February 9, 2023

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USA: Harley-Davidson sued for "right to repair" - Nieuwsmotor.nl

USA: Harley-Davidson sued for “right to repair” – Nieuwsmotor.nl

In two US states, a class action lawsuit is being prepared against Harley-Davidson because the US motorcycle manufacturer allegedly forced its customers to make repairs with ‘genuine’ parts. Harley convinces customers that genuine Harley “OEM” parts must be used in repairs to maintain the engine’s warranty. Harley brought Federal Trade Commission (FTC) Agreement This should be stopped, but according to the initiators of “class law”, this is not happening Reuters news agency reported.

The case revolves around the freedom to repair clause, which exists in US antitrust law in many states. Those laws ensure that consumers are not penalized when repairs are mandatory at an authorized dealer or only with Harley-supplied (more expensive) parts.

“Harley-Davidson has kept a large share of the aftermarket and forced high prices for repair parts because it used its warranty to illegally coerce Harley owners into using its own brand of parts,” said Thomas Burt, an attorney for the law firm involved.

In Europe, since 2010 A A similar ‘exempt regulation’ In practice. For example, consumers can use any authorized repair company for routine maintenance or repairs with statutory warranty period and extended warranty. Automakers use “equivalent quality” spare parts, which can void the warranty.

So-called “class actions” in the US are an entire industry, involving huge sums of money for both the aggrieved companies and the lawyers. Such organizations are also active in Europe, for example in relation to emissions cheating by car manufacturers, but this cannot be compared to the scope of such activities in the United States. A large number of victims gather in a class action that collectively raises the budget to pursue — often lengthy — lawsuits against large corporations.

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