Right to Repair

The Lyon Firm is investigating companies who may be violating antitrust laws by restricting consumers’ right to repair purchased products such as smartphones, agricultural machinery, automobiles and various other high-tech products.

Manufacturers of various consumer products have long looked for new ways to milk clients for repair and maintenance costs long after an initial purchase. But consumers and business owners say it has gone too far and are fighting back for their right to seek independent repair, and ultimately, fair and competitive pricing.

The Lyon Firm recently filed an antitrust complaint against John Deere, alleging the company required its client base to exclusively repair their tractors at dealerships, despite a long history of allowing independent repairs. The company, like many others, complicated their software and made it impossible for owners to make simple repairs on their own.

Many other consumer electronics and machinery have been produced in a similar manner, requiring the original manufacturer to make the necessary fixes. They may even lock devices in some cases, preventing a repair when possible.

Some smartphone companies use “part pairing,” which requires specific parts, even though another might be identical and usable. Apple has been known to use such tactics, and has restricted consumers right to find independent repairs.

Restricting access to parts and software, in theory, appears anti-consumerist and should be unlawful. But the practice has been tolerated throughout history. That may be changing soon, however, and consumers may be able to take legal action against companies who require exclusive dealings (tying arrangements) with them for any kind of repair or maintenance.

What is the Right to Repair and Why is it Important?

The term “Right to Repair” is pretty self-explanatory; it refers to the concept of allowing anyone who purchased a product, whether a consumer or business owner, to freely repair and maintain their products.

The movement for new legislation was spurred on by automotive consumers protection agencies and the automotive repair industry, but has quickly been adopted by all consumer rights organizations as many  industrially produced devices and machines have become more and more complex.

The goals of the right to repair laws are simply to make repairs more affordable and to encourage competition. Consumer protection advocates argue that companies should be required to adhere to the following guidelines:

• A device, vehicle or machine should be produced and designed in a way that allows repairs to be made as easily as possible. It should be easily unlockable and accessible for repair.
• The end user (an individual or company who purchased the product), as well as independent repair service providers, should have access to original spare parts and tools (software included) needed to repair the device at a fair price.
• Any software updates, repairs and maintenance should be encouraged and not hindered by complex software programming.
• The instructions for repairing a product should be clearly outlined and published by the manufacturer in a physical manual or online.

Are There Right to Repair Laws?

U.S. lawmakers are playing a bit of catch-up with related legislation to ensure that your vehicles, electronic devices and agriculture equipment can be properly serviced by independent outlets.

The introduced legislation will ensure consumers and independent repair shops have equal access to repair and maintain products without dealing with exclusive software and tools.

The proposed competition bill would require all tools and equipment, wireless transmission of repair and diagnostic data and access to on-board diagnostic systems needed for repairs be made available to the independent repair industry. Much of the debate is centered around cars, mobile devices and other sophisticated technology like industrial machinery.

The first successful implementation of a right to repair law came when Massachusetts passed a bill that targeted the automotive sector in 2012. the law required automobile manufacturers to sell the same service materials and diagnostics directly to consumers or to independent mechanics as they had previously provided exclusively to dealerships.

How do I Know if I have a Right to Repair Case?

If you have purchased a product, either as an individual consumer or a business owner, and in order to fix or maintain the product you are forced to use the original manufacturer, you may have a case.

Consumers have a right to fair and competitive pricing. When manufacturers control basic maintenance or repairs with exclusive software or tools, they may be limiting competition and violating antitrust law.

Is Planned Obsolescence Legal?

Planned obsolescence, or the corporate policy of designing a product with a limited useful life so that it loses function or becomes obsolete after a pre-determined period of time, is nothing new.

Companies have been using this tactic (deliberately shortening the lifespan of a product to force people to purchase a replacement) for many years in fact. It has been a steady way to generate long-term sales, even if it continually irritates consumers.

While Europe has addressed this issue more thoroughly, there are no comprehensive laws existing yet in the US to prohibit this kind of corporate behavior.

Why do People want the Right to Repair?

Consumers and business owners always want to control costs, and capitalist governments always want to encourage competition. That is why people want the right to take a purchased product for independent repair or maintenance.  

Contact Joe Lyon to discuss your right to repair case. The Lyon Firm handles class action antitrust cases nationwide and has experience engaging some of the largest corporations in the country.