Illinois 2025 2025-2026 Regular Session

Illinois House Bill HB2549 Introduced / Bill

Filed 02/04/2025

                    104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB2549 Introduced , by Rep. Amy Briel SYNOPSIS AS INTRODUCED: New Act Creates the Right to Repair Act. Provides that every manufacturer of an electronic or appliance product with a specified wholesale price or direct sales price shall make service and repair facilities available to owners of the product. Provides that the manufacturer shall make available to service and repair facilities and service dealers sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for a specified period after the last date a product model or type was manufactured, regardless of whether the period exceeds the warranty period for the product. Provides that a service and repair facility or service dealer that is not an authorized repair provider of a manufacturer shall provide a written notice to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product that informs the customer that it is not an authorized repair provider for the product and shall disclose if it uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product. Provides that no manufacturer or authorized repair provider shall be liable for any damage or injury caused to any electronic or appliance product, person, or property that occurs as a result of repair, diagnosis, maintenance, or modification performed by a service dealer or owner. Provides that the provisions do not apply to a manufacturer that provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer. Provides for limitations of the Act. Provides for civil penalties. Effective July 1, 2026. LRB104 09729 SPS 19795 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB2549 Introduced , by Rep. Amy Briel SYNOPSIS AS INTRODUCED:  New Act New Act  Creates the Right to Repair Act. Provides that every manufacturer of an electronic or appliance product with a specified wholesale price or direct sales price shall make service and repair facilities available to owners of the product. Provides that the manufacturer shall make available to service and repair facilities and service dealers sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for a specified period after the last date a product model or type was manufactured, regardless of whether the period exceeds the warranty period for the product. Provides that a service and repair facility or service dealer that is not an authorized repair provider of a manufacturer shall provide a written notice to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product that informs the customer that it is not an authorized repair provider for the product and shall disclose if it uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product. Provides that no manufacturer or authorized repair provider shall be liable for any damage or injury caused to any electronic or appliance product, person, or property that occurs as a result of repair, diagnosis, maintenance, or modification performed by a service dealer or owner. Provides that the provisions do not apply to a manufacturer that provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer. Provides for limitations of the Act. Provides for civil penalties. Effective July 1, 2026.  LRB104 09729 SPS 19795 b     LRB104 09729 SPS 19795 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB2549 Introduced , by Rep. Amy Briel SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Right to Repair Act. Provides that every manufacturer of an electronic or appliance product with a specified wholesale price or direct sales price shall make service and repair facilities available to owners of the product. Provides that the manufacturer shall make available to service and repair facilities and service dealers sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for a specified period after the last date a product model or type was manufactured, regardless of whether the period exceeds the warranty period for the product. Provides that a service and repair facility or service dealer that is not an authorized repair provider of a manufacturer shall provide a written notice to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product that informs the customer that it is not an authorized repair provider for the product and shall disclose if it uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product. Provides that no manufacturer or authorized repair provider shall be liable for any damage or injury caused to any electronic or appliance product, person, or property that occurs as a result of repair, diagnosis, maintenance, or modification performed by a service dealer or owner. Provides that the provisions do not apply to a manufacturer that provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer. Provides for limitations of the Act. Provides for civil penalties. Effective July 1, 2026.
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A BILL FOR
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1  AN ACT concerning business.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 1. Short title. This Act may be cited as the Right
5  to Repair Act.
6  Section 5. Definitions. As used in this Act:
7  "Antenna" includes, but is not limited to, a resonant
8  device designed especially for the purpose of capturing
9  electromagnetic energy transmitted by direct satellite or
10  commercial radio or television broadcasting facilities. An
11  antenna and its associated accessories are not deemed to be a
12  part of an electronic set and shall be considered to be located
13  outside or in the attic of a residence.
14  "Appliance" or "major home appliance" includes, but is not
15  limited to, any refrigerator, freezer, range, microwave oven,
16  washer, dryer, dishwasher, trash compactor, or room
17  air-conditioner normally used or sold for personal, family,
18  household, or home office use, or for use in private motor
19  vehicles.
20  "Authorized repair provider" means an individual or
21  business who is unaffiliated with a manufacturer and who has
22  an arrangement with the manufacturer under which the
23  manufacturer grants to the individual or business a license to

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB2549 Introduced , by Rep. Amy Briel SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Right to Repair Act. Provides that every manufacturer of an electronic or appliance product with a specified wholesale price or direct sales price shall make service and repair facilities available to owners of the product. Provides that the manufacturer shall make available to service and repair facilities and service dealers sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for a specified period after the last date a product model or type was manufactured, regardless of whether the period exceeds the warranty period for the product. Provides that a service and repair facility or service dealer that is not an authorized repair provider of a manufacturer shall provide a written notice to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product that informs the customer that it is not an authorized repair provider for the product and shall disclose if it uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product. Provides that no manufacturer or authorized repair provider shall be liable for any damage or injury caused to any electronic or appliance product, person, or property that occurs as a result of repair, diagnosis, maintenance, or modification performed by a service dealer or owner. Provides that the provisions do not apply to a manufacturer that provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer. Provides for limitations of the Act. Provides for civil penalties. Effective July 1, 2026.
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A BILL FOR

