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Topic: Magnuson Act


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In the News (Mon 16 Nov 09)

  
  Magnuson-Moss Warranty Act - Read the Magnuson-Moss Warranty Act here Part 1
It's also worth mentioning that this Act is designed to effect both the rights of consumers and the obligations of warrantors that are offering written warranties.
To understand the Act, it is probably best that the consumer be aware of Congress' intentions when they first passed it.
Because of this, the Act makes it easier for consumers to seek a private solution for any breach of warranty in the courts, but it also creates a foundation for companies to set up good operating procedures for resolving disputes inexpensively and informally, without litigation.
www.free-lemon-law-guide.com /the-magnusson-moss-act.php   (511 words)

  
  Magnuson Act - Wikipedia, the free encyclopedia
The Magnuson Act was an immigration law signed December 17, 1943 in the United States.
It allowed Chinese immigration for the first time since the Chinese Exclusion Act (United States) of 1882, and allowed Chinese nationals already residing in the country to become to become naturalized citizens.
Equality with other nations did not come until the Immigration Act of 1965, which removed all national quotas and permitted immigration from Asia on an equal footing for the first time.
en.wikipedia.org /wiki/Magnuson_Act   (174 words)

  
 MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT: Summary from Federal Wildlife Laws Handbook   (Site not responding. Last check: 2007-10-17)
The Act directs the Secretary of State, in cooperation with the Secretary, to negotiate with foreign nations to establish the boundaries of the EEZ in relation to the foreign nations.
The Act directs the Secretary, through the Secretary of State and the Secretary of the department in which the Coast Guard is operating, to attain international agreements to implement immediately the provisions of this section, particularly an international ban on large-scale driftnet fishing.
The Act, as amended in 1996, directs the Secretary to report annually to Congress and the Councils on the status of the fisheries within each Council's geographical area of authority and identify the fisheries that are overfished or approaching a condition of being overfished.
ipl.unm.edu /cwl/fedbook/magfish.html   (2915 words)

  
 Texas Lemon Law - Dallas Lawyer, The Federal Magnuson-Moss Act, Statutes, Refund, Replacement Vehicle, Motor Vehicles ...   (Site not responding. Last check: 2007-10-17)
The Act's provisions for private enforcement of rights and remedies must be read in conjunction with the rights, remedies and defenses of the Uniform Commercial Code.
The consumer must prove that (1) a warranty was made; (2) the warranty was breached; (3) an injury occurred; and (4) the breach of warranty proximately caused the injury.
Although the Act creates no new implied warranties, it both alters the ability of a seller to exclude them and provides a federal cause of action for their breach.
www.lemon-law-texas.com /magnuson_moss1.html   (1233 words)

  
 Magnuson-Stevens Act   (Site not responding. Last check: 2007-10-17)
The Magnuson-Stevens Fishery Conservation and Management Act is the governing authority for all fishery management activities that occur in federal waters within the United States 200 nautical mile limit, or Exclusive Economic Zone (EEZ).
Originally passed and signed into law in 1976, the Magnuson Act, as it was then called, established the U.S. 200 nautical mile limit and by implication legitimized a 200 nautical mile EEZ for all other maritime nations.
The Magnuson Act requires the U.S. Congress to periodically review or "reauthorize" the Magnuson Act to keep it current and to address new or persisting fishery management and conservation problems.
www.cdqdb.org /program/law/magsteve/magsteve.htm   (419 words)

  
 NOAA Fisheries Feature - Magnuson-Stevens Act
The Magnuson-Stevens Fishery Conservation and Management Act (MSA) is the primary law governing marine fisheries management in United States federal waters.
The Act was first enacted in 1976 and amended in 1996.
Most notably, the Magnuson-Stevens Act aided in the development of the domestic fishing industry by phasing out foreign fishing.
www.nmfs.noaa.gov /msa2005/index.html   (193 words)

  
 MAGNUSON Case
The Issue The Magnuson Fisheries Conservation Act of 1976 officially gave the federal government the authority to manage fisheries and claimed the area between 3 and 200 miles from shore (2 million square miles).
The act was designed by Congress to "re-Americanize fisheries by controlling or eliminating foreign fishing and to restore and conserve the fish." Today the effectiveness of the act is being challenged by a number of environmental groups, including Greenpeace.
Two of the key inventions of the Act was the development of a very large U.S. commercial fishing fleet and the creations of eight regional councils to set fishing limits and allocate the catches between competing fishermen.
www.american.edu /TED/MAGNUSON.htm   (1916 words)

