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Federal Judge Delays Right To Repair Ruling … Again


Counterman

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More than 18 months after Massachusetts voters overwhelmingly approved a ballot measure expanding the state’s Right to Repair law to include data access for vehicle owners, the voter-approved changes remain in limbo.

Douglas Woodlock, a judge with the U.S. District Court for the District of Massachusetts, issued a notice on July 1 announcing another delay in the decision on the automakers’ challenge to the Right to Repair ballot initiative.   

Citing “the need to consider fully the implications of the long-anticipated decision” and “unforeseen and unforeseeable scheduling complications encountered in the past several weeks coming upon the extended holiday weekend,” Woodlock further delayed the conclusion of the case.

Based on his statement, the delay is expected to be short. However, the judge previously stated that he would issue a final judgment no later than July 2.

On Nov. 3, 2020, Massachusetts voters approved the ballot measure by a 75% to 25% margin. The new Right to Repair law would require manufacturers to provide vehicle owners both access and control of the diagnostic and repair data generated by their vehicles.

In December 2020, the Alliance for Automotive Innovation, whose members produce the vast majority of cars and light trucks sold in the United States, filed for a preliminary injunction against enforcement of the new law. The motion for injunction claims that the updated Right to Repair law “is unconstitutional because it is preempted by federal law.”

“By requiring auto manufacturers to eliminate existing cybersecurity controls that protect core vehicle functions and thereby ensure the safe operation of vehicles within prescribed emissions limits, the Data Law conflicts with the requirements, purposes and objectives of the federal National Traffic and Motor Vehicle Safety Act and the Clean Air Act,” the alliance asserts in its court filing.

The Auto Care Association

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for the consumers’ right to choose where they get their vehicle maintained and repaired through both state and federal legislation.

