FTC investigates Deere over repair access issues

News recently broke that the U.S. Federal Trade Commission (FTC) is scrutinizing agricultural equipment giant Deere for its policies on repair access.

The investigation, which started in September 2021, is looking into how Deere’s policies restrict repairs on their equipment, limiting what is often referred to as the "right to repair", the ability for customers to fix and maintain their own machinery without relying solely on the manufacturer.

The inquiry was publicized through documents filed by data analysis firm Hargrove & Associates Inc., which opposed an FTC request for data from members of the Association of Equipment Manufacturers. According to these documents, the FTC is assessing whether Deere’s practices might violate Section 5 of the Federal Trade Act, a regulation against unfair or deceptive business practices.

In recent years, groups like the National Farmers Union and other right-to-repair advocates have raised concerns over Deere’s repair restrictions. They argue that the company controls access to key software embedded in their machines, thereby preventing farmers and independent repair shops from completing repairs without Deere's oversight.

Critics, including farm advocacy groups, claim that Deere’s policies give them too much control over the equipment, especially as modern machinery relies heavily on proprietary software. This has led many in the farming community to speak out, voicing frustration over delays in repairs when they cannot access necessary tools and resources independently.

Deere, however, asserts that it supports customers’ right to repair, with limits. The company’s representatives explain that opening up software access could compromise safety and emissions controls, potentially allowing unauthorized changes.

“The farm equipment manufacturer has long insisted it already supports a customer’s right to ‘safely maintain, diagnose, and repair their equipment,’ just not the software inside of the high-tech machines." said Cory Reed, the president of Deere’s worldwide agriculture and turf division for production and precision ag, "Opening up access to embedded software code to third parties could allow them to illegally tamper with safety and emissions controls. It would also infringe on the company’s intellectual property interests.”

“‘We are grateful that the FTC has taken our complaint seriously and is investigating Deere’s conduct," said PIRG Right to Repair Campaign Director Nathan Proctor. “‘We should be able to fix our own stuff. When farmers can’t access the proprietary software tools which are required to diagnose or complete repairs, that means they have to wait for an authorized technician before they can finish their work. The weather doesn’t wait on a dealership’s schedule — a delay could mean the loss of your harvest.'”

In January 2023, Deere agreed to collaborate with the American Farm Bureau Federation, aiming to enhance farmers’ access to repair tools and information. Deere has stated its intention to cooperate with the FTC during the investigation but has refrained from making further comments.

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