This article examines the tension between the Magnuson-Moss Warranty Act (MMWA) and the Federal Arbitration Act (FAA). Part I of this note provides background information on MMWA and FAA, as well as the Chevron doctrine of agency deference and the McMahon doctrine favoring arbitration. Part II examines the tensions between the conflicting statutes and doctrines, arguing the McMahon test should be applied before the Chevron test and that Congress intended to preclude binding arbitration. Part III argues that for any remaining questions regarding MMWA, deference should be given to the FTC interpretation of the MMWA. Part IV applies Chevron to the MMWA regulations and demonstrates that FTC interpretation should be given deference under both prongs. The note concludes by arguing that MMWA precludes binding arbitration, read in light of both Chevron and McMahon.
