Episode Eight - Caravanning with Major Failures (ACCC v Jayco)

In this episode, the Joels have a chat about caravans – or, caravans with lots of problems - when they hitch their cars up to the case that is ACCC v Jayco. (Lisk might struggle, Mazda 2’s aren’t great for towing)

In 2017, the ACCC commenced an action against Australian’s caravan manufacturer Jayco Corporation Pty Ltd (Jayco) alleging that they had engaged in unconscionable conduct by obstructing them from obtaining certain remedies under the Australian Consumer Law associated with allegedly defective goods (being the caravans), as well as misleading or deceptive conduct.

The ACCC was ultimately unsuccessful in most of its claims (only succeeding on one instance of alleged misleading or deceptive conduct). Despite this, the case provides a useful insight into how Courts assess whether a person is entitled to remedies under the ACL’s consumer guarantees and what constitutes a ‘major failure’. This is the part this episode explores, following along with two examples of consumers with caravans the Court ultimately determined did suffer from major failures.

This episode only explores the fact finding and evidence presented in associated with certain examples presented by the ACCC in their pursuit of Jayco. The finding of major failures and subsequent discussions do not amount to a finding that Jayco breached the Consumer Guarantees.

This is the eighth episode of Keeping Up with the Consumer Law. Keeping Up with the Consumer Law is financially supported by the Law Foundation of South Australia.

Want to learn more about anything we’ve discussed?

• Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2020] FCA 1672: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2020/1672.html

• ACCC: ACCC takes action against Jayco (29 November 2017): https://www.accc.gov.au/media-release/accc-takes-action-against-jayco

• ACCC: Court finds Jayco mislead a consumer but otherwise dismissed ACCC’s case (20 November 2020): https://www.accc.gov.au/media-release/court-finds-jayco-misled-a-consumer-but-otherwise-dismisses-accc’s-case

• ACCC: Jayco to pay $75,000 for misleading a consumer about consumer guarantee rights (3 May 2021): https://www.accc.gov.au/media-release/jayco-to-pay-75000-for-misleading-a-consumer-about-consumer-guarantee-rights

Get in touch with Grieger and Lisk at ⁠www.consumerlaw.media/contact⁠, where you can also find out more about our up-and-coming multi-level marketing program.

Keeping Up with the Consumer Law is intended to be for educational purposes only and should not be considered legal advice. Does this episode raise any questions for you about how you can use the ACL or what your obligations are under the ACL? We recommend seeing a lawyer, head over to ⁠www.consumerlaw.media/legal-advice⁠ for more information

Keeping Up with the Consumer Law is recorded and produced on Kaurna Country.