Kuberski v. REV Recreation Group, Inc., No. 20-3127 (7th Cir. 2021)
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Kuberski began his retirement by purchasing a new 2013 Fleetwood Storm, manufactured by RV, for nearly $160,000, from REV’s authorized dealer, Camping World in North Carolina. During the first year, Kuberski reported over 40 (non-trivial) defects to Camping World, which, required by the warranty, serviced the RV seven times over two years. Those efforts were unsuccessful. Kuberski sent a letter to REV with a list of every defect, all unrepaired problems, and the servicing records, requesting that REV buy back the RV or exchange it for a properly working replacement model. REV did not accept either option but offered free repairs at its Decatur, Indiana facility. REV later offered to pay Kuberski’s expenses of transporting the RV to Indiana. Initially, Kuberski accepted the offer He never arrived at REV’s facility. He filed suit under the federal Magnuson-Moss Warranty Act, which creates a private right of action for any “consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under [the statute], or under a written warranty, implied warranty, or service contract,” 15 U.S.C. 2310(d)(1).
The Seventh Circuit affirmed a verdict in favor of REV, rejecting Kuberski’s challenge to jury instructions concerning his “substantial compliance” with the warranty. Kuberski’s acknowledged failure to honor his appointment with REV was not a simple failure of literal compliance. It was enough also to defeat a finding of substantial compliance.
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