  
 Magnuson Moss Act protects Consumers
Second, such provisions are deceptive under section 110 of the Act, because a warrantor cannot, as a matter of law, avoid liability under a written warranty where a defect is unrelated to the use by a consumer of ‘‘unauthorized’’ articles or service.
The Magnuson-Moss Act does not require manufacturers to provide a warranty, but sets specific rules when one is provided.
He feels the important point to make when using the Magnuson-Moss Act to combat the warranty issue is to make consumers understand that the burden of proof lies with the manufacturer.
www.syntheticwarehouse.com /Warranties_Magnuson.htm   (2584 words)

  
 Magnuson-Moss Act
Thus the Act only requires that when there is a written warranty, the warrantor clearly disclose the nature of his warranty obligation prior to the sale of the product.
Only warranties that meet the standards of the Act may be labeled as "full." One of the most important provisions of the Act prohibits a warrantor from disclaiming or modifying any implied warranty whenever any written warranty is given or service contract entered into.
To understand the Act, it is useful to be aware of Congress' intentions in passing it.
www.impalaclub.com /naisso/magmoss.htm   (2847 words)

  
 Lemon laws, Magnuson-Moss Act, Uniform Commercial Code - Protecting your rights   (Site not responding. Last check: 2007-10-17)
Although the Act does not require an automobile manufacturer to provide purchasers with a warranty, if a warranty is provided, the Act provides many protections for the consumer.
The Act is often useful in a lemon situation where, for some reason, a state Lemon Law claim is unavailable or otherwise unfavorable.
Magnuson Moss may also apply if you purchased or leased a used vehicle without a manufacturer's warranty, or if the vehicle is covered by a service contract or other form of extended warranty.
lemonhelpers.com /learn_about_lemon_laws.htm   (1498 words)

  
 Background Articles   (Site not responding. Last check: 2007-10-17)
The Magnuson Act, as it is often called, created federal authority to manage fisheries, and claimed the area between 3 and 200 miles from shore-- two million square miles of ocean-- as the Fishery Conservation Zone (later changed to the Exclusive Economic Zone, or EEZ) of the United States.
The Magnuson Act's failure to conserve the fish for the fishers is perhaps most symbolically tragic in New England, where much of the impetus for enacting the Magnuson Act originally occurred.
The Act directs that the councils be composed of "individuals who, by reason of their occupational or other experience, scientific expertise, or training, are knowledgeable regarding the conservation and management of the commercial or recreational harvest" of marine organisms.
www.seaweb.org /background/safina3.html   (6709 words)

  
 The Center for Auto Safety
The Act was designed to prevent manufacturers from drafting grossly unfair consumer warranties and to make it economically viable for consumers to bring warranty suits by providing for the award of attorney's fees.
The Act is effective July 4, 1975 and applies to goods manufactured after that date.
The Act applies to service contracts, defined as a written "contract to perform, over a fixed period of timeor for a specified duration, services relating to the maintenance repair of a consumer product".
www.autosafety.org /article.php?scid=116&did=748   (2118 words)

  
 MLM Law - Lawyer Grimes & Reese PLLC - Attorney Specializing in Multilevel Marketing - Understanding the Magnuson-Moss ...
To understand the Act, it is useful to be aware of Congress' intentions in passing it.
Thus, the Act makes it easier for consumers to pursue a remedy for breach of warranty in the courts, but it also creates a framework for companies to set up procedures for resolving disputes inexpensively and informally, without litigation.
The Act allows warranties to include a provision that requires customers to try to resolve warranty disputes by means of the informal dispute resolution mechanism before going to court.
www.mlmlaw.com /library/guides/ftc/warranties/undermag.htm   (2290 words)

  
 Magnuson Act   (Site not responding. Last check: 2007-10-17)
The Sustainable Fisheries Act amended the Magnuson-Stevens Act in 1996.
One of the novel features of the Magnuson Act is that it intends to maximize and encourage local-level participation and representative democracy.
The Magnuson Act involves power-sharing arrangements between regional management councils and the U.S. Department of Commerce, the home agency of the national Marine Fisheries Service (NMFS).
www.ccchfa.org /magnuson_act.htm   (634 words)

