Fixed Ops Journal - June 2021 - F19

FIXED OPS JOURNAL
NEW REPAIR ORDERS?
T
he right-to-repair issue that pits
consumers and independent repair
shops against automakers and
franchised dealerships over access to
repair information and parts could soon move
from the current battleground in Massachusetts
to Washington, D.C.
Th e latest fi ght started over a Massachusetts
law that would require automakers to equip vehicles
that use telematics - which collect and
wirelessly transmit information such as crash
notifi cations and remote diagnostics - with a
standardized, open-access data platform starting
with the 2022 model year. Such a platform
would be accessible to vehicle owners or third
parties such as independent repair shops .
Automakers are challenging the law in federal
court , arguing it is pre empted by several
U.S. laws, including ones that cover intellectual
property and design patents.
But the Federal Trade Commission is hinting
that it could write new regulations, and
right-to-repair advocates are trying to generate
interest in Congress for federal legislation.
Joshua Sarnoff , a DePaul University law professor,
says Washington is the proper venue for the
right-to-repair argument because most intellectual
property rights can be regulated only at the
federal level. Moreover, legislation has been proposed
in several other states, and manufacturers
don't want to deal with the prospect of complying
with diff ering state laws .
" Th e problem is, getting federal legislation
passed when there are well-funded opposing
parties is incredibly diffi cult, " Sarnoff says.
FTC steps in
Th e FTC issued a report May 6 calling for solutions
to right-to-repair complaints across a
range of consumer products, not just automobiles,
either through federal law, voluntary cooperation
by industry or new FTC regulations.
"
" The problem is, getting
federal legislation
passed when there are
well-funded opposing
parties is incredibly
diffi cult. "
JOSHUA SARNOFF, law professor,
DePaul University
Repair shops and aftermarket parts suppliers
for cars, cellphones, computers, appliances
and farm machinery have complained at
FTC hearings that manufacturers are freezing
them out by restricting access to repair information,
technology and parts.
Among the auto-related complaints is that
with the built-in telematics systems, automakers
can monitor maintenance needs and
steer vehicle owners to their own dealers. Another
grievance is certain parts are available
only through dealers.
Th e auto industry negotiated peace on the
right-to-repair issue after Massachusetts adopted
a law in 2013 that gave independent
shops access to repair information. In 2014,
automakers signed a memorandum of understanding
with the aftermarket industry that
eff ectively made the law national, giving
shops in all states the same access.
But a ballot issue approved by 75 percent of
Massachusetts voters last November would
add the new requirement about telematics
data availability.
Th e Alliance for Automotive Innovation, which
represents all major automakers, sued Massachusetts
to declare the law unenforceable. Th e
telematics access was supposed to take eff ect
with 2022 models, but the alliance said it needed
FTC and Congress could intervene in the right-to-repair battle
RICK POPELY
foj@autonews.com
time to develop an open-access platform.
Th e alliance, which would not comment for
this report, also argues that the 2013 law gives independent
shops full access to data needed for
repairs, including that transmitted via telematics,
and that providing universal access to
telematics information would create cybersecurity
problems. One industry spokesman, speaking
on background, likened it to every house in a
neighborhood having the same front door lock.
Opportunity in Congress
While the case is litigated, the timing in Washington
might be right for federal legislation because
Democrats will hold the White House and
Congress at least through the 2022 election cycle .
" If the Democrats continue to control both
houses of Congress, it makes it procedurally simpler,
but it's not clear that there is yet the political
will, much less the political understanding, to
fi gure out how to resolve this, " Sarnoff says.
Justin Rzepka, executive director of the Consumer
Access to Repair Coalition, a group that
represents parts manufacturers, retailers and
insurers in the collision repair industry, says
there are members of Congress on both sides
of the aisle interested in the issue, though he
wouldn't identify any.
" We are very hopeful and optimistic that
there will be legislation introduced in the near
term that will address the consumer issues, "
Rzepka says.
He says the FTC report provides momentum
because it was unanimously approved by the
four current commissioners and concluded
" there is scant evidence to support manufacturers'
justifi cations for repair restrictions "
across several industries.
Sarnoff agrees that the FTC report adds weight.
" I think the FTC report really helps because
it demonstrates there is a current problem of
substantial magnitude across a wide spectrum
of consumer goods, " he says. " Th at's the kind
of action that often can prompt legislation. " 
JUNE 2021 PAGE 19
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Fixed Ops Journal - June 2021

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