
The walls are closing in on John Deere and Company regarding its unwillingness to completely lift repair restrictions that prevent farmers from deciding who fixes their tractors when they break down.
Deere’s scam has been going on for a long, long, long time. In a nutshell: Deere embeds authorization codes in its tractor software that prevent farmers from repairing their rigs, especially when it comes to engine emissions. Without the codes, repair is impossible. And only authorized John Deere repair dealers have access to all the verification codes.
Feeling the heat from farmers, Congress, lawsuits, and the White House, John Deere tried to tap down growing outrage by cutting a deal with the American Farm Bureau Federation.
In 2023, the AFBF signed memorandums of understanding with Deere and its other big iron brethren – Case New Holland, CLAAS of America, Kubota, and AGCO.
In the MOU’s, tractor manufacturers promised farmers and independent repair facilities timely electronic access to manuals, software and speciality tools needed for maintenance, upgrade and repair of tractors — including access to codes and data from individual machines.
The AFBF then promised not to lobby the feds or state legislatures for agricultural right-to-repair legislation.
Deere hoped the MOUs would regain farmer trust and lessen exposure to lawsuits, federal investigation and Congressional intervention. It hasn’t done any of that.
Late last month, a court filing by data analytics company Hargrove and Associates Inc. revealed the U.S. Federal Trade Commission is investigating John Deere’s repair restrictions on hardware and software. Hargrove and Associates’ filing was an attempt to quash an FTC subpoena seeking market data information from the Association of Equipment Manufacturers.
Also in October, discovery concluded in a consolidated class action complaint against Deere in the U.S. District Court, Northern District of Illinois Western Division. In Deere and Company Repair Services Antitrust Litigation plaintiffs claim:
“Through DTAC [Dealer Technical Assistance Center], Dealerships also have access to Product Improvement Programs (‘PIPs’) which are instructions on how to troubleshoot and repair more complex problems that impact large numbers of Deere Tractors. The existence of some PIPs are publicly disclosed, but there are also ‘secret’ PIPs that are known only to Deere and the Dealerships. Dealerships may choose not to inform the farmer of PIPs for their Tractors until after a serious problem has manifested. Even when a PIP is ‘public,’ the troubleshooting steps and repair information are not independently accessible. Deere does not provide, and has never provided, access to Dealer Service Advisor or DTAC to anyone but its authorized Dealerships.”
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John Deere attorneys tried to get the case thrown out of court, but last November U.S. District Judge Ian Johnson ruled the case must go to trial. Johnson found plaintiffs met the legal thresholds to proceed:
“Based on these allegations, Plaintiffs contend that ‘[o]bstructing the availability of repair tools to farmers and independent repair shops’ ‘is about preserving supracompetitive monopoly profits.’ The reasonable inference from these allegations is that Deere — by itself or through its agents — repeatedly made public statements that purchasers could make repairs to their own Tractors but the reality was that they couldn’t. The Complaint contains sufficient allegations to support Plaintiffs’ claim…”
Next up are arguments surrounding class-certification — plaintiff briefs are due next week with Deere’s rebuttal due by Jan. 27, 2025. And there surely will be numerous other motions that likely could push a trial date into 2026.
It must be especially galling to farmers who have some level of trust in the AFBF to now know all those MOU’s with tractor manufacturers really don’t give them unfettered right to repair their rigs. Farmers must be furious to know they are being treated like marks at a carnival.
It’s also worth mentioning that at the moment Deere tractor sales are slumping. Deere blames a weakening farm economy, but maybe Deere’s right-to-repair woes are a contributing factor.
Deere hasn’t anyone but itself to blame for what plaintiffs say is greed.
Many farmers tend to be brand oriented when it comes to their tractors. They are loyal to a fault to driving green, red, blue, or orange. But I’ve got to wonder what might happen if a Deere competitor offered real and honest right-to-repair service to farmers, dealing off the top of the deck and not the bottom.
Something’s got to give.
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