In recent years, “right to repair” lawsuits and legislation have received greater attention. These concerns mainly prioritize convenience, as not everyone can get to a manufacturer-owned repair shop or find a place offering original equipment manufacturer (OEM) parts.
Harley-Davidson® is facing multiple right to repair lawsuits, including from the Federal Trade Commission (FTC) and at the state level in California and Wisconsin. These claims stem from motorcycle owners who allege Harley-Davidson threatened to void warranties if aftermarket parts were used for repairs.
If you’re confused about the warranty for your motorcycle or experienced limitations when attempting to get repairs done, here’s what you should know.
Harley-Davidson® Warranties
In general, an authorized Harley-Davidson dealer will repair or replace any parts found under normal use to be defective in factory materials or workmanship without charge. The warranty does not apply if the motorcycle has not been operated or maintained as specified in the owner’s manual or has been abused, misused or improperly stored.
For decades, Harley-Davidson has made a practice of voiding warranties if customers install aftermarket parts or have unlicensed services performed on their bikes. In some cases, it can be dangerous to use aftermarket parts for repairs. While cheaper, these parts might not be an exact fit and, since they are not certified, it can be hard to discern quality.
FTC Lawsuit and Settlement
Earlier this year, the FTC requested that Harley-Davidson add more clarity to its warranties concerning repairs done with aftermarket parts.
In a claim against Harley-Davidson Motor Company Group, LLC and Westinghouse, the FTC states that such verbiage violates right to repair law and limits where motorcycle owners can get their bikes fixed. To give consumers greater choice, the FTC requested that the Milwaukee-based company remove this language and comply with right to repair laws.
The FTC also referenced its own Magnuson Moss Warranty Act, designed to prevent companies from issuing warranties dependent on where a customer gets repairs done and the parts used. Based on this framework, the FTC stated that Harley-Davidson incompletely disclosed all warranty terms.
Harley-Davidson has since settled this claim, agreeing to loosen restrictions concerning the parts used for repairs. The company released a statement saying, “By law, we can’t void a customer’s warranty simply for installing another company’s parts.”
Harley-Davidson will now allow owners to keep their coverage, even if they used third-party parts and service. Yet any damage directly caused by aftermarket service and parts can still nullify related portions of the warranty.
At the State Level
Modeled after the FTC’s ruling, Harley-Davidson Motor Company Group, LLC is also facing federal class-action lawsuits in California and Wisconsin alleging the company has long restricted where owners can repair their motorcycles and takes advantage to raise prices for services and parts. In California, these actions allegedly go against the state’s competition law, creating monopolies for repairs and part sales, reducing consumer choice.
Wisconsin claimed the company’s practices violate antitrust laws, allowing Harley-Davidson to consume a greater share of the motorcycle parts market. Yet loosening restrictions on services and repairs could potentially reduce Harley-Davidson’s profits. Currently, about 20 percent of its revenue comes from part sales and accessories.
California’s claim also went after warranty wording. The state requires manufacturers to provide customers with a complete warranty, place it near the product in a selling capacity or clearly and visibly indicate they may obtain a warranty upon request.
According to plaintiffs, Harley-Davidson has spread its wording across multiple documents while using vague, convoluted language that does not directly specify excluded parts and services. These factors gave the perception that Harley-Davidson would void all warranties if a customer performed their own repairs, used an independent shop or aftermarket parts.
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