Introduced Version
HOUSE BILL No. 1060
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 24-4-24; IC 24-5-0.5-3.
Synopsis: Right to repair. Requires a manufacturer of a consumer
electronic device or a piece of agricultural equipment that is sold in
Indiana, subject to certain exceptions, to: (1) provide to an independent
service provider, or to the owner of the consumer electronic device or
agricultural equipment (owner), any service documentation the
manufacturer provides to its authorized service providers; and (2) make
available for purchase, upon reasonable terms, any service part the
manufacturer provides to its authorized service providers. Provides that
a manufacturer that sells service documentation to an independent
service provider or owner: (1) in a format that is standardized with
respect to comparable information supplied by manufacturers of
comparable consumer electronic devices or agricultural equipment; and
(2) under terms and conditions more favorable than the terms and
conditions under which the manufacturer provides the information to
an authorized service provider; may not require an authorized service
provider to purchase the service documentation in a proprietary format
unless the proprietary format includes content or functionality that is
not available in the standardized format. Provides that a violation of the
requirements is: (1) actionable by the attorney general; and (2) subject
to the remedies and penalties that apply to a deceptive consumer sales
practice.
Effective: July 1, 2025.
Pryor
January 8, 2025, read first time and referred to Committee on Agriculture and Rural
Development.
2025 IN 1060—LS 6392/DI 154 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1060
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 24-4-24 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]:
4 Chapter 24. Access to Product Repair Resources
5 Sec. 1. As used in this chapter, "aftermarket vendor" means a
6 person that:
7 (1) in the ordinary course of business:
8 (A) publishes or sells diagnostic, maintenance, or repair
9 information regarding; or
10 (B) creates, for distribution and sale in the United States,
11 mechanisms, software, or other tools for use in performing
12 diagnostic, maintenance, or repair service for;
13 a consumer electronic device or a piece of agricultural
14 equipment;
15 (2) is not the manufacturer; and
16 (3) does not engage in the activities described in subdivision
17 (1) under an agreement with the manufacturer.
2025 IN 1060—LS 6392/DI 154 2
1 Sec. 2. (a) As used in this chapter, "agricultural equipment"
2 means a piece of equipment or a component of, an attachment to,
3 or a service part for a piece of equipment that is:
4 (1) used to plant, cultivate, or harvest agricultural products;
5 and
6 (2) manufactured for distribution and sale in the United
7 States.
8 (b) The term does not include:
9 (1) a motor vehicle or component of a motor vehicle;
10 (2) an aircraft used in an agricultural aircraft operation (as
11 defined in 14 CFR 137.3); or
12 (3) equipment designed and used primarily for irrigation
13 purposes.
14 Sec. 3. As used in this chapter, "authorized service provider"
15 means:
16 (1) a manufacturer that provides; or
17 (2) a person that:
18 (A) is not an affiliate of a manufacturer; and
19 (B) has entered into an agreement with the manufacturer
20 to provide:
21 (i) on behalf of; or
22 (ii) under the name of;
23 the manufacturer;
24 diagnostic, maintenance, or repair service for a consumer
25 electronic device or a piece of agricultural equipment made by the
26 manufacturer.
27 Sec. 4. (a) As used in this chapter, "consumer electronic device"
28 means a product or component of a product that:
29 (1) contains a microprocessor; and
30 (2) is manufactured for distribution and sale in the United
31 States.
32 (b) The term does not include:
33 (1) a motor vehicle or component of a motor vehicle; or
34 (2) a medical device or component of a medical device.
35 Sec. 5. As used in this chapter, "embedded firmware" means
36 software delivered with, or as a component of, a consumer
37 electronic device for purposes of affecting or facilitating the
38 operation of the consumer electronic device, including software
39 designated as:
40 (1) an operating system;
41 (2) a machine code;
42 (3) an assembly code;
2025 IN 1060—LS 6392/DI 154 3
1 (4) a root code; or
2 (5) a microcode.
3 Sec. 6. (a) As used in this chapter, "independent service
4 provider" means a person that:
5 (1) in the ordinary course of business, performs diagnostic,
6 maintenance, or repair service on a consumer electronic
7 device or a piece of agricultural equipment; and
8 (2) is not:
9 (A) an authorized service provider; or
10 (B) an affiliate of an authorized service provider;
11 for the consumer electronic device or agricultural equipment.
