Harley’s Right to Repair Win Figures to Have Global Impact

Legal Battle

Right to repair laws have been big news in recent years, and for good reason - many vehicle owners would prefer to be able to repair and modify those rides without being forced to take their to a branded dealership. However, makers of cars and motorcycles have long argued that this could represent a security risk, particularly given the rise of electronics in newer models. In that realm, Harley-Davidson recently scored a big legal win that figures to have a broad impact across the globe, according to The Fashion Law.

Photos: Harley-Davidson

Potential Violation?

A lawsuit was recently filed accusing H-D of violating the Magnuson-Moss Warranty Act due to its limited warranty, or more specifically, over its relation to the "tying" act - which prohibits the entity that issues the warranty from "conditioning its written or implied warranty on the use of any specific brand of article or service unless that article/service is provided for free."

Photos: Harley-Davidson

Losing Coverage

The plaintiffs in the case alleged that Harley-Davidson violated the MMWA by forcing "customers purchasing new Harley-Davidson motorcycles to buy Harley-Davidson parts" when their motorcycles is in need of repairs or service, and if they don't, they risk losing their warranty coverage.

Photos: Harley-Davidson

Monopoly of Sorts

This would not only make it "too expensive or burdensome to use a competitor product [or service],” but also, enable authorized Harley-Davidson dealers to "sell warranty-related services, replacement parts, and accessories at a premium compared to other motorcycle repairers," the lawsuit claims. 

Photos: Harley-Davidson

Dismissed

However, the judge presiding over the case didn't fully agree with that assessment and wound up dismissing this complaint, though he also granted plaintiffs the ability to file another one. Harley "has not imposed tying conditions on the purchase of parts or forced buyers to promise not to buy parts from a competitor," said Judge Griesbach.

Photos: Harley-Davidson

Nothing Illegal

"In this case, new Harley-Davidson motorcycles are bundled with a two-year limited warranty that lists certain restrictions that may void the warranty,” Griesbach added. He said that the restrictions are "a long way from requiring a buyer to purchase [a tied product] from the defendant as a condition of purchasing [a tying product]," noting that "even if buyers of Harley-Davidson motorcycles had to forego warranty coverage to buy a non-Harley-Davidson part, there is no illegal tying arrangement.” 

Photos: Harley-Davidson

Setting a Precedent

This decision not only gets H-D off the proverbial hook, but it also sets a precedent for other manufacturers - operating in a variety of industries, in fact. The judge in this case essentially says that Harley didn't violate antitrust and consumer protection laws by requiring owners to adhere to certain stipulations in its warranty, meaning that companies will be able to continue to do precisely that for the foreseeable future, which isn't great news for independent repair shops or consumer choice. 

Photos: Harley-Davidson

>>Join in the conversation about the Right to Repair issue right here in Harley-Davidson Forums.

For help with your do-it-yourself maintenance and repair projects, please visit our how-to section in the forum.