Australia’s largest caravan and recreational vehicle manufacturer, Jayco, faces legal action after allegedly making misleading advertising over some of its ‘off-road’ models.
The Australian Competition and Consumer Commission (ACCC)has instituted proceedings in the Federal Court, claiming that – since January, 2020 – Jayco engaged in misleading or deceptive conduct and made false or misleading representations to consumers by representing that its Outback, All Terrain and CrossTrak RVs were designed for use off-road and/or on four-wheel drive (4WD) only tracks when, in fact, they are not.
“We allege Jayco misled consumers by advertising the RVs in terrain in which they were not designed to be used and were not covered by its warranty,” ACCC Deputy Chair Mick Keogh said. “When a product is depicted in advertisements in a particular setting, or claims are made about it, consumers have a right to expect such images and words reflect the intended use of the product.”
Jayco has denied misleading customers. PIC: Cizza
The ACCC alleges Jayco’s advertising depicted the RVs in various off-road conditions, including on unsealed or rocky roads with significant rutting or undulations, sand or beaches, water crossings, 4WD only tracks or specified locations that are only accessible by 4WD only tracks.
The ACCC alleges the RVs were, in fact, not designed for use off-road, on 4WD only tracks, or in the off-road conditions shown in its advertisements. In particular, as described in Jayco’s warranty, the RVs were not designed for use or towing on 4WD only tracks, terrain with hard impacts, heavy landings or rutted roads or tracks.
The ACCC also alleges that Jayco did not disclose, or adequately disclose, in its promotional materials that the relevant RVs were not designed for use off-road and/or on 4WD only tracks, and that the warranty for the relevant RVs would not cover such use.
Separately, the ACCC alleges Jayco made misrepresentations that its ‘All Terrain’ RVs were designed for use on all types of terrain, when in fact the All Terrain RV was not designed for use on terrain with hard impacts, heavy landings, rutted roads, tight undulating tracks or roads or 4WD only tracks, and therefore was not designed for use on all types of terrain.
The ACCC’s case concerns Jayco’s promotion of its RVs on its own website, social media profiles, brochures, and point of sale advertising, including at 4WD and trade shows.
“We are concerned that consumers were deprived of the ability to make informed purchasing decisions which might have led them to buy a different RV that was more suitable for their needs,” Mr Keogh said. “RVs are a significant purchase for consumers, and as a result of Jayco’s ads, consumers may have paid a premium over and above the cost of other standard model RVs based on the alleged misrepresentation that they could be used ‘off road’.”
The ACCC is seeking declarations, penalties, injunctions, compliance and publication orders, and costs.
Jayco has denied any of its advertising material misled customers, and says it intends to vigorously defend the claims in court.
Are you a Grey Nomad member yet? Click here to find out about the discounts, competitions and other benefits on offer.
Watching with interest. Driving on 4wd only tracks is demanding and potentially dangerous and most vans are not built for these conditions.
why only pick on Jayco , there are many manafacturers making claims or implications in advetising that dont stand up to reality
I was reading the plaque in the boot of an offroad van as described by the stickers on the outside. It read “this van is not covered by warranty if used off bitumen roads.” . I forget the brand.
Totally agree. Most caravans that are damaged on dirt racks will not be covered by warrenty – ie cracks, fittings falling off etc. Same with many 4×4 vehicles.
I’d say Jayco is the first cab off the rank. If ACCC win here then I’m sure they’ll go after the rest.
We are watching with interest as ours is rated for it, and yet…….don’t get me wrong I luv the van but I will not take it where they imply it can go, after doing a lot of gravel roads with it….
Pretty sure there’s going to be a lot of people that will disagree, and some will say they’re crap anyway, i personally have owned several over the years and never had a problem, well so far, It appears that someone has purchased one , gave it a flogging and then wanted warranty and Jayco has said no way (just my opinion) I’m sure there’s a lot more vans out there that don’t hold up. It only takes one complaint.
The point is
Don’t make claims that you know are not correct.
And it seems that jayco made such claims.
The ACCC is doing its job by calling out those that have made bogus advertising claiming that their products are able to do when in fact (written in small hidden details) they do not do as they are presented to be able to do.
This has nothing to do with picking on Jayco it’s to do with incorrect advertising of the product capabilities.
Correct.
Our 2007 Jayco Sterling came factory fitted with the Australian built Simplicity load sharing suspension and has been on many a rough road with no more than a broken microwave dish. It’s still going strong and off to the camel races in Boulia then possibly to Birdsville.
Bitumen all the way to Boulia
CORRECT !!! that is a very gentle, easy drive
I can’t believe that only Jayco are being targeted. There are a couple hundred manufacturers who advertise as full off road when they are nowhere near it.
I’d suggest the method in their madness (ACCC) would be go for the biggest player and scare the rest into compliance, not sure how Jayco will defend the indefensible!
