Deere settles right-to-repair suit, but Federal Trade Commission case still looms

FAYETTEVILLE, Ark. — Farm equipment maker John Deere has agreed to a $99 million proposed settlement of right-to-repair claims, but that’s not the last word — or litigation — in a wider situation that raised questions about data transparency and allegations of unfair business practices. 

"It is a big win for those plaintiffs, but we will have to see what the impact is for the rest of the farmers in the country with green equipment,” said Rusty Rumley, senior staff attorney for the National Agricultural Law Center.  

The proposed settlement, filed April 6 with the U.S. District Court of Northern Illinois Western Division, must still be approved by members of the plaintiff class and the court. Under the settlement, farmers who were part of the class action suit will be reimbursed for specific repairs made by Deere dealers going back to January 2018. The settlement also calls for the company to provide digital tools to allow farmers and independent repair shops to manage software and electronics problems. 

Still looming is suit filed against Deere in January 2025 by the Federal Trade Commission, and the states of Minnesota and Illinois. This case will also be heard the U.S. District Court of Northern Illinois Western Division.  

“The FTC is the bigger case, but we don’t yet know when that case will be heard,” Rumley said.  

Will Scobey, staff attorney with the National Agricultural Law Center, describes right to repair “as a nationwide movement seeking to lift repair restrictions on various products from consumer electronics to large-scale agricultural equipment.”  

“For farmers, this movement marks an attempt to restore the ability to repair their equipment without being subjected to manufacturer restrictions,” he said.  

As software becomes more widely used in everything from laundry washing machines to combines, questions have arisen about who has the right to fix equipment running on a company’s proprietary software. 

“Deere prohibits customer modification of ‘embedded software’ due to ‘risks related to the safe operation of equipment, emissions compliance, engine performance, data security, warranty validation and resale value,” Scobey said.  

In its suit, the FTC says, among other things, that because Deere’s full-function software diagnostic tool is available only to dealers, this exclusivity “has allowed Deere to gain monopoly power over the repair market for its equipment,” Scobey said.  

In 2023, Colorado enacted the Consumer’s Right-to-Repair Agricultural Equipment Act and became the first state to pass legislation about right to repair in agricultural equipment. That same year, the American Farm Bureau Federation and several equipment manufacturers signed a memorandum of understanding to provide farmers and independent repair facilities with access to error codes, specialty tools and information on how to repair the problems.  

Legislation attempting to codify the right to repair has been advanced in all 50 states, but many states have yet to fully enact such laws. 

Arkansas has two pieces of legislation on the issue, neither of which has been made law — 2021’s state Senate Bill 461, To Establish the Farmers Right to Repair Act, and 2025's Arkansas House Bill 1852, Right to Repair for Certain Agricultural Equipment. 

Learn more about right to repair at the National Agricultural Law Center. 

Deere is part of a proposed settlement in a class action suit, but another case, filed by the Federal Trade Commission, is still pending. (UADA photo).

For more information about the NALC, visit NationalAgLawCenter.org and subscribe to receive NALC communications, including webinar announcements, the Quarterly Newsletter and The Feed.