Deere Hit With New Lawsuit, This One for Construction Equipment Right to Repair

A little over a month after settling a “right-to-repair” class-action lawsuit for $99 million over its agricultural equipment, John Deere now faces a new class-action suit concerning its construction machines.

On May 14, a landscaping contractor filed suit against Deere & Company in U.S. District Court in Illinois, alleging violations of antitrust law for repairs of and parts for its construction and forestry equipment.

The suit brought by Christy Webber & Company “on behalf of itself and others so situated” alleges similar complaints to those filed for years against Deere & Company by farmers. For the most part, the construction equipment industry has not faced the same controversy and legal battles. The lawsuit follows a class-action suit that Deere settled Apri 6 with farmers for $99 million for alleged lack of access to the company’s diagnostic tools and other repair resources outside of its ag dealer network.

Christy Webber,  a commercial, municipal and residential landscaping service based in Chicago, alleges the same situation occurs for owners of construction and forestry equipment.

“Deere C&F equipment owners face the same lock-in, delays, overcharges, and loss of repair choice that has drawn judicial, regulatory, and public ire in the agriculture segment,” the lawsuit says. “Antitrust enforcement has exposed Deere’s scheme, but has not remedied the harm suffered by Deere C&F equipment owners. This lawsuit seeks to change that.”

Webber has bought or leased about 50 pieces of Deere equipment, including wheel loaders, compact track loaders, excavators and skid steers, according to the lawsuit.

Webber has in-house mechanics who have not been able to perform repairs beyond simple mechanical issues because it has been denied access to Deere’s “Fully Functional Tool,” which only its dealers have access, the suit alleges.

The result has led to costlier and slower repairs and parts at “inflated prices,” the complaint says.

“If Christy Webber had access to a Fully Functional Tool, it would have spent less money and time diagnosing and performing the repair and purchasing replacement parts.”

Equipment World has reached out to Deere for comment on the Christy Webber lawsuit, which seeks relief and triple damages under the Sherman Antitrust Act, as well as all legal expenses and a jury trial.

In settling its suit with farmers, Deere denied any wrongdoing. Along with the dollar amount, Deere agreed to provide owners, lessors and independent repair shops with the digital tools required for maintenance, diagnosis and repair of Deere large agricultural equipment. 

The farmers’ settlement still faces court approval.

Deere has the following statement on its website concerning right to repair:

At John Deere, we support our customers’ ability to maintain, diagnose, repair, and protect their equipment. Through various tools, we empower owners to keep their machines running efficiently — while helping ensure safety, regulatory compliance, and machine quality. Our commitment is to provide transparent, accessible repair options that meet the evolving needs of our customers.

The April settlement affects owners of large agricultural equipment serviced at Deere dealerships between January 20, 2018, and the date the settlement is approved.

The Webber lawsuit seeks a class of equipment owners that purchased restricted Deere construction and forestry repairs or parts for restricted repairs from May 14, 2022, to the present.

The suit was filed by attorney Shannon M. McNulty of Clifford Law Offices in Chicago.