Q: Do the consumer protections in California Civ. Code § 1793.1 apply to out-of-state purchasers buying from CA businesses?
Specifically, paragraph (2) states, "...A buyer of this product in California has the right to have this product serviced or repaired during the warranty period. The warranty period will be extended for the number of whole days that the product has been out of the buyer’s hands for warranty repairs. If a defect exists within the warranty period, the warranty will not expire until the defect has been fixed. ..."
I live in another state (Colorado) but purchased an online product from a California business. Does this provision apply? If not, would Colorado consumer protection laws apply?
A: The purchase documents may specify whether California's warranty laws apply. However, both CA and CO have adopted the UCC. Article 2 of the UCC details the express warranties that accompany the sale of goods. So, for purposes of express warranties, there may be little difference between CA and CO. An actual analysis of the laws of each forum would need to be performed to make an informed conclusion, and that is beyond the scope of Justia. Also, check your purchase documents to see if there is specificity on application/choice of laws.
A: If you have a warranty, you have a right to get your item repaired under that warranty. The code section you have pointed out is part of the CA lemon law, which is not likely to be enforced in Colorado, but, anything is possible. Good luck with it!
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