FTC Formally Adopts Right To Repair Platform (vice.com) 39
An anonymous reader quotes a report from Motherboard: The Federal Trade Commission unanimously voted Wednesday to pursue policies that will make it easier for people to repair their own things. In a vote of 5-0 during a Commission Meeting, the FTC agreed to adopt a policy paper outlining how it planned to enforce rules that keep manufacturers from restricting aftermarket repair. It plans to enforce existing warranty law, coordinate with state and local lawmakers to ensure open markets, and investigate the current repair monopolies for violations of antitrust law. The move comes just weeks after President Joe Biden signed an executive order directing the commission to create right-to-repair rules.
The FTC policy paper outlined a five-pronged approach to the problem. First, it's asking for comments and complaints from the public about bad experiences it's had with repair issues and violated warranty. It's long been illegal under federal law for companies to void warranties based on aftermarket repairs. The problem is that those laws often aren't enforced, though the FTC did take some action on manufacturers who put warranty-void-if-removed stickers on their devices after Motherboard reported on the problem several years ago. "While current law does not provide for civil penalties or redress, the Commission will consider filing suit against violators of the Magnuson-Moss Warranty Act to seek appropriate injunctive relief," the policy paper said.
Next, the FTC said it will look over current repair restrictions for violations of existing antitrust and anti-competition laws. "Finally, the Commission will bring an interdisciplinary approach to this issue, using resources and expertise from throughout the agency to combat unlawful repair restrictions," the policy paper said. "The FTC will also closely coordinate with state law enforcement and policymakers to ensure compliance and to update existing law and regulation to advance the goal of open repair markets." "Manufacturers, be warned: It's time to clean up your act and let people fix their stuff," Nathan Proctor, U.S. PIRG Right to Repair Senior Campaign Director, told Motherboard in an email. "With unanimous support from commissioners, there's a new sheriff in town. The FTC is ready to act to stop many of the schemes used to undermine repair, while support is increasing for new legislation to further crack down."
The FTC policy paper outlined a five-pronged approach to the problem. First, it's asking for comments and complaints from the public about bad experiences it's had with repair issues and violated warranty. It's long been illegal under federal law for companies to void warranties based on aftermarket repairs. The problem is that those laws often aren't enforced, though the FTC did take some action on manufacturers who put warranty-void-if-removed stickers on their devices after Motherboard reported on the problem several years ago. "While current law does not provide for civil penalties or redress, the Commission will consider filing suit against violators of the Magnuson-Moss Warranty Act to seek appropriate injunctive relief," the policy paper said.
Next, the FTC said it will look over current repair restrictions for violations of existing antitrust and anti-competition laws. "Finally, the Commission will bring an interdisciplinary approach to this issue, using resources and expertise from throughout the agency to combat unlawful repair restrictions," the policy paper said. "The FTC will also closely coordinate with state law enforcement and policymakers to ensure compliance and to update existing law and regulation to advance the goal of open repair markets." "Manufacturers, be warned: It's time to clean up your act and let people fix their stuff," Nathan Proctor, U.S. PIRG Right to Repair Senior Campaign Director, told Motherboard in an email. "With unanimous support from commissioners, there's a new sheriff in town. The FTC is ready to act to stop many of the schemes used to undermine repair, while support is increasing for new legislation to further crack down."
does this count for tractors and other farm equip? (Score:3)
that has been a major problem.... i hope it's being addressed by this...
Re:does this count for tractors and other farm equ (Score:5, Informative)
I encourage you to read the actual ftc statement (2 pages) https://www.ftc.gov/system/fil... [ftc.gov]
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Dear Apple... (Score:2)
....SUCK IT!!!
Re: Dear Apple... (Score:3)
Samsung, too. . .bought a bunch of Galaxy phones, new-in-box, about 2 releases behind the then-current model. The charge port broke, and the vendor asked that I return it to them for warranty repair. Got it back in about a week, good as new. About six months later, but still inside my one-year warranty, it developed either a software or a hardware fault. Sent it back to Samsung for repair. After a six-month wait, got the phone back, unrepaired, with a letter saying that as Samsung didn't do the original
Re: Dear Apple... (Score:2)
(Reason I bought 4, was wife and both daughters as well. .)
Re: Dear Apple... (Score:5, Informative)
>as Samsung didn't do the original fix (replacing a cracked socket) the entire warranty was void
is explicitly illegal under magnusson-moss, but since you didnt even bother to fight it Samsung has no reason to change its policies.
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And since at the time, nobody in the government was the slightest bit interested in enforcing that law, he might at best have won a Pyrrhic victory by the time you consider time and lawyer fees burned vs. the value of the phone.
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small claims court, no lawyer needed
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The ability to sue is one of the major underlying factors why society is unfairly weighted towards the rich. If you are poor, or mediumly wealthy or even a have a million dollars lying around. Just try sue a company like google, or apple see where it gets you, even if you are in the right, the financial risk far outweighs any possible gains you may make.
