New York’s right-to-repair bill has major carve-outs for manufacturers

On April 28, 2020, the New York State Assembly passed a groundbreaking bill that could give citizens greater control over their rights to repair their electronics. While New York’s proposed bill is a valiant effort to promote consumer choice, it is also important to recognize that the bill has several major exceptions in favor of manufacturers.

The bill, known as New York’s Right-to-Repair law, would require manufacturers to make repair information, diagnostic software, and tools available to consumers in order to make repairs. The legislation would also end “manufacturer lock-in,” which currently prevents the repair of many devices. This means that consumers would be able to get their device repaired by any qualified repair person, rather than only the manufacturer.

While this bill is an important step in empowering consumers and promoting competition, it also gives several carve-outs in favor of manufacturers. The bill explicitly protects manufacturers from “unauthorized” repair, such as the use of third-party parts and tools, or the alteration of the device’s hardware or software. The bill also does not apply to many manufacturers, such as automakers and medical-device makers.

These exceptions are a major concern for many consumer rights and repair advocates. David Krebs, an analyst at VB Insights, believes that the bill “leaves too much power in the hands of the manufacturers” and may leave consumers without protection. He is particularly concerned that the bill does not apply to medical devices, which poses a safety risk for patients who may not be able to get repairs.

New York’s Right-to-Repair bill is an important step in promoting consumer freedom and creating more competition in the repair sector. However, the vast number of exceptions in favor of manufacturers could limit the bill’s effectiveness in protecting consumers and their access to reliable repair services. It remains to be seen how successful New York’s Right-to-Repair law will be and whether other states will pass similar legislation.