Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the Manguson Moss Warranty Act, they have to make repairs in accordance with the terms written in the warranty within a "reasonable time." What is reasonable is a subjective determination for the court, but it depends on the type of repair required and availability of parts and technicians.
Your next step here, since in general anything more than 30 days is unreasonable, is to send a letter to BOTH Ashley and Guardsman stating that you are notifying them that they are in breach of warranty and also violating the Manguson Moss Warranty Act (Federal Law) by failure to make reasonable and timely repairs under the terms of their warranty contract. Tell them this is their final notice to cure and they have 14 days to complete repairs and return the repaired section or you will file a complaint with the state attorney general, as provided for in the MMWA, and will seek damages from them for breach of contract.
You need to do this by letter, not phone or email, since the letter will create a record of the communication putting them on notice.
If they fail to respond, then you would need to file your complaint with the attorney general and pursue your complaint through them.