Page:United States Statutes at Large Volume 88 Part 2.djvu/876

 2192

28 USC app.

PUBLIC LAW 93-637-JAN. 4, 1975

[88 STAT.

under subsection (d) for breach of any written or implied warranty or service contract, such reasonable opportunity will be afforded by the named plaintiffs and they shall at that time notify the defendant that they are acting on behalf of the class. I n the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure, (f) For purposes of this section, only the warrantor actually making a written affirmation of fact, promise, or undertaking shall be deemed to have created a written warranty, and any rights arising thereunder may be enforced under this section only against such warrantor and no other person. E F F E C T ON OTHER LAWS

15 USC 2311.

gj,Q_ i]^]^2. (a)(1) Nothing contained in this title 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 title shall be construed to repeal, invalidate, or supersede the Federal Seed Act (7 U.S.C. 1551-1611) and nothing in this title shall apply to seed for planting. (b)(1) Nothing in this title shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law. (2) Nothing in this title (other than sections 108 and 104(a)(2) and (4)) 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)(1) Except as provided in subsection (b) 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 102, 103, and 104 (and rules implementing such sections), and (C) which is not identical to a requirement of section 102, 103, or 104 (or a rule thereunder), shall not be applicable to written Avarranties 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 109) that any requirement of such State covering any transaction to which this title applies (A) affords protection to consumers greatev than the requirements of this title and (B) does not unduly burden interstate commerce, then such State requirement shall be a]3plicablc (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) This title (other than section 102(c)) 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 title. EFFECTIVE

15 USC 2312.

DATE

S^f.. 112. (a) Except as provided in subsection (b) of this section, this title shall take effect 6 months after the date of its enactment but shall not apply to consumer products manufactured prior to such date.

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