  
 Magnuson-Moss Act
Those rules require warrantors to title their written warranty as either “full” or “limited,” provide a single, clear and easy-to-read document that spells out certain information about coverage and ensure that warranties are available where the products are sold so that consumers can read them before buying.
In passing the Act, Congress meant to give consumers access to warranty information, let consumers comparison shop for warranties, encourage warranty competition and promote timely and complete performance of warranty obligations.
While the Magnuson-Moss Act does not require manufacturers to provide a written warranty, it provides specific rules when one is provided.
www.lubes-n-filters.com /newsletters/magnuson-moss.html   (642 words)

  
 EPA: Federal Register: Magnuson Act Provisions; Foreign Fishing; Fisheries off West Coast States and in the Western ...
Under the revised Magnuson-Stevens Act, the FMP must prevent overfishing, which is defined in the National Standard Guidelines (63 FR 24212, May 1, 1998) as exceeding the fishing mortality rate needed to produce the maximum sustainable yield (Fmsy).
The status of the resource is evaluated with regard to the Magnuson-Stevens Act standards, using the standards and criteria in Amendment 11 to the FMP.
Unless otherwise specified, size limits in the commercial and recreational groundfish fisheries apply to the longest measurement of the fish without mutilation of the fish or the use of force to extend the length of the fish.
www.epa.gov /fedrgstr/EPA-SPECIES/1999/January/Day-08/e34851.htm   (17738 words)

  
 Kingston Technology Company - Company Info - Magnuson-Moss Warranty Act
On occasion, Kingston hears reports that a computer system manufacturer's sales representative has told a customer (which could be an end user, reseller or integrator) that if the customer uses third party memory in the system manufacturer's computer system, the system manufacturer's warranty is voided.
They are specifically prohibited in the consumer market by section 102(c) of the Magnuson-Moss Warranty Act of 1975 (15 United States Code section 2302(c)).
When such "forcing" is present, competition on the merits in the market for the [memory module] is restrained and the Sherman Act is violated.
www.kingston.com /company/magnuson-moss.asp   (440 words)

  
 The Digital Library of the Commons
The Magnuson Act declared U.S. jurisdiction over all living marine resources within 200 miles of the U.S. coastline.
"...(T)he Magnuson Act of 1976 was instrumental in developing the groundfish fishing industry on the West Coast of the United States.
Copyrights on documents in the DLC are held by the author(s).
dlc.dlib.indiana.edu /archive/00000135   (242 words)

  
 American Indian and Cultural and Natural Resource Management #&149; The Law and Practice Regarding Federal Lands
The Magnuson Act delegated to the Secretary of Commerce the authority to set harvest levels in ocean fisheries located between three and two hundred nautical miles offshore, 16 U.S.C. The Magnuson Act also established regional Fishery Management Councils, which are charged with recommending to the Secretary of Commerce ocean harvest limits and salmon "escapement" levels.
The Magnuson Act, however, does not require the Secretary to follow a regional council's recommendations; he may reject them and, when necessary, promulgate 90-day emergency regulations in their stead.
The legislative history of the 1988 Act indicated that Congress was aware that each tribes' interest in their salmon fisheries was one of the principal assets.
www.hanford.gov /indian/pevar2001.html   (3558 words)

  
 [No title]   (Site not responding. Last check: 2007-10-17)
Stevens' bill also would add a new national standard to the Magnuson Act requiring that measures under the Act provide for the sustained participation of fishing communities.
Gorton complained that the original Magnuson Act was developed to "Americanize" the fisheries, while Stevens' measure "is not to Americanize but Alaskanize" the fisheries.
Under Stevens' bill the reauthorization lasts until September 30, 2000, and the study must be submitted to Congress for consideration before the next authorization of the Magnuson Act.
www.senate.gov /member/ak/stevens/releases/0328_mr   (894 words)

  
 A Businessperson's Guide to Federal Warranty Law
Similarly, the title "limited warranty" alerts consumers that the coverage does not meet at least one of the Act's standards, and that the coverage is less than "full" under the Act.
However, warranty advertising falls within the scope of the FTC Act, which generally prohibits "unfair or deceptive acts or practices in or affecting commerce." Therefore, it is a violation of the FTC Act to advertise a warranty deceptively.
In the language of the Act, warranties are "part of the basis of the bargain" Service contracts, on the other hand, are agreements that are separate from the contract or sale of the product.
www.ftc.gov /bcp/conline/pubs/buspubs/warranty.htm   (8544 words)

