June 6 (Reuters) - Harley-Davidson ( HOG ) has persuaded a judge

to dismiss a proposed class action claiming the company imposed

unlawful restrictions on customers that boosted the cost of

repairs for its iconic motorcycles.

U.S. District Judge William Griesbach in Green Bay,

Wisconsin, federal court on Wednesday ruled for now against 15

individual consumers who bought Harley-Davidson ( HOG ) motorcycles

between 2016 and 2022.

The consumers claimed Harley-Davidson ( HOG ) illegally tied the

sale of its motorcycles and their factory warranties to the

requirement that buyers use only the company's branded parts

through authorized dealers. The lawsuit alleged violations of

antitrust and warranty laws.

Griesbach said the plaintiffs could file an amended lawsuit

within 30 days.

Milwaukee-based Harley-Davidson ( HOG ) and attorneys for the

plaintiffs did not immediately respond to requests for comment.

In their coordinated lawsuit, the Harley-Davidson ( HOG ) owners

challenged a provision of the manufacturer's limited warranty

that said the use of unauthorized parts "may void" the warranty.

Harley-Davidson ( HOG ) countered that the provision does not say

the company "will" void a warranty if certain parts are used,

only that it may.

The plaintiffs said Harley-Davidson ( HOG ) was "impermissibly

leaving purchasers of expensive motorcycles to guess whether

they will lose valuable warranty coverage by using the 'wrong'

parts."

Griesbach sided with Harley-Davidson ( HOG ) on the warranty

provision, and he concluded that Harley-Davidson ( HOG ) had not tied

the sale of its motorcycles to the use of branded parts.

The consumers had not alleged they were "precluded from

buying a motorcycle without agreeing to purchase Harley-Davidson ( HOG )

parts," Griesbach wrote.

The Biden-era Federal Trade Commission in 2021 voted to make

"right to repair" a priority, vowing to boost enforcement

actions against illegal repair restrictions.

In 2022, Harley-Davidson ( HOG ) agreed to resolve an FTC case

accusing the company of illegally curtailing buyers' repair

rights.

Harley-Davidson ( HOG ) in the FTC settlement said it would not void

warranties for customers who had used authorized service centers

or third-party parts.

Harley-Davidson ( HOG ) did not admit liability in agreeing to

settle. The company said its resolution of the FTC's case has no

bearing on the private civil lawsuit.

The case is Harley-Davidson Aftermarket Parts Marketing,

Sales Practices and Antitrust Litigation, U.S. District Court,

Eastern District of Wisconsin, No. 2:23-md-03064-WCG.

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