REPAIR Act

The Right to Equitable and Professional Auto Industry Repair Act, or REPAIR Act, seeks to guarantee that consumers and independent repair businesses have unrestricted access to motor vehicle data, repair information, and necessary tools. It prohibits motor vehicle manufacturers from implementing technological or legal barriers that prevent owners or their designees from accessing vehicle-generated data, using chosen service providers, or utilizing compatible aftermarket parts. This ensures that consumers can diagnose, repair, and maintain their vehicles in the same manner as manufacturers or authorized dealers. Manufacturers are required to provide vehicle-generated data and critical repair information and tools to owners, aftermarket parts manufacturers, diagnostic tool manufacturers, and repair facilities without restriction or limitation. This access must be provided in the same manner, time, method, and cost as it is given to authorized dealers or other third parties. Furthermore, the bill prohibits manufacturers from mandating or implying the use of specific brands of parts or tools, requiring a prominent notice if a recommendation is made. The Act also establishes important provisions for data privacy and usage. Motor vehicle owners can revoke data access for designees, and persons accessing vehicle-generated data must delete it within 72 hours of a request, with exceptions for record-keeping and safety. Data use is restricted to diagnostics, repair, service, wear, and calibration, and cannot be sold or transferred without the owner's consent, though de-identified data can be used for research and development. To oversee implementation and address competition issues, the bill establishes the Fair Competition After Vehicles Are Sold Advisory Committee . This committee, composed of diverse stakeholders including independent repair facilities, manufacturers, and consumer rights organizations, will provide recommendations to the Federal Trade Commission (FTC) on competition, emerging barriers, and consumer control over vehicle data. The committee is mandated to meet at least three times annually and issue regular reports to the FTC and Congress. The FTC is empowered to enforce the REPAIR Act, treating violations as unfair or deceptive acts or practices under the Federal Trade Commission Act. The bill outlines a complaint process for alleged violations, allowing for investigation and orders. Additionally, the National Highway Traffic Safety Administration (NHTSA) is directed to promulgate regulations requiring manufacturers and dealers to inform consumers of their rights under this Act at the point of purchase, and the Act preempts conflicting state laws.