2 days ago
ACCC alleges caravan retailer made misleading ads about 'off-road' RVs
The Australian Competition and Consumer Commission (ACCC) has commenced legal action in the Federal Court against a well-known caravan manufacturer for allegedly misleading ads for some of its RV models.
It is alleged since January 2020 Jayco Corporation Pty Ltd (Jayco) - Australia's largest caravan and recreational vehicle manufacturer - represented its Outback, All Terrain and CrossTrak RVs as being designed and suitable for use off-road and/or on 4WD tracks.
But the consumer watchdog alleges those particular RVs are not - something the caravan manufacturer denies.
Read more in The Senior:
In documents tendered to the court, it's alleged Jayco had been advertising the RVs depicted on terrain (like river beds) they weren't designed for, and distributed via "multiple channels" - like its Instagram and Facebook pages, digital advertising and brochures, as well as 4WD trade shows.
A Jayco spokesperson told The Senior the company had been engaged with the ACCC for nearly 20 months and had provided detailed submissions and documentation.
"Jayco categorically denies that any of its advertising or promotional materials misrepresented or misled consumers about the off-road capabilities of its Outback, CrossTrak and All Terrain recreational vehicles (RVs), when compared to the terms of the Jayco Warranty or otherwise," they said.
The court documents reveal the ACCC claims Jayco's warranty excludes the use of the RVs on 4WD only tracks and "certain other terrain" - with consumers not covered from damage caused by terrain such as beaches or unsealed roads.
"The warranty did not cover damage resulting from water crossings, damage caused by dislodgement of fittings resulting from use on corrugated or uneven surfaces," the ACCC said.
"Or any damage resulting from use on roads and tracks described as unsuitable, including 4WD only track."
In the court documents, the ACCC allege Jayco made false and misleading claims because they never "disclose or adequately disclose" in its promotional material that the RVs were not designed for off-road or 4WD track use.
They also allege Jayco never told customers in the promotional material they would not be covered under the warranty if they took the vehicle onto those roads.
During the period, the ACCC alleged Jayco was misleading consumers, the RVs had a price tag from approximately "$19,000 to $113,000 depending on model and option", the court document states.
The ACCC also alleges consumers "suffered harm" if they purchased an RV based on the representations made to them.
"Jayco has deprived consumers of the opportunity to make purchasing decisions based on the design capabilities of the RVs," it said.
"Which may have resulted in the purchase of alternative products, including products suitable for their needs."
Jayco's spokesperson added the manufacturer will "vigorously defend the claims and seek to vindicate its reputation".
"Jayco will continue to stand behind its products, its Warranty, its people and its customers as it defends the claims through the legal process," they said.
Share your thoughts in the comments below, or send a Letter to the Editor by CLICKING HERE.
.
The Australian Competition and Consumer Commission (ACCC) has commenced legal action in the Federal Court against a well-known caravan manufacturer for allegedly misleading ads for some of its RV models.
It is alleged since January 2020 Jayco Corporation Pty Ltd (Jayco) - Australia's largest caravan and recreational vehicle manufacturer - represented its Outback, All Terrain and CrossTrak RVs as being designed and suitable for use off-road and/or on 4WD tracks.
But the consumer watchdog alleges those particular RVs are not - something the caravan manufacturer denies.
Read more in The Senior:
In documents tendered to the court, it's alleged Jayco had been advertising the RVs depicted on terrain (like river beds) they weren't designed for, and distributed via "multiple channels" - like its Instagram and Facebook pages, digital advertising and brochures, as well as 4WD trade shows.
A Jayco spokesperson told The Senior the company had been engaged with the ACCC for nearly 20 months and had provided detailed submissions and documentation.
"Jayco categorically denies that any of its advertising or promotional materials misrepresented or misled consumers about the off-road capabilities of its Outback, CrossTrak and All Terrain recreational vehicles (RVs), when compared to the terms of the Jayco Warranty or otherwise," they said.
The court documents reveal the ACCC claims Jayco's warranty excludes the use of the RVs on 4WD only tracks and "certain other terrain" - with consumers not covered from damage caused by terrain such as beaches or unsealed roads.
"The warranty did not cover damage resulting from water crossings, damage caused by dislodgement of fittings resulting from use on corrugated or uneven surfaces," the ACCC said.
"Or any damage resulting from use on roads and tracks described as unsuitable, including 4WD only track."
In the court documents, the ACCC allege Jayco made false and misleading claims because they never "disclose or adequately disclose" in its promotional material that the RVs were not designed for off-road or 4WD track use.
They also allege Jayco never told customers in the promotional material they would not be covered under the warranty if they took the vehicle onto those roads.
During the period, the ACCC alleged Jayco was misleading consumers, the RVs had a price tag from approximately "$19,000 to $113,000 depending on model and option", the court document states.
The ACCC also alleges consumers "suffered harm" if they purchased an RV based on the representations made to them.
"Jayco has deprived consumers of the opportunity to make purchasing decisions based on the design capabilities of the RVs," it said.
"Which may have resulted in the purchase of alternative products, including products suitable for their needs."
Jayco's spokesperson added the manufacturer will "vigorously defend the claims and seek to vindicate its reputation".
"Jayco will continue to stand behind its products, its Warranty, its people and its customers as it defends the claims through the legal process," they said.
Share your thoughts in the comments below, or send a Letter to the Editor by CLICKING HERE.
