So who is going to be the first one(s) to fight the HD/EPA Decree?

Doesnt the Magnuss-Moss warranty act apply?

If for some reason the law doesnt apply... Are those that are being voided, being refunded the cost of the warranty that is figured into the cost of the bike?

For some reason i am very surprised there isnt a class action yet

 

Magnuss-Moss AFAIK applies to OEM spec equivalent components. For instance, if you install non-HD spark plugs but they are equivalent, then they can't deny warranty. OR you had an O2 sensor failure, and replaced them with other than HD sensors. If you tune the ECU with a non-HD compliant tuner, then you forfeit Your HD warranty. If you use a tuner that limits changes to EPA standards, then likely you may have a case. Note, this is different that voluntarily limiting changes. If the tuner is capable of installing a non-EPA tune then it's not OEM equivalent. Same then if you change the header with one that does not have a catalytic converter. In the eyes of the law, you installed non-compliant hardware so you are on your own. If you did this, and they didn't warranty a radio problem, then you may also have a case. It technically would be incumbent upon the MC to illustrate how the modification you made was at all related to a radio failure. That said, as everything communicates with the ECU, any mods there may open the door to a refusal. This might be tough to defend. The Magnuss-Moss act keeps a manufacturer from holding you ransom, it doesn't allow you to do whatever you want and keep your warranty. IOW, you don't have to buy overpriced Harley oil, but the oil you do buy needs to be at least equivalent to it.

The warranty is a part of the purchase of the bike. Extended warranty is not. The base warranty is not a separate item, so it doesn't have any quantifiable value. The dealer doesn't have the option to purchase a bike without the base warranty, so it's unlikely they would offer any discount for eliminating it. It's there, it's up to you if you want to decline, but no one will pay you for it.

There's no class action because legally it seems they are on pretty solid ground.

 

before any mfg can put up a vehicle for sale, it must meet mandates both by the fed and stated reg's. the mfg warranty is based off this in consideration of how it was built, aka, all parts are a system designed to function within guidelines.
as mr. harkon brought out, the act only applies for a tit-for-tat exchange of parts within these guidelines, outside of them, they are illegal and will not stand up to warranty.

when you get into aftermarket warranty, you step into another world. you MUST READ AND UNDERSTAND all the documentation. if you do not, you will probably get screwed and not worth the cost of an attorney. the state i live in has zones and in those zones, they WILL check and any mod's will cause a loss of state inspection and a citation and corrective measures. i remember when all this started in cali, hot rodders were turning in better emissions than mandated vehicles yet if no cat, no ride. you can run but you cannot hide, like collecting taxes on out of state sells, they smell money and they will be coming like a pack of hungry wolves.