 

 

New Act



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1  use a trade name, service mark, or other proprietary
2  identifier to offer the service of diagnosis, maintenance, or
3  repair services for electronic or appliance products under the
4  name of the manufacturer, or other arrangement with the
5  manufacturer to offer diagnostic, maintenance, or repair
6  services for electronic or appliance products on behalf of the
7  manufacturer. A manufacturer who offers the service of
8  diagnosis, maintenance, or repair services for the
9  manufacturer's electronic or appliance products is considered
10  an authorized repair provider with respect to the electronic
11  or appliance products if the manufacturer does not have an
12  arrangement with an unaffiliated individual or business.
13  "Documentation" means manual, diagram, reporting output,
14  service code description, schematic, or similar information
15  that is provided by a manufacturer to an authorized repair
16  provider, or that is for use by the manufacturer if the
17  manufacturer does not have any authorized repair providers,
18  for purposes of effecting the services of diagnosis,
19  maintenance, or repair of the electronic or appliance product.
20  "Electronic or appliance product" or "product" means a
21  product manufactured for the first time and first sold or used
22  in Illinois on or after July 1, 2021, for which the
23  manufacturer makes available tools, parts, and documentation
24  to authorized repair providers, and includes products that are
25  sold to schools, businesses, local governments, or in other
26  methods outside of direct retail sale. "Electronic or

 

 

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1  appliance product" or "product" includes an electronic set,
2  appliance or major home appliance, antenna, or rotator.
3  "Electronic or appliance product" or "product" does not
4  include a product or component of an alarm system, including a
5  fire protection system, or a video game console.
6  "Electronic set" includes, but is not limited to, any
7  television, radio, audio or video recorder or playback
8  equipment, video camera, video game, video monitor, computer
9  system, photocopier, or facsimile machine normally used or
10  sold for personal, family, household, or home office use.
11  "Fair and reasonable terms" means making available parts,
12  tools, or documentation as follows:
13  (1) that terms are equivalent to the most favorable
14  costs and terms under which the manufacturer offers the
15  part, tool, or documentation to an authorized repair
16  provider, accounting for any discount, rebate, convenient
17  and timely means of delivery, means of enabling fully
18  restored and updated functionality, rights of use, or
19  other incentive or preference the manufacturer offers to
20  an authorized repair provider;
21  (2) that documentation, including any relevant
22  updates, is made available at no charge, except that, when
23  the documentation is requested in physical printed form, a
24  charge may be included for the reasonable actual costs of
25  preparing and sending the copy; and
26  (3) that the tools are made available by the

 

 

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1  manufacturer at no charge and without imposing impediments
2  to access or use of the tools to diagnose, maintain, or
3  repair and enable full functionality of the product, or in
4  a manner that impairs the efficient and cost-effective
5  performance of any such diagnosis, maintenance, or repair,
6  except that, when a tool is requested in physical form, a
7  charge may be included for the reasonable, actual costs of
8  preparing and sending the tool.
9  If a manufacturer does not use an authorized repair
10  provider, "fair and reasonable terms" means at a price that
11  reflects the actual cost to the manufacturer to prepare and
12  deliver the part, tool, or documentation, exclusive of any
13  research and development costs incurred.
14  "Part" means any replacement part or assembly of parts,
15  either new or used, made available by a manufacturer of an
16  electronic or appliance product to an authorized repair
17  provider to facilitate the maintenance or repair of a product
18  sold by the manufacturer.
19  "Rotator" includes, but is not limited to, when used in
20  connection with an antenna installation or repair, an
21  electromechanical device operated from a remote location to
22  rotate an antenna on a horizontal plane. A rotator and its
23  associated accessories are not deemed to be a part of an
24  electronic set and shall be considered, with the exception of
25  the directional control unit, to be located outside or in the
26  attic of a residence.

 

 

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1  "Service dealer" means a person who, for compensation,
2  engages in, or holds himself or herself out to the public as
3  offering services in the business of:
4  (1) repairing, servicing, or maintaining an electronic
5  set normally used or sold for personal, family, household,
6  or home office use;
7  (2) installing, repairing, servicing, or maintaining
8  equipment or a burglar alarm system for use in private
9  motor vehicles;
10  (3) installing, repairing, servicing, or maintaining
11  television or radio receiver antennas, rotators, and
12  accessories or direct satellite signal receiving equipment
13  located on or adjacent to a residence; or
14  (4) repairing, servicing, or maintaining major
15  appliances.
16  "Tool" means any software program, hardware implement, or
17  other apparatus made available by a manufacturer of an
18  electronic or appliance product to an authorized repair
19  provider for the diagnosis, maintenance, or repair of the
20  product, including software or other mechanisms that
21  provision, program, pair apart, provide or calibrate
22  functionality, or perform any other function required to
23  repair the product or part back to fully functional condition,
24  including any updates.
25  "Trade secret" has the meaning given to that term in
26  subsection (d) of Section 2 of the Illinois Trade Secrets Act.