12 (b) The term includes a manufacturer when the manufacturer
13 is performing diagnostic, maintenance, or repair service on a
14 consumer electronic device or a piece of agricultural equipment
15 that is not made by the manufacturer or by an affiliate of the
16 manufacturer.
17 Sec. 7. As used in this chapter, "manufacturer" means a person
18 that, in the ordinary course of business:
19 (1) sells or leases:
20 (A) a consumer electronic device or a piece of agricultural
21 equipment; or
22 (B) a component of a consumer electronic device or a piece
23 of agricultural equipment;
24 made by, or on behalf of, the manufacturer; and
25 (2) performs, or provides for the performance of, diagnostic,
26 maintenance, or repair service on the consumer electronic
27 device, the agricultural equipment, or a component of either.
28 Sec. 8. As used in this chapter, "medical device" has the same
29 meaning as "device" as set forth in 21 U.S.C. 321(h).
30 Sec. 9. (a) As used in this chapter, "motor vehicle" means a
31 vehicle that is:
32 (1) designed for transporting people or property on a street or
33 highway; and
34 (2) certified by the vehicle's maker under all applicable
35 federal safety and emissions standards and requirements for
36 distribution and sale in the United States.
37 (b) The term does not include a mobile home (as defined in
38 IC 9-13-2-103.2), motorcycle (as defined in IC 9-13-2-108), or
39 recreational vehicle (as defined in IC 9-13-2-150).
40 Sec. 10. As used in this chapter, "owner" means a person that:
41 (1) is domiciled in Indiana; and
42 (2) lawfully owns or has legal right to possession of a
2025 IN 1060—LS 6392/DI 154 4
1 consumer electronic device or a piece of agricultural
2 equipment.
3 Sec. 11. As used in this chapter, "person" means an individual,
4 an organization, or any other legal entity.
5 Sec. 12. As used in this chapter, "remote diagnostic service"
6 means a transfer of data that is made:
7 (1) between a consumer electronic device or a piece of
8 agricultural equipment and an authorized service provider or
9 an independent service provider of diagnostic, maintenance,
10 or repair service for the consumer electronic device or
11 agricultural equipment; and
12 (2) for the purpose of:
13 (A) performing diagnostic, maintenance, or repair service
14 on;
15 (B) changing a setting on; or
16 (C) determining the location of;
17 the consumer electronic device or agricultural equipment.
18 Sec. 13. As used in this chapter, "service documentation" means
19 information, including:
20 (1) manuals;
21 (2) schematics;
22 (3) diagrams;
23 (4) report output;
24 (5) service code descriptions;
25 (6) technical updates;
26 (7) service access passwords; and
27 (8) information necessary to reset or unlock a security related
28 function;
29 that is provided by a manufacturer to an authorized service
30 provider for the performance of diagnostic, maintenance, or repair
31 service on the consumer electronic device or agricultural
32 equipment.
33 Sec. 14. As used in this chapter, "service part" means:
34 (1) a new or used component of a consumer electronic device
35 or a piece of agricultural equipment;
36 (2) a diagnostic or repair tool or software; or
37 (3) an update, patch, or fix for the embedded firmware of a
38 consumer electronic device or a piece of agricultural
39 equipment;
40 that is provided by a manufacturer to an authorized service
41 provider for the performance of diagnostic, maintenance, or repair
42 service on the consumer electronic device or agricultural
2025 IN 1060—LS 6392/DI 154 5
1 equipment.
2 Sec. 15. As used in this chapter, "software" means a set of
3 coded, programmable instructions designed to cause a consumer
4 electronic device, a piece of agricultural equipment, or a
5 component of either to perform a task.
6 Sec. 16. As used in this chapter, "trade secret" has the meaning
7 set forth in IC 24-2-3-2.
8 Sec. 17. (a) Except as provided in section 18 of this chapter, a
9 manufacturer that sells or leases a consumer electronic device or
10 a piece of agricultural equipment in Indiana must do the following:
11 (1) Subject to subsection (b), provide the service
12 documentation for the consumer electronic device or
13 agricultural equipment to an independent service provider
14 for, or to an owner of, the consumer electronic device or
15 agricultural equipment:
16 (A) within the amount of time within which;
17 (B) in the format in which; and
18 (C) at no cost or at a price that is not more than the price
19 at which;
20 the manufacturer provides the service documentation to an
21 authorized service provider for the consumer electronic
22 device or agricultural equipment.
