https://www.ftc.gov/news-events/news/press-releases/2022/06/ftc-takes-action-against-harley-davidson-westinghouse-illegally-restricting-customers-right-repair-0 Skip to main content U.S. flag An official website of the United States government Here's how you know Here's how you know Dot gov The .gov means it's official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site. Https The site is secure. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Translation Menu * Espanol Secondary Menu * Report Fraud * Sign Up for Consumer Alerts * Search the Legal Library Menu close Main Menu Mega * Show/hide Enforcement menu items Enforcement We enforce federal competition and consumer protection laws that prevent anticompetitive, deceptive, and unfair business practices. View Enforcement Search or browse the Legal Library Find legal resources and guidance to understand your business responsibilities and comply with the law. Browse legal resources Search small [ ]Search Sections + Cases and Proceedings + Premerger Notification Program + Merger Review + Anticompetitive Practices + Rulemaking + Statutes + Competition and Consumer Protection Guidance Documents + Warning Letters + Consumer Sentinel Network + Criminal Liaison Unit + Recent FTC Cases Resulting in Refunds + Notices of Penalty Offenses + Competition Matters Blog Take action + Report an antitrust violation + File adjudicative documents + Find banned debt collectors + View competition guidance Competition Matters Blog Competition Matters HSR threshold adjustments and reportability for 2022 the Premerger Notification Office Staff February 11, 2022 View all Competition Matters Blog posts * Show/hide Policy menu items Policy We work to advance government policies that protect consumers and promote competition. View Policy Search or browse the Legal Library Find legal resources and guidance to understand your business responsibilities and comply with the law. Browse legal resources Search small [ ]Search Sections + Advocacy and Research + Advisory Opinions + Cooperation Agreements + Federal Register Notices + Reports + Public Comments + Studies + Testimony + Policy Statements + International Take action + Find policy statements + Submit a public comment Feature [ftc_hq6_400x350] Vision and Priorities Memo from Chair Lina M. Khan to commission staff and commissioners regarding the vision and priorities for the FTC. Learn more Tech@FTC Blog Tech@FTC On FTC's Twitter Case: Enhancing Security Without Compromising Privacy DPIP and CTO Staff May 25, 2022 View all Tech@FTC Blog posts * Show/hide Advice and Guidance menu items Advice and Guidance Learn more about your rights as a consumer and how to spot and avoid scams. Find the resources you need to understand how consumer protection law impacts your business. Take action + Report fraud + Report identity theft + Register for Do Not Call + Sign up for consumer alerts + Get Business Blog updates + Get your free credit report + Find refund cases + Order bulk publications Consumer Advice + Shopping and Donating + Credit, Loans, and Debt + Jobs and Making Money + Unwanted Calls, Emails, and Texts + Identity Theft and Online Security + Scams Business Guidance + Advertising and Marketing + Credit and Finance + Privacy and Security + By Industry + For Small Businesses + Browse Business Guidance Resources + Business Blog Servicemembers: Your tool for financial readiness Visit militaryconsumer.gov Get consumer protection basics, plain and simple Visit consumer.gov Learn how the FTC protects free enterprise and consumers Visit Competition Counts Looking for competition guidance? Competition Guidance * Show/hide News and Events menu items News and Events Latest News Press Release Federal Trade Commission Sends More than $2 Million to Students Harmed by Debt Relief Scam June 22, 2022 View News and Events Upcoming Event Jun28 Cmr. Phillips speaker at Main Plenary of the 12th Annual International Cybersecurity Conference Tuesday, June 28, 2022 | 6:00AM - 7:00AM View more Events Sections + News + Events + Features + Topics + Data and Visualizations + Stay Connected Sign up for the latest news Follow us on social media Feature Computer-generated illustration of gray and red coronavirus cell on solid black background Coronavirus Scams Spot the latest COVID scams, get compliance guidance, and stay up to date on FTC actions during the pandemic. Latest Data Visualization COVID-19 Visualization Map Daily COVID-19 Complaint Data Use our visualizations to explore scam and fraud trends in your state based on reports from consumers like you. * Show/hide About the FTC menu items About the FTC Our mission is protecting consumers and competition by preventing anticompetitive, deceptive, and unfair business practices through law enforcement, advocacy, and education without unduly burdening legitimate business activity. Learn more about the FTC Sections + Mission + History + Commissioners and Staff + Bureaus and Offices + Budget and Strategy + Office of Inspector General + Careers at the