The Week in Repair: June 26 - July 2
Federal judge delays ruling *again* in case over Massachusetts auto right to repair law, citing EPA SCOTUS ruling. Also: France leads in promoting repair. Will others follow?
Judge again delays decision on Massachusetts auto right to repair, citing SCOTUS EPA ruling
Massachusetts car owners who thought they won the right to access vehicle telematics data for their cars when they voted overwhelmingly to expand the state’s automobile right to repair law in November 2020 will have to wait a bit longer to see if that comes to pass. That, after federal judge Douglas Woodlock said he needed two more weeks to consider the case before issuing a decision. Woodlock said he needed time, among other things, to consider the recent Supreme Court ruling limiting the regulatory powers of the EPA, though he declined to say how that ruling affected the case before him, Alliance for Automotive Innovation vs. Healey. (Boston Globe)
South Africa celebrates one year of auto right to repair
July 1 marks the first anniversary of the coming into effect of the Guidelines for Competition in the South African Automotive Aftermarket. While there is still a lot of progress to be made, Kate Elliott, CEO of Right to Repair SA, says significant progress has been made over the last 12 months making the automotive aftermarket a fairer place to do business.
“We have seen some great strides in compliance from the original equipment manufacturers (OEMs). Special mention goes to Volkswagen SA who have really lead the way in embracing the guidelines, in both offering the consumer more choice, and supporting independent service providers with technical information so that they are able to properly service the VW vehicles that are brought to them,” she says.
She confirms there has been absolutely no backlash against any of the complainants who have laid a complaint against an OEM or dealer and all complaints that have been resolved so far have been settled on an amicable basis. Complaints are being settled anywhere between a few days and a few months confirms Elliott. (Times Live)
Tire Industry Association urges Congress to pass REPAIR Act
The Tire Industry Association has supported the introduction of H.R. 6570, the Right to Equitable and Professional Auto Industry Repair Act, or the REPAIR Act, in the 117th Congress introduced in the House by Representative Bobby Rush (D-IL). This is the latest chapter in the Right to Repair fight with the vehicle manufacturers, to preserve competition in vehicle repair and maintenance. TIA has been working on adding co-sponsors to the legislation.
The Association Lobbies That The Right To Repair Legislation Should:
Protect a pro-consumer and competitive motor vehicle repair market
Provide independent repair shops with the rights to critical information, tools, and equipment needed to repair modern cars and trucks
Task the National Highway Traffic Safety Administration with developing cybersecurity standards and guidelines to protect vehicle data and systems when repair and maintenance data is accessed by vehicle owners or their designees. (tirereview.com)
🇫🇷 One person's trash is another person's treasure – where france goes, will others follow?
As the right to repair movement gains steam and advocates are emboldened by ongoing progress, a look at France offers a glimpse into what the future may hold for manufacturers. The size and wealth of the French market makes it attractive to sellers, and in many cases will justify the added cost of compliance.
Providing Information to Consumers: Sellers offering goods in store must inform French consumers regarding whether spare parts are available for their product.
Enforcement: French consumers benefit from extended legal warranties under the EU Sale of Goods directive and from specific additional protections covering repaired products. Warranty periods are thus suspended during any repair, and a 6-month warranty applies to a repaired product.
Incentive: To incentivize repair over replacement, France will introduce a repair fund by the end of the year. Similar to a polluter-pay framework, manufacturers will work with accredited environmental organizations to finance and manage a fund to cover 10% on average of total product repair costs.
Influence outside France: In context of European policy, French industry advocacy groups favored a strategy that protects consumer rights and put an emphasis on the need for a balanced EU-wide approach that preserves EU manufacturers' competitiveness. (mondaq)
I saw first-hand how US tech giants seduced the EU – and undermined democracy
Big tech now dominates the list of the EU's biggest corporate lobbying spenders, effortlessly outspending and eclipsing any other digital technologies public interest group. This lobbying is only the tip of the iceberg, given how much effort goes into influencing public opinion and policymakers in both Brussels and the EU member states through advertising, and funding third parties and seemingly independent interest groups.
Tech regulation today is understood mostly in terms of a strict competition regime, rules to keep privacy-invading platforms in check and deal with algorithms. But the Digital Services Act shows that regulation needs also to be a struggle against the tech sector’s capacity to influence public institutions, civil society and policy discourse, often in opaque ways.