23 (2) Make available for purchase by an independent service
24 provider for, or by an owner of, the consumer electronic
25 device or agricultural equipment any service part that the
26 manufacturer makes available to an authorized service
27 provider, upon terms that are reasonable in relation to:
28 (A) the net price at which the manufacturer provides the
29 service part to an authorized service provider, after
30 deducting any discounts, rebates, or other incentives
31 offered by the manufacturer;
32 (B) the cost to the manufacturer of making, preparing, and
33 delivering the service part:
34 (i) including amortized capital costs; and
35 (ii) excluding research and development costs;
36 incurred by the manufacturer in making, preparing, and
37 delivering the service part; and
38 (C) the price charged by manufacturers of comparable
39 consumer electronic devices or agricultural equipment for
40 a comparable service part.
41 (b) A manufacturer that supplies information necessary to reset
42 or unlock a security related function under subsection (a)(1) may
2025 IN 1060—LS 6392/DI 154 6
1 supply the information through a secure data transfer system.
2 (c) A diagnostic or repair tool or software provided by a
3 manufacturer to an independent service provider or owner under
4 subsection (a)(2) must incorporate the same diagnostic,
5 maintenance, repair, and remote diagnostic service capabilities
6 that the manufacturer makes available to the repair or engineering
7 staff of the manufacturer or to an authorized service provider for
8 the consumer electronic device or agricultural equipment.
9 Sec. 18. (a) A manufacturer is not required under this chapter
10 to:
11 (1) provide, or require an authorized service provider to
12 provide, to an independent service provider for, or to an
13 owner of, a consumer electronic device or a piece of
14 agricultural equipment:
15 (A) either:
16 (i) service documentation; or
17 (ii) a service part;
18 that is not available to the manufacturer or the authorized
19 service provider; or
20 (B) information that is unrelated to performance of
21 diagnostic, maintenance, or repair service for the
22 consumer electronic device or agricultural equipment; or
23 (2) divulge a trade secret.
24 (b) A manufacturer that provides service documentation
25 regarding a consumer electronic device or a piece of agricultural
26 equipment to one (1) or more aftermarket vendors:
27 (1) is not required to provide the service documentation to an
28 independent service provider for, or to an owner of, the
29 consumer electronic device or agricultural equipment under
30 this chapter; and
31 (2) is not responsible for the content or functionality of the
32 service documentation as:
33 (A) published or sold by; or
34 (B) used or implemented in the mechanisms, software, or
35 other tools created by;
36 the aftermarket vendor.
37 Sec. 19. A manufacturer that sells service documentation to an
38 independent service provider for, or to an owner of, a consumer
39 electronic device or a piece of agricultural equipment:
40 (1) in a format that is standardized with respect to
41 comparable information supplied by manufacturers of
42 comparable consumer electronic devices or agricultural
2025 IN 1060—LS 6392/DI 154 7
1 equipment; and
2 (2) in a manner, or under terms and conditions, more
3 favorable than the manner in which, or the terms and
4 conditions under which, the manufacturer provides the
5 information to an authorized service provider;
6 may not require an authorized service provider to purchase the
7 service documentation in a proprietary format unless the
8 proprietary format includes content or functionality that is not
9 available in the format described in subdivision (1).
10 Sec. 20. (a) Except as provided in subsection (b), this chapter
11 may not be construed as to affect the terms of an agreement
12 between a manufacturer and an authorized service provider,
13 including terms regarding the authorized service provider's
14 performance of warranty or recall service on behalf of the
15 manufacturer.
16 (b) Notwithstanding subsection (a), a provision of an agreement
17 between a manufacturer and an authorized service provider that
18 purports to waive, avoid, restrict, or limit the obligations of the
19 manufacturer under this chapter is void and unenforceable.
20 Sec. 21. A manufacturer that knowingly and intentionally
21 violates sections 17 through 20 of this chapter commits a deceptive
22 act that is:
23 (1) actionable by the attorney general; and
24 (2) subject to the remedies and penalties;
25 under IC 24-5-0.5.
