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Consumer Protection GOING UP IN SMOKE!

Submitted By:  Eloy Fierro, The Repair Group, Inc.

America is being duped! Many brands of PLASMA, LCD, DLP TV’S and other electronic and appliance products are on sales floors and the consumer is not being advised on the lack of support for the product that they purchased.

No doubt some consumers believe they are benefiting from the low prices but are they aware of the trouble that looms in the horizon?

Service dealers across the State who repair consumer products have been struggling to make cost effective repairs, and obtain parts and service literature to keep consumer products working.  More and more service dealers are being told by manufacturers that parts are not available or support is non-existent.  California law protects consumers on consumer electronic and appliance products by requiring manufacturers to ensure that parts and service is available for up to 7 years from the date of purchase of the product.  This vital law, called Song Beverly Consumer Warranty Act (SBCWA), makes the retailer and manufacture responsible to ensure consumers, who purchase these products, can get their products repaired if needed in the State of California.

SBCWA (see Civil Code Section – 1793.3) protects consumer by requiring the manufacturer to provide service and repair facilities within the State and replacements parts and service literature to effect repairs for products with express warranties. This is where the independent servicer is important to the consumer and manufacturer for those repairs.  Manufacturers who don’t provide a means for consumers to have their products repaired leave the consumer with a product that is destined for the landfill.  SBCWA states that a consumer can return the product to the retailer for repair, refund or exchange if repairs are not available.   If a consumer is unable to get their products repaired the consumer can return the product to the retailer or manufacturer for a refund or replacement. 

  The service industry has a responsibility to provide the best possible service in an expedient manner for the consumer. It is becoming a nightmare when parts are not available under warranty let alone within the 7 year period. Consumers are left holding the bag and the independent service industry often takes the blame for the failure to service the product.  In San Diego California, a reputable service dealer recently received fifty newer plasma and LCD televisions (various manufacturers) for service in his service center.  The sets are about 2 years old and no longer covered under the manufacture warranty (usually 1 year).  Thirty seven of the TV’s cannot be repaired due to the unavailability of the parts or the cost of the part far exceeds the purchase price of the TV. Multiply that figure by 9000 registered service companies and we can start getting an idea how bad the situation is.  For the owners of those products, most of them will need to purchase a new set at a higher cost than what a repair would have been. 

Some name brand companies are complying with the laws in California and supporting their customers, however, they are experiencing profit erosion competing with many other companies that do not.

 This growing problem is placing responsible manufactures along with service dealers in an unfair business climate.

We are compiling numerous infractions on non-compliant manufactures to present to the CAG office for their review and enforcement. The Bureau of Electronic and Appliance Repair is aware of the problem. The Song-Beverly Consumer Protection Act is a civil matter governed by the California Attorney General.

The following links are for the Industry and public to understand their rights under California law.

For more information go to:
For Song Beverly Consumer Warranty Act: http://www.leginfo.ca.gov/
(You will need to navigate to Civil Code and enter Section 1790 – 1798)For BEAR Rules and Regulations:  http://www.bear.ca.gov/

For California Attorney General: http://www.ag.ca.gov/
 
Next article will be “Cost of repairs and parts”

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