Bill > H4982

This bill, titled "Relative to portable wireless device repair," aims to establish new regulations for the repair of portable wireless devices, such as smartphones, in Massachusetts, effective January 1, 2027. It mandates that manufacturers of these devices must make diagnostic tools, repair documentation (like manuals and schematics), and replacement parts available to owners and independent repair providers on "fair and reasonable terms," meaning at costs and conditions comparable to what manufacturers offer their own authorized repair providers, with documentation provided at no charge unless requested in physical form. The bill defines key terms like "independent repair provider" as any unaffiliated business that repairs these devices, and "manufacturer" as a business that sells or supplies new portable wireless devices or their parts. It also clarifies that manufacturers are not required to disclose trade secrets unless necessary for providing repair information, and they are not liable for damages caused by independent repair providers, nor for privacy or security breaches resulting from such repairs. Furthermore, independent repair providers must clearly inform customers that they are not authorized by the manufacturer and must provide detailed written disclosures before any repair, including information about parts used, costs, technician qualifications, and potential exposure to the owner's personal data. The Attorney General is empowered to enforce these provisions, with a 30-day notice period for alleged violations to allow businesses to correct issues before legal action is taken, and the bill exempts devices approved by the U.S. Food and Drug Administration.

Budget and Finance

Joint Committee on Consumer Protection and Professional Licensure (Joint)

https://malegislature.gov/Bills/194/H4982