Bill > S1723

Introduced Session

This bill, to be known and cited as the "Fair Repair Act," establishes fair repair practices for digital electronic equipment, such as mobile phones, tablets, and other common consumer electronic devices. Under the bill, an original equipment manufacturer of equipment sold, offered for sale, or used in this State is required to make available to independent repair providers or equipment owners: (1) the same diagnostic, service, or repair documentation for no charge or in the same manner and in the same timeframe as the original equipment manufacturer makes it available to authorized repair providers; and (2) equipment or service parts, inclusive of any updates to the embedded software of the equipment, for purchase under fair and reasonable terms. The bill prohibits an original equipment manufacturer that sells diagnostic, service, or repair documentation to an independent repair provider or an owner in a format that is standardized with other original equipment manufacturers and on terms and conditions more favorable than those in which an authorized repair provider obtains the same documentation, from requiring an authorized repair provider to continue purchasing the documentation in a proprietary format unless the proprietary format includes diagnostic, service, or repair documentation or functionality that is not available in a standardized format. The bill also requires each original equipment manufacturer of equipment sold, offered for sale, or used in this State to make available for purchase by independent repair providers and owners all diagnostic repair tools incorporating the same diagnostic, repair, and remote communications capabilities that the original equipment manufacturer makes available to its own repair or engineering staff or any authorized repair provider. An original equipment manufacturer is required to offer tools for sale to an independent repair provider or owner under fair and reasonable terms. Under the bill, an original equipment manufacturer providing diagnostic, service, or repair documentation to aftermarket diagnostic tool manufacturers, diagnostics providers, or service information publications and systems is not responsible for the content and functionality of aftermarket diagnostic tools, diagnostics, or service information systems. In addition, original equipment manufacturers are not to exclude diagnostic, service, and repair documentation necessary to reset a security-related electronic function from information provided to an owner or independent repair provider. The bill makes violations of these provisions unlawful practices under the consumer fraud act. An unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, violations may result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party. The bill does not apply to motor vehicles, vehicle manufacturers, or vehicle dealers. The bill's provisions are retroactive to equipment sold or offered for sale on or after July 1, 2012.

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Paul Moriarty (D)*, 

Introduced in the Senate, Referred to Senate Commerce Committee (on 01/09/2024)

Official Document