Texas House Bill HB3988

Texas 2019 - 86th Regular

Caption

Relating to the filing fee for a complaint concerning the failure of a manufacturer, converter, or distributor to conform a motor vehicle to certain express warranties.

Impact

The implications of HB3988 are primarily focused on enhancing consumer rights and providing a clearer path for individuals who believe they have been wronged by manufacturers regarding warranty issues. By ensuring that the non-prevailing party pays the filing fee, the bill helps mitigate the financial risks associated with bringing complaints forward, potentially encouraging more consumers to assert their rights. This reform is designed to create a more equitable process in the resolution of warranty disputes, allowing consumers to pursue claims without the fear of incurring prohibitive costs.

Summary

House Bill 3988 aims to amend existing legislation concerning the filing fee for complaints against manufacturers, converters, or distributors regarding their failure to conform motor vehicles to certain express warranties. The bill specifically updates Section 2301.712(b) of the Occupations Code, clarifying that if the complainant prevails in a case, the non-prevailing party is required to reimburse the filing fee associated with the complaint. This change is significant as it directly affects the cost burden on consumers seeking redress for warranty-related issues with motor vehicles.

Contention

Despite its consumer-friendly approach, the bill may face contention from manufacturers who could view this as an increase in liability related to warranty complaints. Concerns may arise that the requirement to reimburse filing fees could incentivize frivolous lawsuits or increased legal action against manufacturers, thereby potentially leading to higher operating costs that could be passed down to consumers. Opponents may argue that the bill could create an imbalance in the legal responsibilities between consumers and manufacturers, complicating the warranty claim process rather than simplifying it, which could lead to longer resolution times in disputes.