But, as anyone who’s ever owned a boat knows, this isn’t a perfect world. Things go wrong. “Friday afternoon” boats leave the factory with defects. Misunderstandings occur. Promises get broken. That’s where the Consumer Protection Bureau comes in.

Established as one of the first BoatU.S. members-only services, the Consumer Protection Bureau’s goal is to help resolve complaints between boat owners and the marine industry and educate boating consumers so they can avoid common pitfalls and get the best value for of their boating dollars.

INFORMAL CONFLICT RESOLUTION

Often, complaints about boats become so heated that it seems impossible for a consumer and a company to iron out their differences without resorting to expensive lawyers. BoatU.S. gives members a better option: dispute mediation.

Mediation is a process in which a neutral third party, in this case, the Consumer Protection Bureau, helps both parties settle. Before mediation begins, the Bureau advises boat owners how to effectively lodge a complaint directly with a company representative who has decision-making authority. The consumer’s report is entered into our database (more about this later) and we wait for the company’s response. If the company is not responsive, then BoatU.S. gets involved.

Experience tells us that there are always two sides to every story, so we ask for the company’s response. Over the years, we have established a good rapport with most marine manufacturers. Sometimes that’s all it takes.

If not, we keep the lines of communication open until both parties find enough common ground to reach a settlement.

Although informal mediation means that settlements are not binding on either party, it is rare for companies to renege or for consumers to change their minds. Most disputes involve repair claims of about $2,000, but claims can be for as little as $20 and for as much as tens of thousands of dollars when entire boat and engine replacements are involved.

A recent case involved a 2001 Chaparral Signature 280 equipped with twin Volvo GISX engines. By the time the owner contacted BoatU.S., he had experienced five water pump failures. Each time the pumps failed, water sprayed the wiring and other engine components. Working with both Volvo and Chaparral, both engines were eventually replaced at no cost to the owner. The Bureau handles 400 to 500 similar cases each year. Although we have no legal authority and cannot force companies to take specific actions, we are usually able to help both sides reach an agreement.

• For dispute mediation: call 703-461-2856 to discuss your case. We’ll work with you to map out a successful strategy for resolution. Remember, our mediation service is available only to BoatU.S. members and can be initiated only after we’ve received a written complaint. BoatU.S. does not take an active role in disputes that are in litigation.

BetterBOAT

Sometimes, complaints are so complicated or involve a number of different entities — consumer, dealer and manufacturer, for example — that settlements seem unreachable.

BoatU.S. established BetterBOAT, a groundbreaking cooperative program with the National Marine Manufacturers Association (NMMA) and the Marine Retailers Association of America (MRAA) to conduct peer reviews when simple mediation doesn’t work. Consumers or companies can initiate cases. A mediation panel consisting of one representative from NMMA, one from the retail dealers’ association and one representative of BoatU.S. reviews presentation statements from all parties to the dispute. The panel then recommends a settlement.

Like BoatU.S. mediation, there is no cost for a BetterBOAT review, nor are settlements binding on either party. However, an objective recommendation from industry peers can be a convincing argument for companies to resolve problems.

• For BetterBOAT: call 703-461-2856 to discuss your case.

NATIONAL RECALL ALERT REGISTRY

Federal law requires marine businesses to recall boats and associated equipment that don’t comply with manufacturing regulations or if they contain defects that “create a substantial risk of personal injury.” The recall statute was recently extended from five to 10 years.

Federal law requires companies to notify customers who own defective products that are the subject of a recall. Because boat recall provisions require manufacturers to maintain records only for first owners and because many new boats change hands after four or five years, manufacturers may not be able to locate owners of defective boats.

The Consumer Protection Bureau recently established an online site, the National Recall Alert Registry, which allows owners to record their boat information so it can be accessed in the event of a recall. Each entry contains the owner’s name and address, as well boat and engine information, including hull identification number, engine serial numbers and place of purchase.

The Registry is secure. Manufacturers must first obtain a password before accessing information and, even then, they can only access records for the boats they build.

