Migliaccio & Rathod LLP is investigating whether Caterpillar improperly restricts equipment owners and independent repair businesses from diagnosing, repairing, programming, calibrating, or returning Caterpillar machinery to service by limiting access to essential software, passwords, service information, and electronic repair functions.
What Equipment Owners Report
Owners and independent repair professionals report:
- Needing Caterpillar Electronic Technician software to complete important repairs.
- Being able to identify a mechanical problem but not perform required programming or calibration.
- Requiring dealer passwords or factory authorization to complete certain service procedures.
- Being unable to install or activate used, rebuilt, or replacement electronic modules.
- Paying authorized dealers for software resets or calibrations after the physical repair was completed.
- Waiting for dealership technicians while expensive machinery remained idle.
- Losing revenue because equipment could not be returned to service.
- Receiving repair tools that may not provide the same functionality available to authorized dealers.
Why Equipment Owners Should Be Concerned
Modern Caterpillar equipment relies on electronic control modules, sensors, emissions systems, hydraulic controls, engine-management software, and machine-specific calibrations. A qualified independent mechanic may be able to replace the failed component but remain unable to finish the repair without manufacturer-controlled software or credentials.
For contractors, construction companies, and equipment owners, downtime can create substantial losses through missed jobs, employee idle time, equipment rentals, liquidated damages, and project delays. The central issue is whether owners and independent repairers receive repair access that is functionally equal to the access available to Caterpillar dealers.
Potential Claims May Include
- Unfair and deceptive trade practices
- State consumer or business-protection violations
- Failure to disclose repair restrictions
- Breach of contract
- Breach of express warranty
- Breach of implied warranty
- Unlawful tying of equipment and repair services
- Monopolization or attempted monopolization
- Unjust enrichment
Signs You May Be Affected
You may be affected if:
- You own or lease Caterpillar construction, forestry, mining, or compact equipment.
- An independent mechanic diagnosed the problem but could not complete the repair.
- Your machine required a dealer password, software flash, calibration, or module pairing.
- You paid a Caterpillar dealer to perform an electronic reset after a physical repair.
- Your equipment remained idle while waiting for authorized service.
- You rented replacement equipment or lost revenue because of the delay.
- You were told that only a Caterpillar-authorized dealer could complete the repair.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.