Workshop Over, FTC Vague on Next Steps in ‘Nixing the Fix’ Repair Proceeding
It should be “no surprise” that people “have different views about repair restrictions,” said Lois Greisman, associate director of the FTC’s Division of Marketing Practices, in closing remarks Tuesday at the commission’s Nixing the Fix workshop (see 1907160058). The agency organized the event to examine whether manufacturer repair restrictions undercut the consumer protections in the 1975 Magnuson-Moss Warranty Act.
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“Some of these views are fairly well-entrenched,” said Greisman. She was vague on what next steps the FTC might take in the right-to-repair debate. Comments are open until Sept. 16, she said: “There were gaps in information and research that were flagged today."
The comments period would be a good opportunity for stakeholders to fine-tune "arguments that were made or issues that were framed" during the workshop, said Greisman. "That would be very helpful as we think about and consider what steps, if any next steps, we should take.” Walter Alcorn, CTA vice president-environmental affairs and industry sustainability, told the workshop he was “not aware that anybody” has studied quality differences in the service offerings between independent third-party repair shops and factory-authorized service centers.
The event “demonstrated that in today’s interconnected world, the repair of devices must be done in a safe, secure and trained environment,” said CompTIA, which sent representatives but wasn’t on the program. “Government mandates on manufacturers to provide diagnostic tools, specs, original parts and software to anyone who requests it will prioritize consumer security behind the access needs of independent repair providers.” That would raise “serious security issues,” said the group.
Tech manufacturers "have responsibilities and obligations that extend beyond the point of sale of a device," said CompTIA. Alcorn argued similarly Tuesday that “the day is long gone when manufacturers’ responsibility stopped when they sold the product.” Right-to-repair advocates counter that it's consumers who should decide the repair fate of devices they legitimately own.
Many repair diagnostic programs "are developed by the manufacturer at significant cost and are confidential or licensed under a contractual arrangement," said CompTIA. "Providing unauthorized repair facilities and individuals with access to proprietary information without contractual safeguards creates security risks.”
The factory authorization process "is not a technical training," Nathan Proctor, director of the Campaign for the Right to Repair at the U.S. Public Interest Research Group, told the workshop Tuesday. "To construe it as that would be fundamentally misrepresented." Factory authorization is "a business relationship between you and the OEM," he said. "So the question is not, do you want training on how to fix these things? The question is, do you want to enter into a relationship with this business, which has a whole set of contractual obligations?"
The tech industry “supports the ability of consumers to freely and safely repair their electronic devices,” but manufacturers are worried about the mandates proposed in various state legislatures, said CompTIA. The group opposed the state mandates because "they declare winners and losers in the free marketplace,” it said. “Authorized repair shops that have devoted time, money and resources to becoming educated on product repair would be at a disadvantage as independent repair shops who have not invested will receive the same advantages as those who have. Consumers expect and deserve safe and secure repair that can be delivered by authorized repair providers who have gone through proper training on how to repair a device.”