FTC + Contact Featured Lina M. Khan Meet the Chair Lina Khan was sworn in as Chair of the Federal Trade Commission on June 15, 2021. Chair Lina Khan * Search Show/hide Search menu items Enter Search Term(s): [ ][Search] Looking for legal documents or records? Search the Legal Library instead. Translation Menu * Espanol Secondary Menu * Report Fraud * Sign Up for Consumer Alerts * Search the Legal Library * Enforcement Show/hide Enforcement menu items + Cases and Proceedings + Premerger Notification Program + Merger Review + Anticompetitive Practices + Rulemaking + Statutes + Competition and Consumer Protection Guidance Documents + Warning Letters + Consumer Sentinel Network + Criminal Liaison Unit + Recent FTC Cases Resulting in Refunds + Notices of Penalty Offenses + Competition Matters Blog * Policy Show/hide Policy menu items + Advocacy and Research + Advisory Opinions + Cooperation Agreements + Federal Register Notices + Reports + Public Comments + Studies + Testimony + Policy Statements + International * Advice and Guidance Show/hide Advice and Guidance menu items + Consumer Advice + Military Consumer + Consumer.gov + Business Guidance + Competition Guidance + Bulk Publications * News and Events Show/hide News and Events menu items + News + Events + Features + Topics + Data and Visualizations + Stay Connected * About the FTC Show/hide About the FTC menu items + Mission + History + Commissioners and Staff + Bureaus and Offices + Budget and Strategy + Office of Inspector General + Careers at the FTC + Contact Enter Search Term(s): [ ][Search] Looking for legal documents or records? Search the Legal Library instead. Breadcrumb 1. Home 2. News and Events 3. News 4. Press Releases For Release FTC Takes Action Against Harley-Davidson and Westinghouse for Illegally Restricting Customers' Right to Repair Agency Orders Require Companies to Fix Warranties, Come Clean with Customers, and Compete Fairly with Independent Repairers June 23, 2022 Tags: * Consumer Protection * Bureau of Consumer Protection * Retail * Advertising and Marketing The Federal Trade Commission is taking action against motorcycle manufacturer Harley-Davidson Motor Company Group, LLC and Westinghouse outdoor generator maker MWE Investments, LLC for illegally restricting customers' right to repair their purchased products. The FTC's complaints charge that the companies' warranties included terms that conveyed that the warranty is void if customers use independent dealers for parts or repairs. The FTC is ordering Harley-Davidson and Westinghouse to fix warranties by removing illegal terms and recognizing the right to repair, come clean with customers, and ensure that dealers compete fairly with independent third-parties. "Consumers deserve choices when it comes to repairing their products, and independent dealers deserve a chance to compete," said Samuel Levine, Director of the FTC's Bureau of Consumer Protection. "These orders require Harley and Westinghouse to fix their warranties, come clean with consumers, and ensure fair competition with independent providers. Other companies that squelch consumers' right to repair should take notice." Wisconsin-based Harley-Davidson sells motorcycles worldwide, and Ohio-based MWE Investments sells Westinghouse-brand outdoor power generators and related equipment. Each company offers limited warranties to consumers who buy their products that provide for no-cost repair or replacement, should the products have defects or other issues. The FTC has made it a priority to protect consumers' right to repair their products. The Magnuson Moss Warranty Act is one of the FTC's tools to address repair restrictions. It prohibits a company from conditioning a consumer product warranty on the consumer's using any article or service which is identified by brand name unless it is provided for free. Following the FTC's right to repair report Nixing the Fix, the Commission issued a Policy Statement on Repair Restrictions Imposed by Manufacturers pledging to ramp up investigations into illegal repair restrictions. According to the FTC's complaints, both companies were imposing illegal warranty terms that voided customers' warranties if they used anyone other than the companies and their authorized dealers to get parts or repairs for their products. The FTC also alleged that Harley-Davidson failed to fully disclose all of the terms of its warranty in a single document, requiring consumers to contact an authorized dealership for full details. The FTC alleges that these terms harm consumers and competition in multiple ways, including: * Restricting consumers' choices: Consumers who buy a product covered by a warranty do so to protect their own interests, not the manufacturer's. The companies' warranties improperly implied that as a condition of maintaining warranty coverage, consumers had to use the company's part or services for any repairs. * Costing consumers more money: By telling consumers their warranties will be voided if they choose third-party parts or repair