15 U.S.C. § 2308
Section 2308 · Implied warranties
Amended 1 time on record
Applied in 128 court decisions — leading case 309 Ill. App. 3d 313 - Sorce v. Naperville Jeep Eagle, Inc. (1999)
Most recently applied in George Tershakovec v. Ford Motor Company, Inc. (July 2023)
Cases citing this section usually also cite 15 U.S.C. § 2301 · 15 U.S.C. § 2310 · 15 U.S.C. § 2304
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
No supplier may disclaim or modify (except as provided in subsection (b) of this section) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer with respect to such consumer Product, or (2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product.
For purposes of this chapter (other than section 2304(a)(2) of this title), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty.
A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this chapter and State law.