The U.S. Federal Trade Commission (FTC) is investigating Deere & Co. to determine if the company’s equipment repair policies violate consumer protection laws, according to a public filing. Initiated in 2021, the investigation focuses on the repair restrictions imposed on both equipment hardware and associated software. The case became public last week after data analytics firm Hargrove & Associates Inc. attempted to challenge an FTC subpoena related to the investigation. In a statement to Agriculture Dive, Deere confirmed it is “cooperating with the FTC” but refrained from providing further comments due to the ongoing nature of the investigation.
Deere has faced significant backlash and multiple lawsuits concerning its repair policies. Farmers argue that they are forced to bring broken equipment to dealerships, often paying inflated prices for repairs, even when they possess the tools and knowledge to handle the fixes themselves.
While there is growing momentum to establish farmers’ right to repair their equipment, a memorandum between Deere and the American Farm Bureau Federation has limited progress at both state and federal levels. Under this memorandum, the Farm Bureau agreed not to lobby for right-to-repair legislation in exchange for commitments from Deere to provide farmers and third-party repair shops with the necessary information to repair machinery. Some states, such as California and Minnesota, have exempted agriculture from their right-to-repair laws, while Colorado is currently the only state that allows farmers to repair their own tractors following legislation passed last year.
However, the memorandum has not fully addressed farmers’ concerns, according to a report from the Public Interest Research Group (PIRG), which has been a leading advocate for the right-to-repair movement. The repair materials provided to farmers often withhold or redact essential information needed for independent repairs.
Additionally, a court ruled against Deere’s attempt to dismiss a lawsuit filed by farmers regarding its right-to-repair policies last year. Democratic Senator Elizabeth Warren of Massachusetts is also investigating whether Deere’s practices violate the Clean Air Act, which mandates that manufacturers provide written instructions allowing repairs to be performed by any repair establishment or individual.
The FTC is examining whether Deere has violated Section 5 of the Federal Trade Commission Act, which prohibits companies from misleading consumers or engaging in unfair commercial practices. Nathan Proctor, PIRG’s U.S. senior right-to-repair campaign director, stated that the investigation represents “good news for farmers.” He emphasized that when farmers lack access to proprietary software tools needed for diagnostics or repairs, they must wait for an authorized technician, which can lead to significant delays. Proctor noted, “The weather doesn’t wait on a dealership’s schedule — a delay could mean the loss of your harvest.”
