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The U.S. Federal Trade Commission (FTC) is conducting an investigation into Deere & Co., focusing on whether the company’s repair policies for its agricultural equipment violate consumer protection laws.
This investigation comes amid ongoing frustrations from farmers who say they are forced to overpay for repairs at authorized dealerships, despite having the skills and tools to fix their equipment independently.
The Investigation and Its Background
The FTC probe, which started in 2021, targets Deere’s restrictions on repairs, particularly concerning equipment hardware and software.
The investigation became public recently when Hargrove & Associates Inc., a data analytics company, moved to quash a subpoena related to the case.
While Deere has acknowledged the investigation, the company stated it is cooperating with the FTC but cannot provide further details due to the ongoing nature of the investigation.
Farmers’ Right to Repair: A Growing Debate
Deere has faced significant legal challenges and opposition regarding its restrictive repair policies. Farmers have voiced concerns about being compelled to bring their broken equipment to authorized dealerships, leading to inflated repair costs.
Many argue they possess the necessary knowledge and tools to perform repairs themselves but are prevented by Deere’s restrictive policies.
In response to mounting pressure, Deere signed a memorandum with the American Farm Bureau Federation, promising to provide the necessary information to farmers and third-party repair shops.
In exchange, the Farm Bureau agreed not to lobby for right-to-repair legislation at the state and federal levels. However, this agreement has done little to fully address the concerns of farmers.
According to the Public Interest Research Group (PIRG), Deere continues to withhold crucial information that would enable farms to complete certain repairs independently.
Legal Battles and Legislative Developments
Deere’s legal troubles have continued to grow. A court recently ruled against the company’s attempt to dismiss a lawsuit filed by farmers regarding right-to-repair policies.
Additionally, Senator Elizabeth Warren of Massachusetts is exploring whether Deere’s policies violate the Clean Air Act, which mandates that manufacturers provide repair instructions to allow any individual or establishment to perform repairs.
Some progress has been made in ensuring farmers’ right to repair their own equipment, but it remains limited. States like Colorado have passed legislation granting farmers the right to repair their tractors, while states such as California and Minnesota have excluded agriculture from their right-to-repair laws.
FTC’s Investigation and Its Implications
The FTC’s investigation into Deere is based on potential violations of Section 5 of the Federal Trade Commission Act. This section prohibits companies from engaging in unfair practices or misleading consumers.
Nathan Proctor, PIRG’s U.S. senior campaign director for right-to-repair, expressed optimism about the investigation, emphasizing the importance of farmers having access to proprietary software tools.
Delays in repairs, he noted, can have significant consequences, particularly during crucial times like harvest, where waiting for an authorized technician could result in substantial losses.
As the FTC continues its investigation into Deere’s repair policies, the outcome could significantly impact the future of right-to-repair legislation and the agriculture industry. For now, farmers remain hopeful that increased scrutiny will lead to more accessible and affordable repair options.
source: agriculturedive.com