26 SECTION 2. IC 24-5-0.5-3, AS AMENDED BY P.L.104-2024,
27 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 3. (a) A supplier may not commit an unfair,
29 abusive, or deceptive act, omission, or practice in connection with a
30 consumer transaction. Such an act, omission, or practice by a supplier
31 is a violation of this chapter whether it occurs before, during, or after
32 the transaction. An act, omission, or practice prohibited by this section
33 includes both implicit and explicit misrepresentations.
34 (b) Without limiting the scope of subsection (a), the following acts,
35 and the following representations as to the subject matter of a
36 consumer transaction, made orally, in writing, or by electronic
37 communication, by a supplier, are deceptive acts:
38 (1) That such subject of a consumer transaction has sponsorship,
39 approval, performance, characteristics, accessories, uses, or
40 benefits it does not have which the supplier knows or should
41 reasonably know it does not have.
42 (2) That such subject of a consumer transaction is of a particular
2025 IN 1060—LS 6392/DI 154 8
1 standard, quality, grade, style, or model, if it is not and if the
2 supplier knows or should reasonably know that it is not.
3 (3) That such subject of a consumer transaction is new or unused,
4 if it is not and if the supplier knows or should reasonably know
5 that it is not.
6 (4) That such subject of a consumer transaction will be supplied
7 to the public in greater quantity than the supplier intends or
8 reasonably expects.
9 (5) That replacement or repair constituting the subject of a
10 consumer transaction is needed, if it is not and if the supplier
11 knows or should reasonably know that it is not.
12 (6) That a specific price advantage exists as to such subject of a
13 consumer transaction, if it does not and if the supplier knows or
14 should reasonably know that it does not.
15 (7) That the supplier has a sponsorship, approval, or affiliation in
16 such consumer transaction the supplier does not have, and which
17 the supplier knows or should reasonably know that the supplier
18 does not have.
19 (8) That such consumer transaction involves or does not involve
20 a warranty, a disclaimer of warranties, or other rights, remedies,
21 or obligations, if the representation is false and if the supplier
22 knows or should reasonably know that the representation is false.
23 (9) That the consumer will receive a rebate, discount, or other
24 benefit as an inducement for entering into a sale or lease in return
25 for giving the supplier the names of prospective consumers or
26 otherwise helping the supplier to enter into other consumer
27 transactions, if earning the benefit, rebate, or discount is
28 contingent upon the occurrence of an event subsequent to the time
29 the consumer agrees to the purchase or lease.
30 (10) That the supplier is able to deliver or complete the subject of
31 the consumer transaction within a stated period of time, when the
32 supplier knows or should reasonably know the supplier could not.
33 If no time period has been stated by the supplier, there is a
34 presumption that the supplier has represented that the supplier
35 will deliver or complete the subject of the consumer transaction
36 within a reasonable time, according to the course of dealing or the
37 usage of the trade.
38 (11) That the consumer will be able to purchase the subject of the
39 consumer transaction as advertised by the supplier, if the supplier
40 does not intend to sell it.
41 (12) That the replacement or repair constituting the subject of a
42 consumer transaction can be made by the supplier for the estimate
2025 IN 1060—LS 6392/DI 154 9
1 the supplier gives a customer for the replacement or repair, if the
2 specified work is completed and:
3 (A) the cost exceeds the estimate by an amount equal to or
4 greater than ten percent (10%) of the estimate;
5 (B) the supplier did not obtain written permission from the
6 customer to authorize the supplier to complete the work even
7 if the cost would exceed the amounts specified in clause (A);
8 (C) the total cost for services and parts for a single transaction
9 is more than seven hundred fifty dollars ($750); and
10 (D) the supplier knew or reasonably should have known that
11 the cost would exceed the estimate in the amounts specified in
12 clause (A).
13 (13) That the replacement or repair constituting the subject of a
14 consumer transaction is needed, and that the supplier disposes of
15 the part repaired or replaced earlier than seventy-two (72) hours
16 after both:
17 (A) the customer has been notified that the work has been
18 completed; and
19 (B) the part repaired or replaced has been made available for
20 examination upon the request of the customer.
