JCB Right-to-Repair Investigation

Migliaccio & Rathod LLP is investigating whether JCB improperly restricts owners and independent repair professionals from diagnosing, repairing, programming, and calibrating JCB construction and agricultural equipment by limiting access to essential software and electronic service functions.

What Equipment Owners Report

Owners and independent mechanics report:

  • Needing JCB-specific diagnostic software to evaluate equipment faults.
  • Being unable to complete software resets, controller programming, or calibrations.
  • Requiring authorized-dealer service after replacing electronic parts.
  • Waiting extended periods for dealership technicians.
  • Paying substantial charges for dealer-only software procedures.
  • Losing productive work time while equipment remained disabled.
  • Being unable to use independent mechanics for otherwise routine repairs.
  • Learning about proprietary repair requirements only after purchasing the machine.

Why Equipment Owners Should Be Concerned

Modern JCB machinery uses electronic systems to control engines, transmissions, hydraulics, emissions equipment, and safety features. A physical repair may not restore the machine unless the replacement component is configured or authorized using manufacturer-controlled software.

For owners who rely on the equipment commercially, repair restrictions may cause lost jobs, rental expenses, employee downtime, and project delays. Consumers may not have been adequately informed that essential repairs could require dealer-controlled access.

Potential Claims May Include

  • Unfair and deceptive trade practices
  • Failure to disclose repair restrictions
  • State consumer and business-protection violations
  • Breach of contract
  • Breach of express warranty
  • Breach of implied warranty
  • Unlawful repair-market tying
  • Monopolization or attempted monopolization
  • Unjust enrichment

Signs You May Be Affected

You may be affected if:

  • You own or lease JCB construction or agricultural equipment.
  • Your mechanic could not complete a repair without proprietary software.
  • A replacement module or component required dealer activation.
  • You paid a JCB dealer for software programming, calibration, or resets.
  • Your equipment remained unavailable while waiting for authorized service.
  • You incurred rental charges or lost income.
  • You were told that only an authorized JCB 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.

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