Section 42 Remedies

LibraryMotor Vehicle 2011

A consumer with a claim for breach of warranty under the MMW Act may sue for “damages and other legal and equitable relief.”
15 U.S.C. § 2310(d)(1). Courts look to state law to determine actual damages. On the other hand, claims for personal injury may not be brought under the Act. 15 U.S.C. § 2311(b)(2). The MMW Act does not provide for statutory damages, nor does it explicitly authorize punitive damages. But punitive damages may be available in a case brought under both the MMW Act and MMPA (Missouri’s...

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