

My Questions

1. Am I correct in thinking that, because the TV is now outside of the express warranty, Tom is not protected by 1793.3?
2. Does CA code provide any recourse for Tom?
3. Does CA code establish any legal consequences for ACME?

Answer 1

Well

1. Is Tom protected by 1793.3 since the TV is outside of the express warranty?

No, Tom is not protected by Section 1793.3 because that section applies only during the express warranty period. In Tom's case, the express warranty was one year and has expired by 2024. Thus, Tom cannot claim any rights under 1793.3, which covers situations where a manufacturer fails to provide repair services, parts, or repair facilities during the express warranty period.

2. Does California law provide any recourse for Tom?

Yes, California law may still provide recourse for Tom under Section 1793.03, which mandates that manufacturers provide repair parts and literature for at least seven years for products with a wholesale price of $100 or more. Since the ACME TV qualifies under this section, ACME is required to provide parts until 2028. Even though the express warranty has expired, Tom could have a claim based on ACME’s failure to provide repair parts, as this is a separate obligation from the express warranty.

Tom might be able to pursue legal action for ACME's violation of 1793.03 and potentially recover damages or other remedies due to the company's non-compliance with the statute.

3. Does California law establish any legal consequences for ACME?

Yes, if ACME fails to comply with its obligations under Section 1793.03, it could face legal consequences. California’s Song-Beverly Consumer Warranty Act allows consumers to sue for breach of warranty obligations, and failure to provide parts as required could result in ACME being liable for damages, which might include the cost of repair, replacement, or possibly a refund of the product’s purchase price.

Additionally, a court may impose civil penalties if ACME's violation is found to be willful. Under the Song-Beverly Act, penalties for willful violations can be up to two times the actual damages awarded to the consumer.