[SprintTouch08]

well first off the Act is a moot argument because Sprint is providing the service under TEP- their own repair program. Warranty repair by defition would be mailing it in to HTC to be repaired.

Furthermore, I dont know how you can interpret the act that way. If you clearly alter the original product, how is the manufacturer responsible for that? Especially with an illegal/gray area operating system? So should they be responsible if you brick your phone with say a beta of Android? No. It wasnt an official and signed/approved release and neither are custom ROMs

Id more than bet there is a clause in the warranty that if you alter the product in any way hardware or software that the warranty is void. In fact the first bullet point of the warranty I dug out of my Touch box (same as Mogul) is: Product subjected to abnormal use or conditions, accident, mishandling, neglect, unauthorized alternation, misuse, improper installation or repair or improper storage;"

Id sure say any ROM not on HTC.com or sprint.com is unauthorized alternation of the device. More than the law being toothless, the individual would be more ignorant to argue installing illegal software as a rational in front of any judge. There is just no legal argument here against the verbiage in the warranty, nor does the Magnuson-Moss Act present any basis for argument because the warranty is VERY clear against alteration of the device..

I don't know where you went to law school from this, "then the onus is on the manufacturer to prove that your software change caused your hardware failure before they can deny you warranty coverage," but you clearly do not understand the burden of proof in a civil matter, which would lie on the plaintiff to prove entitlement to a judgment. The plaintiff would obviously be the consumer here- the manufacturer has to prove nothing what so ever i you cant make a case to show fault. Good luck arguing illegal software as a defense.