§ 2311. — Applicability to other laws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2311]
TITLE 15--COMMERCE AND TRADE
CHAPTER 50--CONSUMER PRODUCT WARRANTIES
Sec. 2311. Applicability to other laws
(a) Federal Trade Commission Act and Federal Seed Act
(1) Nothing contained in this chapter shall be construed to repeal,
invalidate, or supersede the Federal Trade Commission Act [15 U.S.C. 41
et seq.] or any statute defined therein as an Antitrust Act.
(2) Nothing in this chapter shall be construed to repeal,
invalidate, or supersede the Federal Seed Act [7 U.S.C. 1551 et seq.]
and nothing in this chapter shall apply to seed for planting.
(b) Rights, remedies, and liabilities
(1) Nothing in this chapter shall invalidate or restrict any right
or remedy of any consumer under State law or any other Federal law.
(2) Nothing in this chapter (other than sections 2308 and 2304(a)(2)
and (4) of this title) shall (A) affect the liability of, or impose
liability on, any person for personal injury, or (B) supersede any
provision of State law regarding consequential damages for injury to the
person or other injury.
(c) State warranty laws
(1) Except as provided in subsection (b) of this section and in
paragraph (2) of this subsection, a State requirement--
(A) which relates to labeling or disclosure with respect to
written warranties or performance thereunder;
(B) which is within the scope of an applicable requirement of
sections 2302, 2303, and 2304 of this title (and rules implementing
such sections), and
(C) which is not identical to a requirement of section 2302,
2303, or 2304 of this title (or a rule thereunder),
shall not be applicable to written warranties complying with such
sections (or rules thereunder).
(2) If, upon application of an appropriate State agency, the
Commission determines (pursuant to rules issued in accordance with
section 2309 of this title) that any requirement of such State covering
any transaction to which this chapter applies (A) affords protection to
consumers greater than the requirements of this chapter and (B) does not
unduly burden interstate commerce, then such State requirement shall be
applicable (notwithstanding the provisions of paragraph (1) of this
subsection) to the extent specified in such determination for so long as
the State administers and enforces effectively any such greater
requirement.
(d) Other Federal warranty laws
This chapter (other than section 2302(c) of this title) shall be
inapplicable to any written warranty the making or content of which is
otherwise governed by Federal law. If only a portion of a written
warranty is so governed by Federal law, the remaining portion shall be
subject to this chapter.
(Pub. L. 93-637, title I, Sec. 111, Jan. 4, 1975, 88 Stat. 2192.)
References in Text
The Federal Trade Commission Act, referred to in subsec. (a)(1), is
act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of
this title. For complete classification of this Act to the Code, see
section 58 of this title and Tables.
The Antitrust Acts, referred to in subsec. (a)(1), are defined in
section 44 of this title.
The Federal Seed Act, referred to in subsec. (a)(2), is act Aug. 9,
1939, ch. 615, 53 Stat. 1275, as amended, which is classified generally
to chapter 37 (Sec. 1551 et seq.) of Title 7, Agriculture. For complete
classification of this Act to the Code, see section 1551 of Title 7 and
Tables.
