Bill addresses manufacturer monopoly over digital repairs

A bill that would limit manufacturer control over repairing phones and other electronics was introduced Jan. 5 and awaits action in committee.

Sponsored by Rep. Ruth Briggs King, R-Georgetown, House Bill 41 is similar to the Digital Right to Repair Act introduced last session; it died after inaction by the full House. The new act would allow third-party repair shops to work on electronics that have been under proprietary control by the manufacturer, said Briggs King.

“This is especially true when the manufacturer withholds access to digital replacement components and the ability to interface with software or firmware needed to operate the device,” she said. “When consumers and third-party repair shops can’t get what they need to service privately owned products, it puts too much power into the hands of manufacturers, allowing them to force obsolescence and eliminate repair as an alternative to replacement.”

HB 41 would apply to any product embedded or attached with digital electronics, and would require fair and reasonable terms for obtaining a part or tool to repair it. 

Under the bill, violators could be fined up to $10,000 per violation, and the state attorney general could take action against any company found in violation of the act through injunctions or lawsuits.

The bill specifically excludes farm, marine, lawn and garden, and off-road equipment as well as construction equipment, generators, batteries, fuel cells and internal combustion engines.

Officials said manufacturers have been fighting the right-to-repair movement, both through aggressive lobbying efforts and by adopting design protocols to purposefully make their products difficult or impossible to mend. In some cases, components are glued together. In other instances, the replacement of a component – even when using genuine parts from the same manufacturer – will disable features on the serviced device. Companies may also keep inventories of replacement components intentionally low, making critical parts scarce and difficult or expensive to obtain.

Apple, John Deere, Brother International and Samsung are among the corporations involved in the controversy, officials said, and carmakers have been criticized for restricting the repair of EVs to dealers or company technicians under the push for zero-emission vehicles.

“This is a growing challenge,” Briggs King said. “I believe we can address manufacturers’ concerns of keeping proprietary information confidential and protecting consumer data, while giving product owners more flexibility, choices and cost-effective options. Companies should not be allowed to monopolize repairs and make it a profit center of their operations.”