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    • By Counterman
      The CAR Coalition has reported that Massachusetts Attorney General Andrea Joy Campbell is prepared to move forward with the Massachusetts Right to Repair law.
      Ballot Question 1, which updated the state’s landmark 2013 Right to Repair law, passed with 75% of the vote in November 2020. Since then, automakers have kept the law tied in up federal court in an effort to block its implementation.
      While a federal judge has delayed ruling on the automakers’ lawsuit on six occasions, the attorney general recently issued notice that she intends to enforce the law effective June 1:
      “The people of Massachusetts deserve the benefit of the law they approved more than two years ago. Consumers and independent repair shops deserve to know whether they will receive access to vehicle repair data in the manner provided by the law. Auto manufacturers (“OEMs”) and dealers need to understand their obligations under the law and take action to achieve compliance.”
      – Massachusetts Attorney General Andrea Joy Campbell
      On the national stage, U.S. Rep. Neal Dunn recently re-introduced
      link hidden, please login to view. HR 906, as introduced in Congress, aims to “ensure consumers have access to data relating to their motor vehicles, critical repair information and tools, and to provide them choices for the maintenance, service and repair of their motor vehicles, and for other purposes.”
      “When it comes to repairing their automobiles, consumers deserve options,” said Dunn, a Florida Republican. “The REPAIR Act would give owners, including the rural communities in my district, secure access to critical data so their chosen service center can replace parts and repair their vehicles. I am proud to support competition in the vehicle repair industry.”
      Dunn is a member of the House Energy and Commerce Committee, which has responsibility for consumer protection, among several other topics. The bill was referred to the committee on Feb. 9.
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    • By Counterman
      On Feb. 9, U.S. Rep. Neal Dunn re-introduced federal Right to Repair legislation.
      HR 906, as introduced in Congress, aims to “ensure consumers have access to data relating to their motor vehicles, critical repair information and tools, and to provide them choices for the maintenance, service and repair of their motor vehicles, and for other purposes.”
      “When it comes to repairing their automobiles, consumers deserve options,” said Dunn, a Florida Republican. “The REPAIR Act would give owners, including the rural communities in my district, secure access to critical data so their chosen service center can replace parts and repair their vehicles. I am proud to support competition in the vehicle repair industry.”
      Dunn is a member of the House Energy and Commerce Committee, which has responsibility for consumer protection, among several other topics. The bill was referred to the committee on Feb. 9.
      The bipartisan bill has three co-sponsors: Reps. Brendan Boyle (Pennsylvania) and Marie Gluesenkamp Perez (Washington), both Democrats, and Rep. Warren Davidson, a Republican (Ohio).
      “There are hundreds of neighborhood mechanics in Philadelphia,” Boyle said in a news release. “The last thing those small business owners need is to be boxed out of making a living. This legislation would not only protect the business relationships between automobile owners and their mechanics, but it also ensures consumers continue to have more options on where to go for repairs.”
      Aftermarket trade groups applauded the legislation. In a news release on behalf of MEMA Aftermarket, the CAR (Consumer Access to Repair) Coalition and SEMA, the Auto Care Association said:
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      According to the Auto Care Association, the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act will accomplish this by:
      Preserving consumer access to high-quality and affordable vehicle repair by ensuring that vehicle owners and their repairers of choice have access to necessary repair and maintenance tools and data as vehicles continue to become more advanced. Ensuring access to critical repair tools and information. All tools and equipment; wireless transmission of repair and diagnostic data; and access to onboard diagnostic and telematic systems needed to repair a vehicle must be made available to the independent repair industry. Ensuring cybersecurity by allowing vehicle manufacturers to secure vehicle-generated data and requiring NHTSA to develop standards for how vehicle generated data necessary for repair can be accessed securely. Providing transparency for consumers by requiring vehicle owners be informed that they can choose where and how to get their vehicle repaired. Creating a stakeholder advisory committee and providing them with the statutory authority to provide recommendations to the FTC on how to address emerging barriers to vehicle repair and maintenance. Providing ongoing enforcement by establishing a process for consumers and independent repair facilities to file complaints with the FTC regarding alleged violations of the requirements in the bill and a requirement that the FTC act within five months of a claim. “As vehicle technology continues to advance, new barriers to a competitive auto repair market are emerging,” Auto Care said. “These barriers limit consumer choice in where to repair their motor vehicles and increase the cost to repair and maintain vehicles. The REPAIR Act will reduce these barriers, putting consumers’ interests first.”
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      Momentum has been building for Right to Repair in recent years.
      In November 2020, Massachusetts voters overwhelmingly voiced their support for Ballot Question 1 (also known as Right to Repair) with 75% of the vote, which preserves their right as vehicle owners to have access to and control of their vehicle’s mechanical data necessary for service and repair at the shops of their choice.
      In May 2021, the Federal Trade Commission released its
      link hidden, please login to view, which highlighted barriers that vehicle manufacturers have instituted to squash a consumer’s right to repair. The FTC has said it strongly supports expanding consumer repair options and found “scant evidence” for repair restrictions imposed by OEMs. In July 2021, President Biden issued the “
      link hidden, please login to view” executive order, which encouraged the FTC to address anti-competitive repair restrictions. In December 2022, the Digital Fair Repair Act was signed into law by New York Gov. Kathy Hochul, and in January 2023, John Deere signed an MOU with the American Farm Bureau Federation. The REPAIR Act is the only bill that addresses vehicle maintenance and repair restrictions, including heavy-duty vehicles the U.S. economy depends on for freight transport.
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    • By Counterman
      In November 2020, Massachusetts voters overwhelmingly approved an update to the state’s landmark Right to Repair law, requiring automakers to provide a platform that enables motorists to access and control their vehicles’ telematics data.
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      After voters approved the ballot measure by a 75% to 25% margin, a coalition of automakers – the Alliance for Automotive Innovation – filed a lawsuit seeking to overturn the ballot question based on a litany of allegations, including cybersecurity concerns; insufficient time to comply with the new data-access requirements; and their contention that the ballot initiative is preempted by federal law.
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      link hidden, please login to view states: “While it remains the plaintiff’s position that the OEMs cannot comply with the plain language of the Data Access Law without violating their safety obligations under the Vehicle Safety Act, plaintiff understood the court to request a more robust discussion of the statutory interpretation issues that hopefully could narrow areas of disagreement. We are not off to an encouraging start. Worse, the attorney general couples her reiterated interpretations with an accelerated schedule that will ensure this endeavor fails. The attorney general’s proposed schedule simply does not allow time for a deeper dive on these interpretation questions.” The alliance proposed being given until Sept. 22 to review and reply to the AG’s proposal with the hopes of conferring and submitting a single clarified document on or before Oct. 14.
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    • By Counterman
      The U.S. automotive aftermarket has experienced several victories when it comes to Right to Repair, which secured the consumer’s right to choose where they get their vehicle maintained and repaired.
      This right was secured twice in Massachusetts: first in 2012, resulting in a nationwide memorandum of understanding (MOU) with automakers for vehicle diagnostic and maintenance data from the OBD, and again in 2020 for wirelessly generated vehicle data.
      Contrary to the will of Massachusetts voters, soon after the win in 2020, the automakers filed a lawsuit to overturn this 2020 victory for consumer rights and we are still waiting on a decision from the judge.
      As the industry awaits the long-anticipated decision on the Right to Repair court case in Massachusetts, the auto care industry continues the fight for safe and secure access to vehicle maintenance and repair data on the national and international stage. On the federal front, the Auto Care Association has worked to gain support for the
      link hidden, please login to view to secure the Right to Repair for all Americans, but time is running out to secure co-sponsors in this Congress. Due to currently competing legislative priorities (supply chain shortages, war, inflation), it is likely the REPAIR Act bill will need to be reintroduced in 2023. In response to the need to continued momentum and even more engagement on the issue, members of the Auto Care Association’s
      link hidden, please login to view are asking for the industry to partake in a “Right to Repair Awareness Month” this July. “It’s critical to engage our 4.4 million brothers and sisters in this battle for independence,” said Bill Hanvey, president and CEO of the Auto Care Association. “We must continue a steady drumbeat and add more voices to our story. That’s why this July, we’re launching Right to Repair Awareness Month to ensure that every colleague, peer and coworker knows what Right to Repair is and why they need to get involved.”                  
      Anyone in the industry can join the Right to Repair Awareness Month effort by doing two simple things:
      Share your support for Right to Repair throughout the month of July and what it means to you on social using the hashtag #righttorepair. The Auto Care Association has created a link hidden, please login to view for eye-catching communications. Be an ambassador within your organization: spread the word about Right to Repair Awareness Month with your supervisor. Ask your HR department to send this company-wide and use resources from the association’s media kit to educate your company and encourage your employees or colleagues to also take 30 seconds to link hidden, please login to view to their local legislator via the association’s Action Center. Additional resources, including full briefs on Right to Repair can be found on the Auto Care Association website for both the
      link hidden, please login to view and link hidden, please login to view levels. Companies that partake in employee education efforts will be recognized. Send details about your participation in the Right to Repair Awareness Month to [email protected]
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