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I once had a similar situation.
If you roll up the bottom vinyl, you can see how it operates front to back folding. Seem to remember, that I was able to snug up the bolt with a wrench to stiffen it up. It then still folded forward ( tightly) but not back with your weight on it.
I just checked my backrest and it will bend rearward. If you mount it on the bike and are sitting on the seat I believe it will function correctly. The rest won't fold back as the lower portion of your back is holding it. I know this sounds confusing but the hinge point of the rest won't allow it to bend backwards with pressure against it from the front side.
I hope this helps.
Thanks for all the replies! Been out of town the past few days so I haven't had time to try your suggestions. I had a Harley backrest on my '09 Ultra and I could put my full weight on it while riding and it wouldn't budge. I just can't imagine this HD backrest would be designed to bend backwards for any reason. I contacted the seller and he's willing to make it right so no worries. If your suggestions work I'll follow up on the forum with the fix.
UPDATE: Ebay seller (who is an H-D Dealer) says (are you ready?) it's normal...
Well, maybe it is designed to bend backwards a little...for comfort perhaps...but I really don't think HD designed their backrest to bend backwards farther than it bends forward. That just doesn't make sense to me. I tightened up the set screw - no difference. So now off to tighten up the bolt/nut that mkguitar referred to. If that doesn't work I'll just install it on the bike with some chrome-colored duct tape and call it fixed. Worst part is, I will have to admit to my wife that she was right....you get what you pay for.
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