Migliaccio & Rathod LLP is investigating whether Mercury Marine improperly restricts owners and independent marine mechanics from diagnosing, repairing, programming, or returning Mercury outboard and sterndrive engines to service by limiting access to essential diagnostic software and electronic service functions.
What Consumers Report
Consumers and independent repairers report:
- Being unable to perform complete engine diagnostics without Mercury proprietary CDS G3 software.
- Learning that full diagnostic access may be limited to contracted Mercury dealers.
- Being able to read some fault codes but not complete programming, calibration, or return-to-service procedures.
- Having to transport or tow boats long distances to an authorized dealer.
- Waiting weeks for dealer appointments during a short boating season.
- Paying dealer labor and diagnostic charges for software functions that take only a short time to perform.
- Being unable to install or activate certain replacement electronic components without dealer involvement.
- Losing substantial use of their boats while waiting for repairs.
Why Consumers Should Be Concerned
Modern Mercury engines rely on electronic control modules, sensors, digital throttles, steering systems, and software-based calibration. A physical repair may remain incomplete if the replacement part must be programmed, paired, initialized, or authenticated using a dealer-controlled tool.
Boat owners may face greater harm than ordinary vehicle owners because boats are often stored far from authorized dealers, hauling is expensive, marina charges may continue during downtime, and a delayed repair can consume much of the usable boating season. Consumers who purchased their engines outright may reasonably expect qualified independent mechanics to be able to complete ordinary repairs.
Potential Claims May Include
- Unfair and deceptive trade practices
- Consumer protection violations
- Failure to disclose repair restrictions
- Breach of express warranty
- Breach of implied warranty
- Magnuson-Moss Warranty Act violations
- Unlawful tying or monopolization
- Unjust enrichment
Signs You May Be Affected
You may be affected if:
- You own a boat powered by a Mercury outboard or sterndrive engine.
- An independent mechanic diagnosed the problem but could not complete the repair.
- Your engine required dealer-only programming, calibration, or module pairing.
- You paid an authorized dealer to clear codes or activate a replacement component.
- You transported or towed your boat a significant distance for dealer service.
- Your boat remained unusable for weeks while waiting for an authorized repair.
- A warranty claim was denied or discouraged because an independent mechanic performed prior work.
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.