Reviewed by Nick Movagar, Founder & Attorney, American Lemon Law Group · Last updated August 2026
Key Takeaways
- The Song-Beverly Consumer Warranty Act is California state law. The Magnuson-Moss Warranty Act, 15 U.S.C. sections 2301 to 2312, is federal law that applies nationwide.
- For most California drivers, Song-Beverly is the stronger claim. It carries the lemon law presumption, a defined buyback formula, and a civil penalty of up to two times your damages.
- Magnuson-Moss covers any consumer product sold with a written warranty, which makes it broader but less specific.
- Under Song-Beverly, a prevailing consumer’s attorney fees are mandatory. Under Magnuson-Moss the court has discretion.
- In practice the two are usually filed together, not chosen between.
- Magnuson-Moss matters most where Song-Beverly no longer reaches, particularly used vehicles after the Rodriguez v. FCA ruling.
People researching a defective vehicle usually run into two names and assume they have to pick one. You do not. California drivers have both a state warranty law and a federal one, and in most real cases an attorney will use both.
Still, the two are not equivalent, and understanding where they differ tells you a great deal about how strong your position is.
The Two Laws in One Sentence Each
Song-Beverly Consumer Warranty Act. California’s own warranty law, passed in 1970, giving buyers and lessees the right to a refund, replacement, or repair when a manufacturer cannot fix a defective product covered by warranty. Our full guide to the Song-Beverly Act in California covers it in depth.
Magnuson-Moss Warranty Act. The federal consumer warranty statute, enacted in 1975 and codified at 15 U.S.C. sections 2301 to 2312. It regulates written warranties on consumer products sold anywhere in the United States.
One is specific to California and, for vehicles, unusually detailed. The other is national and deliberately broad.
Where Song-Beverly Is Stronger
It tells you when you have won
The Tanner Consumer Protection Act, added to Song-Beverly in 1982 and codified at Civil Code section 1793.22, created the lemon law presumption. It defines when a reasonable number of repair attempts has been made for vehicles, using thresholds tied to 18 months or 18,000 miles from delivery.
That matters more than it sounds. Federal law asks whether the warrantor had a reasonable opportunity to repair, and leaves reasonable undefined. California gives you a benchmark to point at.
It tells you what you get
Song-Beverly sets out a buyback formula. You recover your down payment, monthly payments, loan payoff, taxes, registration and incidental costs, reduced only by a mileage offset calculated from the miles driven before your first repair visit. See our California lemon law buyback guide.
Magnuson-Moss provides for damages but not that arithmetic. What you recover is argued rather than calculated.
It punishes stonewalling
If a manufacturer willfully refuses to comply, Civil Code section 1794 allows a civil penalty of up to two times your actual damages. On a substantial claim that penalty can be the largest single component of the recovery. The federal statute has no equivalent. Our page on lemon law civil penalties explains how willfulness is established.
Attorney fees are mandatory, not discretionary
Both statutes let a winning consumer recover legal fees, which is why lemon law firms can work on contingency. The difference is the wording. Under Civil Code section 1794(d) a prevailing consumer’s reasonable fees and costs are recoverable as a matter of course. Under 15 U.S.C. section 2310(d)(2) the court may award fees, which gives judges more room to reduce or decline them.
Where Magnuson-Moss Reaches Further
It is not limited to vehicles
Magnuson-Moss covers consumer products generally, so long as they were sold with a written warranty. Appliances, electronics, furniture and equipment all fall within it. Song-Beverly also covers consumer goods, but its most developed machinery, the lemon law presumption and buyback formula, is written for vehicles.
It can cover used vehicles that state law no longer reaches
This is the most practically important difference right now.
Following the California Supreme Court ruling in Rodriguez v. FCA, used vehicles carrying only an unexpired portion of the original manufacturer’s warranty are no longer eligible for lemon law remedies under Song-Beverly, unless they were sold as Certified Pre-Owned with a new car warranty issued at the time of sale.
That closed a door for a lot of used car buyers. Magnuson-Moss can still apply where a written warranty was offered, which is why it is now the route worth examining for those buyers. It is not as generous as Song-Beverly, but it is considerably better than nothing. See our page on Lemon Law for certified pre-owned vehicles.
It opens a federal forum
Because Magnuson-Moss is federal, it provides an alternative jurisdictional path. That is a tactical consideration your attorney weighs rather than something you need to decide, but it is one reason the federal claim is routinely included.
Side by Side
| Song-Beverly (California) | Magnuson-Moss (Federal) | |
|---|---|---|
| Applies | California only | Nationwide |
| Covers | Consumer goods, with detailed vehicle provisions | Any consumer product sold with a written warranty |
| Repair-attempt standard | Defined presumption tied to 18 months or 18,000 miles | Reasonable opportunity, not numerically defined |
| Buyback formula | Set out in statute | Damages, argued case by case |
| Civil penalty | Up to 2× damages for willful violations | No equivalent |
| Attorney fees | Recoverable by a prevailing consumer | Court may award, at its discretion |
| Used vehicles | Narrowed after Rodriguez v. FCA | Possible where a written warranty was given |
So Which One Protects You?
For a California driver with a new or Certified Pre-Owned vehicle still under the manufacturer’s warranty, Song-Beverly is almost always the stronger claim. It defines the standard, sets the arithmetic, and adds a civil penalty the federal statute cannot match.
Magnuson-Moss becomes the important one when your vehicle sits outside Song-Beverly’s reach, most commonly a used vehicle bought with the balance of the original warranty rather than as CPO.
In practice this is rarely a choice you make. Both claims are usually pleaded together, and which one carries the case is worked out from your paperwork. If you are unsure which describes your situation, our page on whether you qualify under the lemon law is a good starting point.
Frequently Asked Questions
Do I have to choose between state and federal law?
No. In California lemon law cases the federal Magnuson-Moss claim is almost always pleaded alongside the state Song-Beverly claim. The federal claim provides an alternative jurisdictional path and a backstop where state coverage is unclear.
Which one pays more?
Usually Song-Beverly, for two reasons: it sets out a buyback formula rather than leaving damages to be argued, and it allows a civil penalty of up to two times your actual damages where the manufacturer’s refusal was willful. Federal law has no equivalent penalty.
Does Magnuson-Moss cover used cars?
It can, where the used vehicle was sold with a written warranty. This matters because Song-Beverly no longer reaches used vehicles carrying only the unexpired balance of the original manufacturer’s warranty, following Rodriguez v. FCA. Whether a federal claim works in your case depends on the warranty documents.
Does Magnuson-Moss cover things other than vehicles?
Yes. It applies to consumer products generally where a written warranty was given, including appliances, electronics and equipment. Song-Beverly also covers consumer goods, but its most detailed provisions were written for vehicles.
Will I have to pay legal fees under either law?
Both statutes allow a prevailing consumer to recover attorney fees, which is why these cases are taken on contingency. Under Civil Code section 1794(d) recovery is the norm for a prevailing consumer. Under 15 U.S.C. section 2310(d)(2) the court has discretion. Either way you do not pay out of pocket.
How do I know which law applies to me?
It turns on what you bought, how it was warranted, and when the problems began. That is a document question rather than a judgement call, and a short review of your purchase agreement and repair orders will normally answer it.
Not Sure Which Law Covers Your Vehicle?
Send us your purchase agreement and repair records. We will tell you which claim fits, whether you have a case, and what it is likely to be worth. No cost, no obligation.
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