“Right to Repair” Litigation: What You Need to Know
The Right to Repair movement first gained traction in 2012 when Massachusetts passed the Motor Vehicle Owners’ Right to Repair Act. This Act required automotive manufacturers to make available “for purchase by owners of motor vehicles manufactured by such manufacturer and by independent repair facilities the same diagnostic and repair information, including repair technical updates, that such manufacturer makes available to its dealers through the manufacturer’s internet-based diagnostic and repair information system or other electronically accessible manufacturer’s repair information system.”
The Repair Organization has published “Model Legislation” for states considering such laws. The Model Legislation does not apply to motor vehicle manufacturers, as these manufacturers are currently exempted “out of respect for the negotiated industry agreement in place between most manufacturers and most aftermarket groups.” The Model Legislation contemplates enforcement by the State Attorney General, who would have the authority to issue fines for noncompliance.
Source: JD Supra, LLC