.
The Australian Competition and Consumer Commission (ACCC) has commenced legal action in the Federal Court against a well-known caravan manufacturer for allegedly misleading ads for some of its RV models.
It is alleged since January 2020 Jayco Corporation Pty Ltd (Jayco) - Australia's largest caravan and recreational vehicle manufacturer - represented its Outback, All Terrain and CrossTrak RVs as being designed and suitable for use off-road and/or on 4WD tracks.
But the consumer watchdog alleges those particular RVs are not - something the caravan manufacturer denies.
Read more in The Senior:
In documents tendered to the court, it's alleged Jayco had been advertising the RVs depicted on terrain (like river beds) they weren't designed for, and distributed via "multiple channels" - like its Instagram and Facebook pages, digital advertising and brochures, as well as 4WD trade shows.
A Jayco spokesperson told The Senior the company had been engaged with the ACCC for nearly 20 months and had provided detailed submissions and documentation.
"Jayco categorically denies that any of its advertising or promotional materials misrepresented or misled consumers about the off-road capabilities of its Outback, CrossTrak and All Terrain recreational vehicles (RVs), when compared to the terms of the Jayco Warranty or otherwise," they said.
The court documents reveal the ACCC claims Jayco's warranty excludes the use of the RVs on 4WD only tracks and "certain other terrain" - with consumers not covered from damage caused by terrain such as beaches or unsealed roads.
"The warranty did not cover damage resulting from water crossings, damage caused by dislodgement of fittings resulting from use on corrugated or uneven surfaces," the ACCC said.
"Or any damage resulting from use on roads and tracks described as unsuitable, including 4WD only track."
In the court documents, the ACCC allege Jayco made false and misleading claims because they never "disclose or adequately disclose" in its promotional material that the RVs were not designed for off-road or 4WD track use.
They also allege Jayco never told customers in the promotional material they would not be covered under the warranty if they took the vehicle onto those roads.
During the period, the ACCC alleged Jayco was misleading consumers, the RVs had a price tag from approximately "$19,000 to $113,000 depending on model and option", the court document states.
The ACCC also alleges consumers "suffered harm" if they purchased an RV based on the representations made to them.
"Jayco has deprived consumers of the opportunity to make purchasing decisions based on the design capabilities of the RVs," it said.
"Which may have resulted in the purchase of alternative products, including products suitable for their needs."
Jayco's spokesperson added the manufacturer will "vigorously defend the claims and seek to vindicate its reputation".
"Jayco will continue to stand behind its products, its Warranty, its people and its customers as it defends the claims through the legal process," they said.
Share your thoughts in the comments below, or send a Letter to the Editor by CLICKING HERE.
.
The Australian Competition and Consumer Commission (ACCC) has commenced legal action in the Federal Court against a well-known caravan manufacturer for allegedly misleading ads for some of its RV models.
It is alleged since January 2020 Jayco Corporation Pty Ltd (Jayco) - Australia's largest caravan and recreational vehicle manufacturer - represented its Outback, All Terrain and CrossTrak RVs as being designed and suitable for use off-road and/or on 4WD tracks.
But the consumer watchdog alleges those particular RVs are not - something the caravan manufacturer denies.
Read more in The Senior:
In documents tendered to the court, it's alleged Jayco had been advertising the RVs depicted on terrain (like river beds) they weren't designed for, and distributed via "multiple channels" - like its Instagram and Facebook pages, digital advertising and brochures, as well as 4WD trade shows.
A Jayco spokesperson told The Senior the company had been engaged with the ACCC for nearly 20 months and had provided detailed submissions and documentation.
"Jayco categorically denies that any of its advertising or promotional materials misrepresented or misled consumers about the off-road capabilities of its Outback, CrossTrak and All Terrain recreational vehicles (RVs), when compared to the terms of the Jayco Warranty or otherwise," they said.
The court documents reveal the ACCC claims Jayco's warranty excludes the use of the RVs on 4WD only tracks and "certain other terrain" - with consumers not covered from damage caused by terrain such as beaches or unsealed roads.
"The warranty did not cover damage resulting from water crossings, damage caused by dislodgement of fittings resulting from use on corrugated or uneven surfaces," the ACCC said.
"Or any damage resulting from use on roads and tracks described as unsuitable, including 4WD only track."
In the court documents, the ACCC allege Jayco made false and misleading claims because they never "disclose or adequately disclose" in its promotional material that the RVs were not designed for off-road or 4WD track use.
They also allege Jayco never told customers in the promotional material they would not be covered under the warranty if they took the vehicle onto those roads.
During the period, the ACCC alleged Jayco was misleading consumers, the RVs had a price tag from approximately "$19,000 to $113,000 depending on model and option", the court document states.
The ACCC also alleges consumers "suffered harm" if they purchased an RV based on the representations made to them.
"Jayco has deprived consumers of the opportunity to make purchasing decisions based on the design capabilities of the RVs," it said.
"Which may have resulted in the purchase of alternative products, including products suitable for their needs."
Jayco's spokesperson added the manufacturer will "vigorously defend the claims and seek to vindicate its reputation".
"Jayco will continue to stand behind its products, its Warranty, its people and its customers as it defends the claims through the legal process," they said.
Share your thoughts in the comments below, or send a Letter to the Editor by CLICKING HERE.
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