This proposal has been compiled by many of our fellow RVers.  I would like you to understand that I have no personal agenda in doing this.  I am extremely happy with my GS BTC.  I have been working on this for many months to aid you in your future purchases during the warranty period which follows your purchase.

If you agree with what you read here, go to the Petition Link below this proposal and sign it. 

Thank you, Toni

“The Recreational Vehicle Protection Act”

          Many people buy recreational vehicles (RVs) only for recreational travel, but there is a rapidly expanding number of RV owners for whom the RV has become the primary residence. Many of these consumers are Senior Citizens.  And, many of these consumers have invested a large percentage of their net worth in their RV.  A defect in materials or workmanship which necessitates a sudden and unexpected repair can cause a devastating financial burden.  Especially if, the owner has to make emergency arrangements for living and transportation while the repairs are taking place. 

          There are existing standards designed to protect RV buyers, however without a compelling financial incentive to adhere to these standards many manufacturers and dealers may choose to ignore these guidelines, thereby leaving consumers to bear the financial burden for expensive repairs they can’t afford.

Often the most effective access to redress is through the assistance of an attorney who can cite the “Magnuson Moss Act” and other similar consumer protection statutes to pressure manufacturers and dealers into honoring their obligations under warranties. Unfortunately, not all attorneys are familiar with consumer protection law.  Resolving such disputes with litigation can be prohibitively expensive and time consuming.

Many consumers are not aware of their means for recourse when manufacturing defects are discovered. Even a consumer who secures the assistance of a good attorney may spend many months and endure considerable expense having their issue resolved.  As often occurs, it’s the consumers who least can afford the expense that are also more likely to be dissuaded from action by the high cost of legal assistance. We need a way to protect all consumers.

          I am proposing the creation of a federal law, similar to existing consumer protection laws, which will include protection for manufacturing defects in the living area of all recreational vehicles.  The proposed law would provide for repair of all covered defects and reimbursement for the cost of accommodations and transportation expenses incurred by the consumer while the defective unit is undergoing repairs.  Such expenses should only be the responsibility of the manufacturer.  In addition, the proposed law should protect the consumer when they are a considerable distance from their residence and returning the recreational vehicle to a facility near the owner’s home would be unsafe or cause considerable inconvenience.  

          California and Florida already have statutes similar to the idea proposed here, but the consumer protection laws in many other states specifically exempt the living area of a recreational vehicle from protection. The proposed federal law would create uniform protections for the entire recreational vehicle to consumers in all fifty states.

          Under the proposed law, a consumer who discovered a covered defect would first present the defective RV to the nearest dealer for covered repairs.  If the dealer refused the warranty repair, or was unable to effect satisfactory repair after three attempts, the consumer would be eligible to file a claim under the proposed act.

A claim could be filed by sending a registered letter to both the manufacturer and the dealer specifying the issue(s), with relevant service dates, photographs (if available), as well as any related documents. A list of expenses that were incurred as a direct result of the defect should also be provided.  The letter must include a record of “out of Service dates” and documentation of three unsuccessful attempts to repair the RV.

If a defective RV has been “Out of Service” for more than 100 days in a year as a result of defects, the consumer is entitled to compensation for travel expenses and/or mileage accrued during transportation to and from the repair facilities. The original warranty would also be extended by an amount of time equal to the time the RV has been out of service.

          Under the proposed law a consumer whose defects are not promptly and satisfactorily addressed can seek remedy through a mediation service at the expense of the manufacturer, thereby eliminating the need for costly litigation. If the process of mediation were unsuccessful, the owner may file suit against the manufacturer forcing them to purchase the defective RV from the consumer. If the claim substantiated, the manufacturer would be required to buy the defective RV back at 100% of the initial purchase price. All costs of litigation would also be the responsibility of the manufacturer in the event of having judgment found against them.

          This law should also include a 72 hour cooling off period in which a consumer can return a new recreational vehicle within 72 hours of the initial purchase if defects are found which can not be easily repaired. 

Thank you for you attention and time,  

Toni Gilmartin