• To enter boat and engine information in the BoatU.S. National Recall Alert Registry: visit boatus.com/recall and follow the “Register Your Boat” prompts. Manufacturers interested in accessing Registry records should follow the “Manufacturer’s Query” prompts. Those who do not have Internet access can call the Bureau, 703-461-2856, and we’ll enter your information for you.

COMPLAINT DATABASE

The core of the Bureau’s operation is a database of consumer complaints, defect recall notices and manufacturers’ service bulletins. Established nearly 20 years ago, the database contains thousands of reports from boat owners, marine surveyors, marine mechanics, manufacturers and the U.S. Coast Guard.

Buying or having a problem with a boat? Contact the Bureau and find out if the model has a history of problems or has been the subject of a safety recall. The database is flexible enough to allow searches according to brand names, boat size and hull identification number, engine model, model year, type of problem and even location.

For example, shortly after buying a used 1993 Pro-Line, a Georgia owner called the Bureau to ask whether the model was prone to fuel tank leaks, since the port tank on his boat was leaking. Our records showed that a year before, the vessel’s previous owner was given a replacement boat because of gasoline leaks and that this particular boat was supposed to be completely repaired before it was sold to someone new. Needless to say, the second owner had no inkling about the boat’s history.

The Bureau’s database can be a big help if you are thinking of doing business with an unfamiliar boat dealer or if you want to know if your outboard engine is the subject of a manufacturer’s service bulletin or recall. Chances are, we have the information at hand.

BoatU.S. does not rate boats or marine engines, but information from the database provides a good overview of what kinds of problems exist and, more important, how companies handle them. Human nature being what it is, most of the reports involve boating consumers’ bad experiences, but there are a significant number of good evaluations to balance out the bad. Database information is available free for members’ reference.

• To access the Consumer Protection Bureau database: call 703-461-2856 or e-mail ConsumerProtection@boatus.com. The database is not online — yet. Expect online access by the end of 2004.

BoatU.S. Magazine ARTICLES

The database also allows the Bureau to track patterns of complaints that can sometimes point to safety or design problems. These often become the focus of the “Boat Smart” pages in each issue of BoatU.S. Magazine.

In fact, BoatU.S. Magazine was the first to break the story about dangerously defective Ficht outboard engines sold by OMC just before the company went bankrupt. We have also published information about structurally unsound boat hulls, boat buying scams and faulty generators that create the risk of carbon monoxide poisoning.

• BoatU.S. Magazine articles: reprints are available online at boatus.com/consumer/articles.asp or by calling 703-461-2856. A subscription to BoatU.S. Magazine is included with each BoatU.S. membership. Members creating their own Web sites at My.BoatUS.com also have access to past issues of the magazine. To join, visit boatus.com or call 800-395-2628.

PUBLICATIONS, CONSUMER INFO & INDUSTRY CONTACTS

Have questions about purchase agreements, extended service contracts, warranty coverage, blister damages, boat construction or marina contracts? We have the answers. Want to know how to contact someone who can answer technical questions about your new boat? We have the industry contacts. Don’t know which state and federal agencies can help if you have a serious complaint? Just ask us. Need a reality check about that boat problem? We’re here to listen and to advise.

The Bureau has also published two free booklets, “The BoatU.S. Guide to Buying & Selling A Boat” and “The BoatU.S. Guide to Marine Service,” that are packed with easy-to-follow tips covering most aspects of boat ownership.

• “The BoatU.S. Guide to Buying & Selling A Boat” and “The BoatU.S. Guide to Marine Service” are both available online at boatus.com/consumer or can be obtained, along with other boating consumer information, by calling 703-461-2856 or by e-mail ConsumerProtection@boatus.com.

BoatU.S. Consumer Protection Bureau
880 S. Pickett St.
Alexandria, VA 22304
Phone: 703-461-2856
Fax: 703-461-4674
E-mail: ConsumerProtection@boatus.com

(c) Copyright BoatU.S. Magazine, May 2004