Washington, D.C. – The U.S. government is putting pressure on fast-food chains, like McDonald’s, to make their soft serve ice cream machines easier to fix when they break down. In a joint letter to the U.S. Copyright Office, the Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) antitrust division are advocating for changes to the Digital Millennium Copyright Act that currently hinder franchise owners from repairing these machines independently or hiring third-party technicians.
Currently, only technicians authorized by the company that manufactures McDonald’s soft serve machines are permitted to perform digital repairs. The FTC and DOJ argue that expanding repair-related exemptions would promote competition in markets for replacement parts, repair, and maintenance services for these machines.
According to the letter, soft serve equipment breakdowns can result in significant financial losses for businesses, with long wait times for authorized repairs and high fees when licensed technicians are involved. In response to consumer complaints and concerns raised by McDonald’s franchise owners in 2021, the FTC initiated an investigation into the issue.
In a separate legal battle, McDonald’s faced a $900 million lawsuit from an ice cream repair company in 2022 after banning the use of a product that would allow franchise owners to troubleshoot digital issues with their machines remotely. The device, which was deemed a violation of the machine’s warranty by McDonald’s, was said to pose a risk of “serious human injury.”
Both McDonald’s and the equipment company, Taylor, have been contacted for their comments on the matter. The need for easier access to repairs for soft serve ice cream machines has become a growing concern, with the government and industry stakeholders working towards a resolution that benefits both businesses and consumers.