An Act Concerning Implied Warranties Of Merchantability And The Return Of Consumer Goods.
Impact
If enacted, HB05224 would greatly impact state consumer protection laws by reinforcing the rights of consumers regarding retail purchases. This would provide consumers with stronger assurances about the quality of the products sold to them, mandating that sellers replace non-merchantable goods with substantially similar items. Furthermore, it limits the ability of sellers to impose terms that would exempt them from responsibility concerning implied warranties.
Summary
House Bill 05224 seeks to establish clearer rules regarding the implied warranties of merchantability for retail goods. The bill specifies that goods sold at retail are presumed to have a warranty of merchantability if sold by a merchant. This warranty ensures that goods pass without objection, are fit for their ordinary purpose, and conform to any representations made by the seller. The legislation aims to clarify the rights of consumers in relation to the quality and functionality of products they purchase.
Contention
The bill could provoke contention among retailers, particularly those who may see it as an additional regulatory burden. Some retailers may argue that it restricts their ability to manage return policies and might incite confusion among customers who might not understand the implications of the warranty. Moreover, provisions that prevent sellers from limiting consumer remedies through contractual language could lead to debates over business practices in retail, potentially drawing the attention of legislative committees concerned with balance in consumer protection versus business interests.
An Act Concerning The Attorney General, The Banking Commissioner, The Dodd-frank Wall Street Reform And Consumer Protection Act And Telephonic Sales Calls For Soliciting Consumer Goods Or Services.