THE ACCC has instituted proceedings within the Federal Courtroom towards Jayco Company Pty Ltd (Jayco), Australia’s largest caravan and leisure car producer, for making allegedly deceptive representations when promoting sure fashions of its RVs in ‘off-road’ circumstances.
The information follows an investigative report revealed by GoAuto in June 2023 during which the vast majority of caravan producers and importers – together with Jayco – promoting off-road-capable caravans have been discovered to not warrant their very own product to be used away from unsealed roads.
The ACCC alleges that since January 2020, Jayco engaged in deceptive or misleading conduct and made false or deceptive representations to customers by representing that its Outback, All Terrain and CrossTrak RVs have been designed to be used off-road and/or on four-wheel drive (4WD) solely tracks when, in reality, they aren’t.
“We allege Jayco misled customers by promoting the RVs in terrain during which they weren’t designed for use and weren’t lined by its guarantee,” mentioned ACCC deputy chair Mick Keogh.
“When a product is depicted in ads in a selected setting, or claims are made about it, customers have a proper to anticipate such pictures and phrases replicate the meant use of the product.”
The ACCC alleges Jayco’s promoting depicted the RVs in numerous off-road circumstances, together with on unsealed or rocky roads with vital rutting or undulations, sand or seashores, water crossings, 4WD solely tracks or specified areas which might be solely accessible by 4WD solely tracks.
The truth is, the ACCC alleges the RVs weren’t designed to be used off-road, on 4WD solely tracks, or within the off-road circumstances proven in its ads.
Particularly, and as described in Jayco’s guarantee, the RVs weren’t designed to be used or towing on 4WD solely tracks, terrain with exhausting impacts, heavy landings or rutted roads or tracks.
The ACCC additionally alleges that Jayco didn’t disclose, or adequately disclose, in its promotional supplies that the related RVs weren’t designed to be used off-road and/or on 4WD solely tracks, and that the guarantee for the related RVs wouldn’t cowl such use.
Individually, the ACCC alleges Jayco made misrepresentations that its ‘All Terrain’ RVs have been designed to be used on all forms of terrain, when in reality the All Terrain RV was not designed to be used on terrain with exhausting impacts, heavy landings, rutted roads, tight undulating tracks or roads or 4WD solely tracks, and due to this fact was not designed to be used on all forms of terrain.
The ACCC’s case issues Jayco’s promotion of its RVs by itself web site, social media profiles, brochures, and level of sale promoting, together with at 4WD and commerce reveals.
Additional, Jayco additionally used references to “4WD” or “off-road” in its ads, in addition to statements comparable to “purpose-built off-road hybrid RV”; “constructed with off-road journey on the forefront”; “can deal with nearly any terrain”; “designed particularly for off-road adventures”; “our hardest off-roader, purpose-built to deal with the robust Australian terrain”; “purposely made to take the highway much less travelled”; and “All Terrain”.
“We’re involved that customers have been disadvantaged of the flexibility to make knowledgeable buying choices which could have led them to purchase a special RV that was extra appropriate for his or her wants,” added Mr Keogh.
“RVs are a big buy for customers, and on account of Jayco’s advertisements, customers could have paid a premium over and above the price of different normal mannequin RVs primarily based on the alleged misrepresentation that they may very well be used ‘off highway’.”
The ACCC is in search of declarations, penalties, injunctions, compliance and publication orders, and prices.
