US Senator Elizabeth Warren (D-MA) has sent a letter to John May, CEO of agricultural equipment maker Deere & Company, questioning whether John Deere is living up to the promises it made to support the right to repair.
And if it's not, that may mean the corporation is failing in its obligations under America's Clean Air Act, she added.
In January 2023, following years of legal challenges from farmers wanting to simply fix their own farm equipment outside authorized dealerships, John Deere signed a memorandum of understanding with the American Farm Bureau Federation (AFBF).
The agreement [PDF] calls for the manufacturing giant to provide farmers and independent repair shops with the tools, software, and documentation necessary to fix broken Deere-made agricultural machines, such as tractors and harvesters. In exchange, the AFBF agreed "to refrain from introducing, promoting, or supporting federal or state 'Right to Repair' legislation" that goes beyond what's promised in the MOU.
Essentially, Deere promised to play nice and help people fix their machines, by providing the tools and support needed, and the federation would back off from pushing for tough laws enshrining the right to repair.
But according to Senator Warren's missive [PDF], dated Wednesday, John Deere has not lived up to those commitments, and the MOU looks like a gambit to sabotage strong right-to-repair legislation, which is being adopted in various states and has the support of the Biden administration.
"Rather than uphold their end of the bargain, John Deere has provided impaired tools and inadequate disclosures," wrote Warren, citing public reporting, a July 2023 PIRG report [PDF], and a memo from John Deere. PRIG being the US consumer-advocacy Public Interest Research Group.
"In addition to costing farmers time and money, this refusal to provide meaningful right to repair likely indicates that John Deere may be violating the Clean Air Act by restricting repair of its products' emissions systems," the senator wrote.
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Warren explains that the Clean Air Act requires manufacturers to provide the US Environmental Protection Agency with all information necessary to use, diagnose, and repair emission control systems, and that no information may be withheld.
But John Deere has not done so, she claims. And according to PIRG, support for right-to-repair reforms could save US farmers as much as $4.2 billion per year.
While demand for new machines goes up and down, John Deere keeps its profits streaming in by overcharging for repair services
Warren notes that the cost of parts and labor to fix agricultural equipment has nearly doubled over the past two decades, and costs have risen 41 percent since 2020. Deere is known for putting DRM in its equipment's software, allowing the corporation to limit repair work and replacements to authorized agents as it desires.
"While demand for new machines goes up and down, John Deere keeps its profits streaming in by overcharging for repair services – despite labor strikes, supply disruptions, a drop in sales, and a global pandemic, the company has experienced a 270 percent increase in profits since 2020," Warren wrote, noting that digital products – including Deere's tractors – give hardware makers more opportunities to control the repair market.
Warren asked May to respond to 11 questions about its regulatory compliance and its repair policies by October 17, 2024. The company's answers could lead to a report on repair concerns or public hearings.
"I think farmers deserve honest answers to these important questions," Willie Cade, a board member of The Repair Association, told The Register.
John Deere did not respond to request comment.
The machinery maker last November lost its bid to dismiss an antitrust lawsuit in Illinois that consolidates claims from more than a dozen farmers in several states. The case is currently headed for trial, which hasn't yet been scheduled and is unlikely to occur before 2026 based on current deadlines [PDF]. ®