Can-Am Ryker Three-Wheelers Sold Without Advertised Security System, Class Action Says
Last Updated on February 19, 2024
Maiolo v. BRP US Inc.
Filed: December 8, 2022 ◆§ 2:22-cv-01770
The maker of the Can-Am Ryker three-wheel motorcycle faces a class action that alleges some buyers of the 2022 model did not receive a promised anti-theft system.
Pennsylvania
The maker of the Can-Am Ryker three-wheel motorcycle faces a proposed class action that alleges some buyers of the 2022 model did not receive a promised anti-theft system with their purchase.
The 11-page complaint says the Can-Am Ryker three-wheelers sold without defendant BRP US’s digitally encoded security system (DESS) keys are susceptible to theft by way of “a simple magnet or any CanAm DESS key.”
Per the suit, BRP US, a division of Bombardier Recreational Products, has blamed its failure to provide the advertised battery-less DESS keys on the “global chip shortage” yet provided no firm timeline as to when buyers will receive the promised security feature.
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“Plaintiff was unable to use his vehicle in the manner he expected because, for instance, he could not leave it anywhere unattended, lest it be stolen,” the complaint reads, arguing that the value of the three-wheeler is materially less than represented by BRP US.
According to the filing, the Can-Am DESS contains a pre-programmed chip that uses a radio frequency to tell the three-wheeler’s immobilizer to allow the engine to start. In the machine’s owner’s manual, buyers are informed that they will receive two DESS keys with their vehicle, the case says.
However, the lawsuit alleges that “[n]umerous purchasers” of the 2022 Can-Am Ryker, which reportedly retails for no less than $8,999, did not receive a DESS with their vehicle. These buyers were not offered a discount when their three-wheeler did not come with the advertised security features, the suit claims.
“While some customers were provided with physical locks, this is not equivalent to the DESS keys,” the complaint states.
Per the case, customers who’ve contacted BRP US about the DESS keys have been told that it’s “a warranty-related issue,” and that they should take up the problem with their dealership. As the suit tells it, though, this can be a dead end for buyers, who are often told by dealerships that the issue stems from the manufacturer.
“However, the dealerships tell customers that the lack of a DESS key is something that only [BRP US] can address,” the filing shares.
The lawsuit looks to cover all persons in Pennsylvania, Kansas, Minnesota, Mississippi, North Dakota, West Virginia, Utah, Montana, Idaho, Georgia, Kentucky, Iowa and Alaska who bought a 2022 Can-Am Ryker three-wheeler during the applicable statute of limitations period.
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