Europe needs therefore to build an effective “tech control” ecosystem. I see five conditions for judging success. Big tech cannot be a partner or stakeholder at the centre of efforts to control it. Six decades of tobacco control efforts taught us that industry interference is the most significant barrier to effective regulation. (The Guardian)
Users modding Steam Deck storage get warning from Valve
Game device maker Valve has issued a warning to Steam Deck owners looking to mod the internal storage, warning that replacing the storage could reduce the useful life of the device. The company has been pretty gracious to users who want to mod the Steam Deck up to this point. The manufacturer allows consumers the right to repair and made it easy to get into the machine and replace components. However user efforts to swap in third party storage devices”will reduce the life of your Steam Deck,” the company warned (pcinvasion.com)
After Colorado wheelchair laws, other states may follow
For power wheelchair users, keeping the device in good working order or getting it repaired when something goes wrong can be a challenge. But a new Colorado law could provide more options for wheelchair users, and several other states may soon follow suit. Markian Hawryluk, senior Colorado correspondent for Kaiser Health News, spoke with the Standard about the law and what it means. Listen to the interview above or read the transcript below. (texasstardard.org)
The toll is mounting in our throwaway culture
While your household garbage and natural fibers eventually decay, electronics last forever. Large appliances go to industrial recycling scrap yards where their parts can be recycled, but small appliances and electronics linger longer than the tombstones in a pioneer cemetery. Their leaching chemicals pollute ground water and the soil around them.
Phones, PCs, TVs and all other products requiring electrical power contain numerous toxic metals and materials. Simply discarding them threatens not only the environment, but the health of future generations. If you surreptitiously bury them in your backyard, don’t eat the tomatoes that grow nearby.
Electronics last forever, so be careful how you dispose of them
While your household garbage and natural fibers eventually decay, electronics last forever. Large appliances go to industrial recycling scrap yards where their parts can be recycled, but small appliances and electronics linger longer than the tombstones in a pioneer cemetery. Their leaching chemicals pollute ground water and the soil around them.
Phones, PCs, TVs and all other products requiring electrical power contain numerous toxic metals and materials. Simply discarding them threatens not only the environment, but the health of future generations. If you surreptitiously bury them in your backyard, don’t eat the tomatoes that grow nearby.
People vs Manufacturers – The global fight for your right to repair
South African vehicle owners are no longer obligated to buy a service or maintenance plan from the car manufacturer or dealership when buying a car. They can shop around for the best deal without the risk of losing your warranty. Dealerships can’t merely say that the price of the service plan is included in the price of the car. They have to unbundle it so you can choose to opt out.
And when it comes to repairs and parts, you’re free to shop around for a service provider of your liking or use non-original spare parts without voiding your car’s overall warranty. This is all thanks to the Guidelines to Competition in the South African Automotive Aftermarket, which came into effect on 1 July 2021, after years of back-and-forth negotiation
While not perfect, the law was a significant step for the “right to repair” movement, which has been steadily gaining ground around the world over the past decade, as more and more companies have been accused of anti-competitive behavior. (dailymaverick.co.za)
Cheerleaders sue Varsity Brand for illegal monopoly on competitions, gear
The plaintiffs alleging Varsity Brands and its affiliates have illegally monopolised the market for cheerleading competitions and uniforms are urging a federal Tennessee court to let their claims go to trial. (GlobalCompetitionReview.com)
Opinion: how to raise consumer awareness of right to repair
Automotive service providers are struggling with how to get the message out about right to repair to their customers, according to an industry expert. To support them, all corners of the automotive aftermarket need to come together to help, said James Channer, co-founder and chief operating officer of In Motion Brands. Consumers today don’t get right to repair or the importance of it, he said during the webinar The Data Dilemma: Who Owns the Data Generated by Your Car?, hosted by the Automotive Industries Association of Canada. (AutoServiceWorld.com)
Materials industry must embrace circular economy to decarbonize
The transition to renewable energy is an essential part of the fight against climate change. But it will only address 55 percent of global greenhouse gas emissions. To achieve net-zero emissions by 2050, to meet the target set in the Paris Agreement, the remaining 45 percent of emissions from industry, agriculture and land-use need to be addressed as well. The materials industry, which comprises companies that manufacture raw materials such as steel, aluminum, cement and chemicals, is responsible for a large share of these remaining emissions and therefore has a key role to play. (greenbiz.com)
Other Repair News...
Study raises red flags over green ambitions of electric vehicle adoption (Auto Service World)
The Cyberlaw Podcast: A Small Door and Too Many Fat Men: Congress’s Tech Agenda (CyberLaw Podcast)