Right to Repair Act
The Right to Repair Act establishes consumer rights to repair and maintain purchased electronic devices and equipment by requiring manufacturers to provide necessary repair documentation, parts, and tools. This legislation aims to promote consumer choice, reduce electronic waste, and encourage competition in the repair market.
Key Provisions
Consumer Access to Repair Information: Requires manufacturers to provide consumers and independent repair providers with access to the same repair documentation, software, and tools that are available to authorized repair providers, under fair and reasonable terms.
Availability of Replacement Parts: Mandates that manufacturers make replacement parts available for purchase by consumers and independent repair providers for a minimum of five years after the last production date of a product.
Prevention of Technological Barriers: Prohibits manufacturers from using software locks, encryption, or other technological barriers to prevent repair, unless such measures are essential for security or safety, in which case they must provide workarounds for legitimate repair activities.
Liability Protections for Repairs: Protects manufacturers from liability for damages resulting from repairs conducted by consumers or independent repair providers, provided the manufacturer has complied with the Act’s provisions.
Exemptions for Sensitive Equipment: Allows limited exemptions for certain categories of equipment, such as medical devices, where unrestricted access to repair tools or software may pose a public safety or privacy risk, but requires manufacturers to justify such exemptions.
Model Language
Section 1. Title: This Act shall be known as the “Right to Repair Act.”
Section 2. Findings and Purpose
(a) The Legislature finds that:
(1) Consumers and independent repair providers face significant barriers to repairing electronic devices and equipment, leading to increased costs and electronic waste.
(2) The inability to repair purchased products undermines consumer rights and stifles competition in the repair market.
(3) Enabling repairs benefits the environment by extending the lifespan of electronic products and reducing the volume of waste sent to landfills.
(b) The purpose of this Act is to ensure that consumers and independent repair providers have access to the necessary resources to repair and maintain electronic products in a fair and reasonable manner.
Section 3. Definitions
For the purposes of this Act:
(a) “Consumer” means an individual or entity that purchases or leases electronic equipment for personal, business, or other use.
(b) “Independent repair provider” means a person or entity not affiliated with a manufacturer that offers repair services for electronic equipment.
(c) “Manufacturer” means a person or entity that manufactures or distributes electronic equipment or software.
(d) “Repair documentation” means instructions, diagrams, schematics, software, or other information necessary to diagnose, maintain, or repair electronic equipment.
Section 4. Consumer Access to Repair Resources
(a) Manufacturers shall make repair documentation, software, and tools available to consumers and independent repair providers on fair and reasonable terms.
(b) Manufacturers shall not impose contractual or technical limitations on access to repair documentation, tools, or software, except as allowed under Section 6.
Section 5. Replacement Parts
(a) Manufacturers shall ensure the availability of replacement parts for electronic equipment for a minimum of five years after the last production date of the product.
(b) Replacement parts shall be offered on fair and reasonable terms without requiring consumers or independent repair providers to purchase additional services.
Section 6. Exemptions and Limitations
(a) Manufacturers may seek exemptions for specific categories of equipment where unrestricted access to repair resources poses a demonstrable risk to public safety, health, or privacy.
(b) Exemptions shall require justification supported by evidence and shall be reviewed by the relevant regulatory authority.
Section 7. Enforcement and Penalties
(a) Any manufacturer that violates the provisions of this Act shall be subject to penalties, including fines not exceeding $10,000 per violation.
(b) Consumers and independent repair providers may bring a civil action to enforce their rights under this Act.
Section 8. Liability Protections: Manufacturers shall not be held liable for damages arising from repairs conducted by consumers or independent repair providers, provided the manufacturer has complied with the provisions of this Act.
Section 9. Effective Date: This Act shall take effect six months after the date of enactment.