services, the companies force consumers to use potentially more expensive options provided by the manufacturer. This violates the Warranty Act, which prohibits these clauses unless a manufacturer provides the required parts or services for free under the warranty or is granted an exception from the FTC. * Undercutting independent dealers: The Warranty Act's tying prohibition protects not just consumers, but also independent repairers and the manufacturers of aftermarket parts. By conditioning their warranties on the use of authorized service providers and branded parts, the companies infringed the right of independent repairers and manufacturers to compete on a level playing field. * Reducing resiliency: Consumers rely on the companies' products for emergency power and transportation. Robust competition from aftermarket part manufacturers is critical to ensuring that consumers get the replacement parts they need when they need them and are not at the mercy of branded part supply chains. More resilient and repairable products also lead to less waste in the form of products that could otherwise be fixed. Enforcement Actions Under the FTC Act and the Warranty Act, the FTC has the authority to take action against companies violating consumer protection laws, including those engaging in unfair or deceptive acts or practices. The FTC's orders in these cases: * Prohibit further violations: The companies will be prohibited from further violations of the Warranty Act, and in Harley-Davidson's case, the Disclosure Rule. They will also be prohibited from telling consumers that their warranties will be void if they use third-party services or parts, or that they should only use branded parts or authorized service providers. If the companies violate these terms, the FTC will be able to seek civil penalties of up to $46,517 per violation in federal court. * Recognize consumers' right to repair: Both companies will be required to add specific language to their warranties saying, " Taking your product to be serviced by a repair shop that is not affiliated with or an authorized dealer of [Company] will not void this warranty. Also, using third-party parts will not void this warranty." * Come clean with consumers: Both companies must send and post notices informing customers that their warranties will remain in effect even if they buy aftermarket parts or patronize independent repairers. * Alert dealers to compete fairly: Both companies are being required to direct authorized dealers to remove deceptive display materials, train and monitor employees, and not promote branded parts and dealers over third parties. The Commission vote to issue the administrative complaints and to accept the consent agreement was 5-0. Chair Lina M. Khan and Commissioner Rebecca Kelly Slaughter issued a statement. The FTC will publish a description of the consent agreement package in the Federal Register soon. The agreement will be subject to public comment for 30 days, beginning today and continuing through July 22, 2022, after which the Commission will decide whether to make the proposed consent order final. Instructions for filing comments appear in the published notice. Once processed, comments will be posted on Regulations.gov. The Federal Trade Commission works to promote competition and protect and educate consumers. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts. Contact Information Contact for Consumers Consumer Response Center 877-382-4357 https://reportfraud.ftc.gov/ Media Contact Mitchell J. Katz Office of Public Affairs 202-326-2161 Related Cases Westinghouse Outdoor Power Equipment (MWE Investments, LLC) Harley-Davidson Motor Company Related actions Statement of Chair Lina M. Khan Joined by Commissioner Rebecca Kelly Slaughter In the Matter of Harley-Davidson Motor Company Group and MWE Investments Inc. Return to top Menu Secondary Menu * Report Fraud * Sign Up for Consumer Alerts * Search the Legal Library Main navigation * Enforcement + Cases and Proceedings + Premerger Notification Program + Merger Review + Anticompetitive Practices + Rulemaking + Statutes + Competition and Consumer Protection Guidance Documents + Warning Letters + Consumer Sentinel Network + Criminal Liaison Unit + Recent FTC Cases Resulting in Refunds + Notices of Penalty Offenses + Competition Matters Blog * Policy + Advocacy and Research + Advisory Opinions + Cooperation Agreements + Federal Register Notices + Reports + Public Comments + Studies + Testimony + Policy Statements + International * Advice and Guidance + Consumer Advice + Military Consumer + Consumer.gov + Business Guidance + Competition Guidance + Bulk Publications * News and Events + News + Events + Features + Topics + Data and Visualizations + Stay Connected * About the FTC + Mission + History + Commissioners and Staff + Bureaus and Offices + Budget and Strategy + Office of Inspector General + Careers at the FTC + Contact Footer * Privacy Policy * Policy and Notices * FOIA * No FEAR Act * Office of Inspector General * USA.gov