Sounds like the plan
Agree 100% mate
We had a Jayco 2012 brand new sterling with underslung suspension and traveled Australia full time sometimes on gravel roads and finished up after 8years with next to no problems with great pleasure from our van thanks Jayco. Total kms covered 150’000 kms.dennis&Sandra. In
Dennis gravelroads is nothing. But constant corrugations with washouts trown in are a different thing. Cupboards will come apart, hinges fail and drawers. That is only the start.
spot on with comment,lot of difference in road conditions
Correct Bill
And all those that bought them expecting all terrain should be compensated with an all terrain …
Not only Jaco making these claims quite a number of caravan manufacturers advertise their vans as all terrain off road going off the beaten track so these should be included in this investigation.
This makes it again important that the rv manufacturing and repair industries needs better regulation and controls
It will make all caravan manufacturer’s sit up and take notice, ACCC are going for the biggest and all the others will start to think twice about what they say and do.
About time, maybe a few will start to do the right thing, but not all are bad.
It’s about time the accc started to flex some muscle and they need to investigate all RV manufacturers
Not just manufacturers but also rv repairers. There website states they are fully qualified for solar upgrades but when they tell you that a lithium battery swelling at the top is not an issue itis only a problem if they bubble on the sides. The company told us that they are perfectly safe if they read 12 volts.
Just shows standards around lot of the industry,great reply
Exactly.
They make a fair point, but warranties seem the bigger issue for many. Whether it is failure, damage, or any number of other issues people experience. Warranties are meant to protect the customer, and for many it ends up a painful, drawn out experience.
So many manufacturers making outlandish claims about their vans off road capabilities.
If you are going to make such claims then stand behind them with your warranty otherwise they are just a standard van on jacked up suspension and any off road claims are not worth a pinch of putrid possums poo.
Friends of ours bought a so called semi off road van, whatever that is supposed to mean, and the very first bit of dirt road we did all their cupboard doors ended up on the floor, and the owner and I spent the evening rehanging the doors with longer screws.
Our standard van from a different manufacturer suffered no such disasters.
Most caravans are the same. They can install better suspension, stronger chassis rails and bigger wheels but everything installed from the floor up is not designed for severe terrain conditions. Hence the interior fittings and installations crack, loosen or fallout.
Agreed John, On the Great Central Road we came across a full “Off Road Van” that had the pulled up in the middle of nowhere and we gave the owner a roll of 100mph tape to tape all of the cabinetry doors back on after the fridge door had come off and bounced around the caravan for a few hundred km’s
You are spot-on John. My 2017 JB off-road caravan suffered breakages of many minor and major parts on corrugated roads. The difference being that JB repaired and replaced all items without any hesitation or charge to me. The inconvenience was regrettable, but a company that backs its products is to be applauded.
We bought a new 19ft SEMI offroad van from a Southern Qld manufacturer and after one trip on the dirt road from Texas to Stanthorpe noticed that a leaf spring was bent. After many trips to the manufacturer we were told we must have backed into a drain! We took it to another caravan repairer, and they found that the spring hangers were welded in the wrong place. The original manufacturer denied any wrongdoing and we were $800.00 out of pocket to remedy the fault on a 6-month-old van. Go ACCC do a number on all of the van manufacturers.
I have been.involved with Jayco since their start in 1960,s as a supplier and have owned 4 of them and towed them around 150,000 k,s including great central road etc . They are as good as most other brands and better than most .
The quality of the brand isnt in question. Everyone in the comment section sticking up for their Jayco is missing the point. Advertising them in conditions not covered by the warranty is what they are getting scrutinised about. Its Dodgy. You could potentially drive the same track and not be covered.
Absolutely correct.
If you are going to sell a van as an off road van and all your advertising blurb says and indicates that it is built for that purpose, then you should warrant it as such.
It’s like advertising a 4WD showing it on the beach and doing the GRR but saying you can’t take it off the black top without voiding the warranty.
It is false advertising and not standing behind your product for what you claim it can do.
Good on the ACCC trying to clean up the mess that is the RV industry.
We have a 2021 Jayco Journey Outback pop top single axel we have 60k towing over some of the supposedly worst Roads in Australia eg Birdsville Track, Gibb River Road, Great Western Highway etc. driven to the conditions the Van has performed as expected with only minor issues like a Towel rail coming loose and a bit of dust leakage but nothing significant. I am on my second set of tyres and cannot fault the Build Quality of the suspension and over all durability. Towed sensibly they will do the job at a reasonable price. I wonder how many 4wds are driven over some of the terrain they claim and advertise?
great reply,i laugh at the adverts on TV ,4wd charging through rivers,over sand dunes flat out
No wonder some people come a cropper
Bit of care and common sense goes a long way.
Common sense please
So what does off road actually mean, off bitumen or off gazetted road
Most of these so called “off road” caravans never leave the bitumen.
They spend most of the time in caravan parks highly polished & without a speck of dust on them.
The same goes for the vehicle towing them. LOL.