Advisory opinion letter to Mr. London

President

Magnuson- Moss Warranty - Act-Compliance of Microfiche System with 16 CFR 702.

Opi'nion Letter
November 16 1976
Dear Mr. London:

88 F.

This is in response to your request for an advisory opinion concerning compliance with the Commission s Rule on Pre-Sale Avail!bility of Written Warranty Terms, 16 CFR 702. Specifically you ask whether a microfiche reader system would satisfy Part 702.3(a)(I)(ii), which requires a retailer to maintain a binder " or (other J similar system * * *" giving consumers "convenient access to * * * warranties. 16 CFR 702. 1(g).

Under the system you propose, warranties on consumer products would be reproduced on microfiche cards. A microfiche "reading" machine, or viewer, would display on its viewing screen the warranty from the greatly reduced photographs on the card. To examine a particular warranty a consumer need only place the appropriate part of the card over the viewer lens.

The Commission has carefully considered the matters set forth in your letter. It is the Commission s conclusion that the pre-sale availability system you propose would satisfy the Commission s Rule if: (1) the warranties appear on separate microfiche cards which contain all. warranties for a given product class, and only that product class (e. vacuum cleaners), and which do not contain any other product information; in addition , these cards must be properly indexed for consumer use;

(2) simple, complete instructions for use of the system are posted on each microfiche viewer; and (3) personnel in each selling establishment familiar with the operation of the system are available to assist consumers should the need arise.

These conditions must be met to ensure that consumers have "convenient access" to warranties, unhindered by non-warranty information or lack of familiarity with the operation of microfiche systems. By direction of the Commission.

Letter of Reqlwst