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119-s-3821119th CongressWALLET

Fair Repair Act

Sponsored By: Senator Luján, Ben Ray [D-NM]

Introduced

Summary

Access to parts, tools, and documentation. This bill would require original equipment manufacturers to make those items available to owners and independent repair providers on fair and reasonable terms, including updates.

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  • Owners and independent repair providers would get documentation, parts, tools, and software needed for diagnosis, maintenance, or repair so they can fix equipment themselves or for customers. It bars parts pairing and other tech that prevents installation or creates misleading alerts about replacement parts.
  • Manufacturers would have to provide ways to disable and reset electronic security locks during repairs so full functionality can be restored. The bill also limits OEM liability for repairs done by independent providers or owners and says OEMs need not warranty those third-party repairs.
  • Enforcement would be handled by the Federal Trade Commission and by State Attorneys General, who could seek injunctions, penalties, and damages. The bill excludes motor vehicles, motor vehicle dealers, medical devices, off-road vehicles, and certain emergency communications gear and would take effect 60 days after enactment.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 1 costs, 0 mixed.

Limits on maker liability and product exclusions

If enacted, the bill would bar makers and authorized repair providers from liability for damage or loss caused by repairs done by owners or independent repair shops. Makers would not be required to warranty repairs done by those third parties and would not be liable for certain data or privacy losses tied to those repairs. The bill would not apply to motor vehicle makers and dealers acting in that capacity, medical device makers, many off-road and non-road vehicle makers (for example aircraft, motorcycles, boats, ATVs, UTVs, RVs, and racing vehicles), or certain emergency safety communications equipment makers when acting in that role.

Easier repairs for owners and shops

If enacted, the bill would require device makers to provide documentation, parts, and tools to owners and independent repair shops on fair and reasonable terms. For devices with electronic security locks, makers would have to provide the special tools and instructions to disable and reset the lock during repair. The bill would ban parts-pairing locks, misleading or non-dismissible warnings about parts, extra repair fees, and limits on who may buy parts or repair. Any contract term that tries to waive these repair rights would be void.

Stronger enforcement by FTC and States

If enacted, the bill would let the Federal Trade Commission treat section 2 violations as unfair or deceptive acts under the FTC Act and issue rules under the normal federal rulemaking process. The FTC would have the same enforcement powers it already has under the FTC Act. State attorneys general could also sue in state or federal court for injunctions, penalties, and restitution for state residents, but they must notify the FTC first and the FTC may intervene. The bill would take effect 60 days after enactment and apply to equipment sold or in use on or after that date.

Sponsors & CoSponsors

Sponsor

Luján, Ben Ray [D-NM]

NM • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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