Right to Repair

The “Right to Repair” is a movement and a set of principles advocating for consumers’ ability to repair, modify, and maintain their products. This initiative has gained significant traction in various regions, leading to legislative efforts. Consequently, several jurisdictions have enacted right-to-repair obligations to manufacturers. These laws support the initiatives. Let us look at the main ones.

Right to Repair Passed Regulations

California

Senate Bill SB-244, Chapter 704, enacts the Californian Right to Repair Act, effective July 1st, 2024. In short, any company offering a warranty for electronic or appliance products, such as TVs, radios, recording equipment, home appliances, antennas, and rotators, priced between $50 and $99.99 to retailers, must provide service information and parts for repairs. This obligation lasts at least three years from the manufacturing date of a product model or type. It applies even if it extends beyond the product’s warranty period.

Additionally, the law makes it necessary for manufacturers to offer, under fair and reasonable terms, the means for owners, repair facilities, and dealers to diagnose, maintain, or fix the products, regardless of whether there is a warranty. Among other requirements, the bill also allows cities, counties, or the state to take legal action in superior court to impose penalties ($1,000/day) on individuals or entities violating the Right to Repair Act.

Canada

In Canada, Bill C-244 focuses on amendments to the Canadian Copyright Act. Specifically, it targets the electronics industry’s diagnosis, maintenance, and repair of devices. Further, the bill extends the Copyright Act’s technical definitions to include computer programs, allowing for legal provisions related to the repair and maintenance. It also encourages repair service providers and sets boundaries to prevent copyright infringement. The legislation addresses the complexities of aftermarket repair and its impact on smaller companies, fostering a more accessible and balanced approach to e-waste management. The bill also emphasizes the need for brands to relinquish control over proprietary technologies, opening up intellectual property to third parties.

Overall, C-244 introduces considerations that promote aftermarket repair, increase the availability of OEM parts, and contribute to a more sustainable handling of electronic waste.

Colorado

Colorado HB22-1031 focuses on the repair of powered wheelchairs. From January 1st, 2023, manufacturers must furnish parts, embedded software, firmware, tools, and documentation (such as manuals or diagrams) to independent repair providers and owners of the manufacturer’s powered wheelchairs. This provision enables independent repair providers and owners to perform diagnostic, maintenance, or repair services on the powered wheelchairs. It’s worth noting that failure to comply with this requirement is considered a deceptive trade practice. Any contractual provision entered into by a manufacturer after January 1st, 2023, that attempts to remove or limit the obligation to provide these resources is deemed void and unenforceable. Manufacturers are not obligated to disclose trade secrets in providing these resources. Manufacturers, however, are not held liable for any faulty or improper repairs conducted by independent repair providers or owners of powered wheelchairs.

HB23-1011 affects agricultural equipment. From January 1st, 2024, HB23-1011 compels manufacturers to supply parts, software, tools, and documentation, including diagnostic and repair manuals, to independent repair providers and owners of the manufacturer’s agricultural equipment. As a result, manufacturers must perform diagnostic, maintenance, or repair services. Like in HB22-1031, failure to comply with this requirement is considered a deceptive trade practice. Finally, manufacturers must adhere to these requirements even if they are part of a nationwide agreement.

Massachusetts

In 2023, the Massachusetts Senate passed Bill S.2478, the Portable Wireless Device Repair Act, which came into force on Jan 1st, 2024. Accordingly, manufacturers of portable wireless devices must provide owners and independent repair providers with access to documentation, parts, and tools necessary for diagnosing, maintaining, or repairing such devices. If a manufacturer fails to provide these resources, the affected party can notify the manufacturer in writing, giving them 30 days to address the issue. If the problem persists or the party remains unsatisfied with the response, the consumer can file a complaint in Superior Court.

Notably, the Act excludes devices approved by the United States Food and Drug Administration. Moreover, it applies to equipment sold or used on or after the Act’s effective date.

Minnesota

Minnesota has enacted HF 1337, applicable from July 1st, 2024, similarly to California. HF 1337 applies to some consumer electronics. Like most right-to-repair regulations, stakeholders must maintain parts, tools, and repair documentation under certain conditions. In case of non-compliance, penalties start at 25 000 $.

New York State

S4106 § 399-nn, the sale of digital electronic equipment, diagnostic, and repair information is the New York right-to-repair act. Like California and Minnesota, it applies to some consumer electronics with spare parts availability, tools, and repair documentation under certain conditions. This law applies from December 28th, 2023.

Oregon

Oregon has enacted the Right to Repair legislation SB 1596 for electronics, safeguarding the owners’ prerogative to have their devices repaired at their chosen location while curbing the practice of parts pairing. This law requires manufacturers, to provide parts, tools, documentation, and software for devices dating as far back as 2015 – and 2021 for smartphones.

The European Union

Through eco-design regulations, the EU has also set some right-to-repair rules.

The Right to Repair Philosophy

The essence of the Right to Repair movement is rooted in the belief that individuals have the right to control and extend the lifespan of their possessions, ranging from smartphones and laptops to household appliances and agricultural equipment.
Proponents of Right-to-Repair argue that it promotes sustainability and reduces electronic waste. Additionally, it empowers consumers with more choice and control over their belongings. Thus, open access to repair information, spare parts, and diagnostic tools can foster a more competitive repair market and diminish the need for premature replacements.

Safety First

We should never forget safety, security, and intellectual property issues when we repair products.

Right to Repair and Circular Economy

The right-to-repair principle is closely aligned with the circular economy, as both promote sustainability, resource efficiency, and waste reduction. Here’s how the Right to Repair aligns with the principles of a circular economy:

Prolongs Product Lifespan

The Right to Repair encourages repairing and maintaining products rather than discarding them when a minor issue arises. Extending the lifespan of products avoids planned obsolescence and aligns with the circular economy’s goal of maximizing the use of resources over time.

Reduces Electronic Waste

Enabling individuals and repair professionals to fix and refurbish products reduces the amount of electronic waste generated. It aligns with the circular economy’s emphasis on minimizing waste and keeping materials in use for as long as possible.

Encourages Reuse and Refurbishment

The Right to Repair fosters a culture of reuse and refurbishment. Rather than disposing of a product, consumers can repair and continue using it. It aligns with the circular economy, where the emphasis is on maintaining products and components within the economic system.

Optimizes Resource Use

Repairing products instead of replacing them contributes to optimizing the use of raw materials and resources. Circular economy principles aim to extract maximum value from resources, and the Right to Repair supports this by reducing the need for new products and components.

Minimizes Environmental Impact

By reducing the demand for new products, the Right to Repair helps minimize the environmental impacts of manufacturing, transportation, and disposal. Circular economy principles focus on mitigating the environmental footprint of products throughout their life cycle.

Promotes a Shift from Linear to Circular Models

First, Right-to-Repair challenges the linear “take-make-dispose” model. It encourages a shift towards a circular model where product designers keep repairability in mind. Circular economy principles advocate for products that are easy to disassemble, repair, and upgrade. Thus, it promotes a more sustainable product life cycle.

In short, the Right to Repair supports the transition to a circular economy by promoting practices that reduce waste, extend product lifespans, and optimize the use of resources. Both concepts strive to create a more sustainable and environmentally friendly approach to production and consumption.

Voluntary Initiatives

Several organizations, like repair.org, promote an American society that encourages repair, prioritizing consumer rights and sustainability. Repair.org also monitors the right-to-repair legislation.

In summary, the Right to Repair movement is a response to the evolving dynamics of consumerism and technology, seeking to balance the interests of manufacturers and consumers while addressing environmental concerns and promoting a more sustainable approach to product use and disposal.

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