 

 

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1  "Video game console" means a computing device, including
2  its components and peripherals, that is primarily used by
3  consumers for playing video games, such as a console machine,
4  a handheld console device, or another device or system. "Video
5  game console" does not include a general or an all-purpose
6  computer, which includes, but is not limited to, a desktop
7  computer, laptop, tablet, or cell phone.
8  Section 10. Right to repair.
9  (a) Notwithstanding any other law, every manufacturer of
10  an electronic or appliance product with a wholesale price or
11  direct sales price of more than $50 and less than $100 shall
12  make service and repair facilities available to owners of the
13  product. The manufacturer shall make available to service and
14  repair facilities and service dealers sufficient documentation
15  and functional parts and tools, inclusive of any updates, on
16  fair and reasonable terms, to effect the diagnosis,
17  maintenance, or repair of a product for at least 3 years after
18  the last date a product model or type was manufactured,
19  regardless of whether the 3-year period exceeds the warranty
20  period for the product.
21  (b) Notwithstanding any other law, every manufacturer of
22  an electronic or appliance product with a wholesale price or
23  direct sales price of $100 or more shall make service and
24  repair facilities available to owners of the product. The
25  manufacturer shall make available to service and repair

 

 

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1  facilities and service dealers sufficient documentation and
2  functional parts and tools, inclusive of any updates, on fair
3  and reasonable terms, to effect the diagnosis, maintenance, or
4  repair of a product for at least 7 years after the last date a
5  product model or type was manufactured, regardless of whether
6  the 7-year period exceeds the warranty period for the product.
7  (c) A service and repair facility or service dealer that
8  is not an authorized repair provider of a manufacturer shall
9  provide a written notice to any customer seeking repair of an
10  electronic or appliance product before the repair facility or
11  service dealer repairs the product that informs the customer
12  that it is not an authorized repair provider for the product
13  and shall disclose if it uses any used replacement parts or
14  replacement parts provided by a supplier other than the
15  manufacturer of the product.
16  (d) No manufacturer or authorized repair provider shall be
17  liable for any damage or injury caused to any electronic or
18  appliance product, person, or property that occurs as a result
19  of repair, diagnosis, maintenance, or modification performed
20  by a service dealer or owner, including, but not limited to,
21  any of the following:
22  (1) any indirect, incidental, special, or
23  consequential damages;
24  (2) any loss of data, privacy, or profits; and
25  (3) any inability to use or reduced functionality of
26  the electronic or appliance product.

 

 

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1  This subsection does not apply to a design defect or
2  manufacturing flaw that existed prior to, or independent of,
3  the repair, diagnosis, maintenance, or modification performed
4  pursuant to this Section.
5  (e) If a manufacturer is considered an authorized repair
6  provider, this Section shall not require the manufacturer to
7  make available either of the following:
8  (1) documentation or tools that the manufacturer
9  itself uses only to perform, at no cost, diagnostic
10  services through telephone, Internet, chat, email, or
11  other similar means that do not involve the manufacturer
12  physically handling the customer's electronic or appliance
13  product, unless the manufacturer also makes the
14  documentation or tools available to an individual or
15  business that is unaffiliated with the manufacturer; or
16  (2) documentation or tools used exclusively for
17  repairs completed by machines that operate on several
18  electronic or appliance products simultaneously, if the
19  manufacturer makes available to owners of the product,
20  service and repair facilities, and service dealers
21  sufficient alternative documentation and tools to effect
22  the diagnosis, maintenance, or repair of the electronic or
23  appliance product.
24  (f) This Section does not apply to a manufacturer that
25  provides an equivalent or better, readily available
26  replacement electronic or appliance product at no charge to

 

 

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1  the customer.
2  (g) Nothing in this Section shall require a manufacturer:
3  (1) to divulge a trade secret or license any
4  intellectual property, including copyrights or patents;
5  (2) to distribute a product's source code;
6  (3) to make available special documentation, tools,
7  and parts that would disable or override anti-theft
8  security measures set by the owner of the product without
9  the owner's authorization; or
10  (4) to sell service parts if the service parts are no
11  longer provided by the manufacturer or made available to
12  an authorized repair provider.
13  Section 15. Violations.
14  (a) A unit of local government or the State may bring an
15  action in circuit court to impose civil liability on a person
16  or entity that knowingly violates this Act, or reasonably
17  should have known that it violated this Act, in the amount of
18  $1,000 per day for the first violation of this Act, $2,000 per
19  day for the second violation, and $5,000 per day for the third
20  and subsequent violations. Any action described in this
21  subsection shall be commenced within 3 years after the date of
22  the alleged violation.
23  (b) Any civil penalties collected under subsection (a)
24  shall be paid to the office of the unit of local government or
25  the Attorney General, whichever brought the action.

 

 

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