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Rebutting Service Plan Defenses including Preexisting Cause Defense Using the FTC Holder Rule 455.3

Posted by Howard Gutman | Aug 16, 2026 | 0 Comments

Problem 

You purchase a used car and buy an expensive warranty.  Two weeks after purchase, the engine fails and you contact the dealer and the warranty company.  The dealer says repair is the warranty company's problem, they say coverage is excluded because this was a preexisting condition.  What do you do?  You have various arguments, doctrine of reasonable expectations, deception by dealer, Magnuson-Moss language requiring a clear statement of coverage, but we will examine a separate one here, the FTC Used Car Rule.       


Sometimes called the window sticker rule, the FTC requires used car dealers to provide certain disclosures. 

455.3 FTC Window form.

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(a) Form given to buyer.  Give the buyer of a used vehicle sold by you the window form displayed under § 455.2 containing all of the disclosures required by the Rule and reflecting the warranty coverage agreed upon. If you prefer, you may give the buyer a copy of the original, so long as that copy accurately reflects all of the disclosures required by the Rule and the warranty coverage agreed upon.

(b) Incorporated into contract.  The information on the final version of the window form is incorporated into the contract of sale for each used vehicle you sell to a consumer. Information on the window form overrides any contrary provisions in the contract of sale. To inform the consumer of these facts, include the following language conspicuously in each consumer contract of sale:

The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale.

1. Legal Argument the Problem of Conflict 

Let's assume the window sticker says, or can reasonably be interpreted as stating the warranty begins at the time of sale.  Then if the warranty provides for such coverage, can the warranty company or dealer say coverage begins 30 days after sale.  Where there is a conflict, the federal rule says the window sticker overrides contrary provisions in the contract.  

2. Other Arguments

This can be coupled with other arguments.  Note the exclusion is not stated is advertisements.  If this is a larger company with TV advertising, contrast the advertisement promising broad coverage with the actual policy riddled with exclusions and loopholes.     
  


PROBLEM WITH A CAR WARRANTY, CALL 973 598-1980 for a Free Consultation 

About the Author

Howard Gutman

Howard Gutman has been fighting for consumer rights and representing commercial interests for over 20 years. Нe has a deep knowledge of fraud, consumer, warranty, and lemon law, and will handle your case with honesty and experience.

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