  
 www.MagnusonProducts.com - Magnuson Moss Warranty Act
(b) Prohibited acts It shall be a violation of section 45(a)(1) of this title for any person to fail to comply with any requirement imposed on such person by this chapter (or a rule there under) or to violate any prohibition contained in this chapter (or a rule there under).
For purposes of this section, only the warrantor actually making a written affirmation of fact, promise, or undertaking shall be deemed to have created a written warranty, and any rights arising there under may be enforced under this section only against such warrantor and no other person.
Magnuson Products, Inc. is not responsible for any unintentional omissions or typographical errors and reserves the right to make changes to packages, services, operating procedures, colors, materials, features, specifications, part numbers, pricing and to discontinue any products and/or components at any time without prior notice.
www.magnusonproducts.com /magnusonmoss.htm   (3669 words)

  
 About the Magnuson-Moss Warranty Act
(b) Prohibited acts It shall be a violation of section 45(a)(1) of this title for any person to fail to comply with any requirement imposed on such person by this chapter (or a rule thereunder) or to violate any prohibition contained in this chapter (or a rule thereunder).
For purposes of this section, only the warrantor actually making a written affirmation of fact, promise, or undertaking shall be deemed to have created a written warranty, and any rights arising thereunder may be enforced under this section only against such warrantor and no other person.
(2) Nothing in this chapter shall be construed to repeal, invalidate, or supersede the Federal Seed Act (7 U.S.C. 1551 et seq.) and nothing in this chapter shall apply to seed for planting.
www.thoroughbreddiesel.com /policies/magnuson-moss.htm   (3961 words)

  
 Magnuson-Moss Warranty Act   (Site not responding. Last check: 2007-10-17)
The Magnuson-Moss Warranty Act states that the written warranty must state clearly and in specific simple terms the conditions under which the warranty may not be valid.
Generally speaking the Magnuson-Moss Act encourages informal arbitration of the matter outside of the courts, but still maintains the consumer’s right to file suit for breach of warranty contract.
The Magnuson-Moss Warranty Act stipulates that the time period and number of visits to complete the repairs must be reasonable, or the warrantor is responsible for the replacement or refund of the product.
www.mach1review.com /Magnuson-MossWarrantyAct.html   (3273 words)

  
 Warranty - Federal Magnuson Moss Warranty Act   (Site not responding. Last check: 2007-10-17)
Federal Warranty Laws 1.The Magnuson-Moss Warranty Act (15 U.S.C. 2302(C)) This federal law regulates warranties for the protection of consumers.
Magnuson Moss Act FEARS: You want to upgrade your vehicle with aftermarket equipment, but you re worried about putting the vehicle s warranty at risk.
The Federal Magnuson-Moss Warranty Act Does Not Apply to Leased.....in three cases that the federal Magnuson-Moss Warranty Act does not apply to.....automobile...
www.officialwarrantysite.com /portal/federal-magnuson-moss-warranty-act.html   (256 words)

  
 PCFFA Magnuson Act Testimony - Jan. 2000
PCFFA represents working men and women in the west coast commercial fishing fleet – mainly owner/operators in the small to mid-size vessel fleet, the “family fishermen.” It is the largest commercial fishermen’s organization on the U.S. west coast.
We are resigned to the fact that we will have to keep amending the Magnuson Act until, as former Congressman Studds’ has stated, “they finally get it right.” PCFFA is a member of the Marine Fish Conservation Network (MFCN) and is working with that coalition on proposed Magnuson Act amendments for this reauthorization round.
Whether it is done under the Magnuson Act or some other action, the trawl fleet needs to be reduced by at least half of its fishing capacity and half of the active fleet of boats.
www.pcffa.org /fcma1.htm   (2773 words)

  
 Congressman Barney Frank - Representing the 4th District of Massachusetts
Indeed, as shown by the fact that she rejected an agreement joined by one of the major plaintiffs that would have produced less severe restrictions on the industry, the Judge's decision goes far beyond what the law requires.
Specifically, had I spoken earlier of the need to amend the Magnuson Act, some of the plaintiffs, whose hostility to the fishing industry far exceeds anything required by reasonable environmentalism, might have sought to argue that I was implicitly conceding that the Magnuson Act required the kind of Draconian action that Judge Kessler mistakenly ordered.
I will be testifying on May 2 before the subcommittee of the Committee on Resources which is considering this Act, and I will make sensible amendment of the Magnuson Act one of my highest priorities for the rest of the Congressional session.
www.house.gov /frank/magnuson02.html   (597 words)

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