There is a point of civil law here that is being ignored, and it is this:

The law only protects as far as the injured party is willing to push it.

So, given that your statement is correct, all we need is some Harley owner who's willing to risk $250,000 in attorney's fees in a protracted Superior Court lawsuit, against a deep-pockets defendant who is willing to fight it.

 

Seems like you're really hung up on the way you think things SHOULD BE, rather than how they ARE.

Read the warranty. It flat-out says right in it -- if there's any evidence the bike has been used for towing, the warranty is voided.

Hell, here's a thread from nine years ago that talks about trailer hitches voiding warranties. This isn't news.

 

I got the powertrain void.

 

You seem very adamant in your opinions, posting them in multiple threads, etc. Please be aware -- this is not new ground. We've been over this many times.
There are two things in this: first, yes, a judge has ordered in the decree that Harley MUST void powertrain warranties if they or their have ANY knowledge that a non-EPA-compliant tuner was used to tune the bike. That is the way things are. That is what Harley is ordered to do, and that is what they will do. If you don't like it, you're free to file suit and see if you can get the EPA's consent decree overturned. But until then, your warranty will have been voided and will stay voided, if you use an aftermarket tuner.

Second thing you appear to be missing, when invoking Magnuson Moss: When you use an aftermarket/non-EPA-compliant tuner, you take the bike into a state of noncompliance with federal regulations. You make it illegal to operate on the roadways. Harley will not warranty any bike that has been taken into an illegal configuration, and there is nothing anywhere in Magnuson Moss that says they have to. Magnuson Moss covers things like if you use Amsoil oil instead of Harley-Davidson Syn3 oil, or if you use a K&N filter instead of a Harley filter. Magnuson Moss does NOT protect you if you take your bike into an illegal-to-operate-on-public-roadways condition.

 

When my 2006 SG ate the inner cam bearings at 31k miles I took it to my Indy shop - an authorized HD extended warranty
facility. Claims adjuster came by, looked my bike over and said the warranty was void because I had a PC III usb tuner on
it. Had an attorney friend give the extended warranty outfit out of AZ a call - no dice, wouldn't budge, go ahead and sue.
That's my real world true story from 8 years ago and so much for Magnuson Moss.

 

Magnuson Moss doesn't apply to extended warranty. Read the fine print when you get the ESP

 

Sorry to hear it, but yeah, not surprised, and things are only more strict today.

Even back then, before the whole EPA Consent Decree stuff, Magnuson Moss still wouldn't apply to an aftermarket tuner. M-M is concerned with replacement parts during the factory warranty, not upgraded performance parts under an extended warranty.
I appreciate your story; I'll be in extended warranty land once the factory warranty is up, and it's good to hear from folks who have firsthand experience about what will and won't fly.

Not sure what applicability M-M would have to an extended warranty, because (as Harleytuner said) that's a different contract, between you and a different company. M-M is dealing with manufacturer's warranties on products made available for sale. I know there's confusion regarding ESPs, lots of folks don't seem to understand that it's not Harley issuing the extended warranty, it's a third-party contract, so it seems like M-M wouldn't be involved once the manufacturer's written warranty expires.

 

FYI,
If your dealership denies the warranty because you installed aftermarket parts check these links out.
Always can write a complaint to the FTC.

http://www.artinmotionllc.net/do-aft...ycle-warranty/
https://en.wikipedia.org/wiki/Magnus...s_Warranty_Act
https://www.sema.org/sema-enews/2011...ermarket-parts

Cheers,
frankenheimer

 

they have to have information " TO SHOW" such vehicle was tuned using a product not approved. You actually provided the section of the decree I was hoping would be presented on another thread after I asked for some one to specifically post it.

the decree has a lot of counter productive language - it states 2017 or later model but then states any model whom a dealer knows has a non EPA compliant tuner shall have that info sent to the EPA for ensuring that they - the MoCo are compliant in their settlement statement. just a thought here - So what if my Non EPA approved tuner is on my bike & the bike is tested in such a manner that it is found the emission result is within the EPA`s mandate for emission exhaust gas release? Am I in violation just because I can tune the bike? Has anyone actually performed an emission test? Im wondering if this is more of a "control" the consumer issue by the MoCo by removing their ability to work on or adjust settings on their own bike?

Why then doesn't the MoCo just have a set it & forget it software? I mean if they are that hell bent on this & voiding warranties then make it tamper proof - the small engine world has basically gone this route by having non adjustable carburetors or a auto tune specific program for each make & model, its sad at my shop I see so much disposable junk that the day of rebuilding is basically over - its a buy new & assemble it world. landfills overflowing with cheap disposable junk but as long as the air is clean - to hell with the ground huh?

 

Just read every post and not much to report on voided warranties on 2017's & 2018's