We need to make it so either no lawyers are involved at all, just an impartial judge. Or the company provides you with the equivalent amount of money to pay
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In Europe usually there is some kind of government bureau for taking such cases. You as a customer can issue a complain (for free) and this bureau takes the matter further to court (if necessary).
Don't you have similar things in US?
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WE finally got something. It is called CFBP. The Republicans keep trying to kill it. Saying you can't be going after job creators.
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sorry mistype.
CFPB
Don't hold your breath. (Score:4, Insightful)
If anyone remembers what it was like being a CLEC right after the Telecommunications Act of 1996 was passed, then you'll likely remember just how powerful the LECs were and still are, much like the Donor Class is today.
If you think you're going to "screw" over Apple or any other major vendor profiting obscenely from repair, I highly doubt it will be quite this easy.
Small victory for Right to Repair, and I certainly hope it continues in a positive manner, but gut feeling is this ain't over with yet. Not by a long shot.
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Yep, I remember what life was like before the Donor Class metastasized in the 80's. Things were generally *much* better for the working classes, albeit not perfect be any means. In the 1960's the US had zero need for imports. And finding work in manufacturing wasn't too hard either. You actually had a chance back then.
This is why I've been on a personal boycott for the last two decades, and I encourage everyone else to do likewise. DO NOT buy anything new, especially if it is imported or uses overseas labor
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Re: Don't hold your breath. (Score:1)
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Agreed. I consider the whole concept of "disposable" and "throw-away" to be an affront before God and Man. Why? Because it takes me X hours to earn Y Dollars to pay for their shit. I'm never going to get that time back. And remember, this whole idea is being pushed by those who insist that *their* time is worth multiple millions per year.
If they actually had to live with consequences like the rest of us, things would be very, very different.
"They know the cost of everything and the value of nothing"
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Re:Don't hold your breath. (Score:4, Insightful)
void warranties need to add void access to it (Score:3)
void warranties need to add void access to it.
Like can't void access to changing after repairing your car
Like can't void access to parts of the software / hardware after swapping parts.
Like can't void access to parts of the software / hardware after swapping parts
Like can't forced Leased Cars to be dealer repair only.
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RtRepair and RtOwn (Score:4, Informative)
Right to Repair is related to "right to own". Devices with software content can be disabled by the manufacturer unless their "owners" cave in to new restrictions imposed by the manufacturers. Failure to pay the ransom reduces device functionality long after the original purcuase that they paid for originally.
Several of the devices that I bought years ago are no longer functional until I submit to the manufacturers' new requirements for "setting up an account", for "improved customer experience". That is a nonstarter.
Imagine buying a cell phone with pulse oxy / heartrate sensor, only to lose access to the functionality until setting up an account. Next step: Taking your pulse more than <n> times per day is a wonderful improvement for which you need to pay only a small monthly fee!
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When I received a notice to update terms and conditions on my phone, I thought to myself I should be able to say no and get the money back for the phone. If they want to change the deal then I should have the right to easily back out of my side as well.
Sounds great on paper, (Score:4, Insightful)
but unless the legislation has real teeth, (including prison terms for C-levels and direct financial penalties for shareholders), I'm afraid it will have the significance of a fart in a hurricane. With the slap-on-the-wrist penalties I foresee, corporations will consider it all a minor cost of business, increase their prices to compensate for it, and thumb their noses at Right to Repair.
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I have a feeling that companies will just use the DMCA as a tool to stifle RtR, tossing some DRM in just to keep a screen or other part from easily being swapped out.
I'm hoping RtR gains steam, and actually means devices which actually are intended to be kept in service indefinitely. It isn't like device makers are going to lose money by selling parts. Heck, parts for a car are definitely a profit center for the vehicle maker.
Our best hope is for some companies to form around the razor and blade business
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This story's original release specifically references abuses of copyright and patent legislation as targets for enforcement.
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parts for a car are definitely a profit center for the vehicle maker.
Not so much. For a few years, parts are covered by vehicles warranties. Plus the labor to replace them. That comes out of the vehicle makers pockets. After that, the parts manufacturers (not the vehicle maker) start to sell directly under their own brand names. Anyone who buys a Porsche horn relay without consulting a cross reference chart and finding the equivalent Bosch part number (or VW) is nuts.
eWaste (Score:2)
I have a Pixel 2 here - got scammed, it was actually a refurbished Verizon model - but that aside Google doesn't support it anymore and LineageOS does.
It could have last night's security updates but instead it has last October's and is unsafe to use online or outside the home. All because VZW encrypted the bootloader.
I could easily repair it, but a RICO-type cabal conspired to ensure I cannot.
They would like to use this to force people onto a new contract but in reality it's creating mountains of eWaste.
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Yep! I second that. My iPhone 5E (iPhone 6 guts in a 5 chassis) is ticking along just fine, and still getting updates.
Are they going to ... (Score:2, Interesting)