21 (14) Engaging in the replacement or repair of the subject of a
22 consumer transaction if the consumer has not authorized the
23 replacement or repair, and if the supplier knows or should
24 reasonably know that it is not authorized.
25 (15) The act of misrepresenting the geographic location of the
26 supplier by listing an alternate business name or an assumed
27 business name (as described in IC 23-0.5-3-4) in a local telephone
28 directory if:
29 (A) the name misrepresents the supplier's geographic location;
30 (B) the listing fails to identify the locality and state of the
31 supplier's business;
32 (C) calls to the local telephone number are routinely forwarded
33 or otherwise transferred to a supplier's business location that
34 is outside the calling area covered by the local telephone
35 directory; and
36 (D) the supplier's business location is located in a county that
37 is not contiguous to a county in the calling area covered by the
38 local telephone directory.
39 (16) The act of listing an alternate business name or assumed
40 business name (as described in IC 23-0.5-3-4) in a directory
41 assistance data base if:
42 (A) the name misrepresents the supplier's geographic location;
2025 IN 1060—LS 6392/DI 154 10
1 (B) calls to the local telephone number are routinely forwarded
2 or otherwise transferred to a supplier's business location that
3 is outside the local calling area; and
4 (C) the supplier's business location is located in a county that
5 is not contiguous to a county in the local calling area.
6 (17) The violation by a supplier of IC 24-3-4 concerning
7 cigarettes for import or export.
8 (18) The act of a supplier in knowingly selling or reselling a
9 product to a consumer if the product has been recalled, whether
10 by the order of a court or a regulatory body, or voluntarily by the
11 manufacturer, distributor, or retailer, unless the product has been
12 repaired or modified to correct the defect that was the subject of
13 the recall.
14 (19) The violation by a supplier of 47 U.S.C. 227, including any
15 rules or regulations issued under 47 U.S.C. 227.
16 (20) The violation by a supplier of the federal Fair Debt
17 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
18 rules or regulations issued under the federal Fair Debt Collection
19 Practices Act (15 U.S.C. 1692 et seq.).
20 (21) A violation of IC 24-5-7 (concerning health spa services), as
21 set forth in IC 24-5-7-17.
22 (22) A violation of IC 24-5-8 (concerning business opportunity
23 transactions), as set forth in IC 24-5-8-20.
24 (23) A violation of IC 24-5-10 (concerning home consumer
25 transactions), as set forth in IC 24-5-10-18.
26 (24) A violation of IC 24-5-11 (concerning real property
27 improvement contracts), as set forth in IC 24-5-11-14.
28 (25) A violation of IC 24-5-12 (concerning telephone
29 solicitations), as set forth in IC 24-5-12-23.
30 (26) A violation of IC 24-5-13.5 (concerning buyback motor
31 vehicles), as set forth in IC 24-5-13.5-14.
32 (27) A violation of IC 24-5-14 (concerning automatic
33 dialing-announcing devices), as set forth in IC 24-5-14-13.
34 (28) A violation of IC 24-5-15 (concerning credit services
35 organizations), as set forth in IC 24-5-15-11.
36 (29) A violation of IC 24-5-16 (concerning unlawful motor
37 vehicle subleasing), as set forth in IC 24-5-16-18.
38 (30) A violation of IC 24-5-17 (concerning environmental
39 marketing claims), as set forth in IC 24-5-17-14.
40 (31) A violation of IC 24-5-19 (concerning deceptive commercial
41 solicitation), as set forth in IC 24-5-19-11.
42 (32) A violation of IC 24-5-21 (concerning prescription drug
2025 IN 1060—LS 6392/DI 154 11
1 discount cards), as set forth in IC 24-5-21-7.
2 (33) A violation of IC 24-5-23.5-7 (concerning real estate
3 appraisals), as set forth in IC 24-5-23.5-9.
4 (34) A violation of IC 24-5-26 (concerning identity theft), as set
5 forth in IC 24-5-26-3.
6 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
7 as set forth in IC 24-5.5-6-1.
8 (36) A violation of IC 24-8 (concerning promotional gifts and
9 contests), as set forth in IC 24-8-6-3.
10 (37) A violation of IC 21-18.5-6 (concerning representations
11 made by a postsecondary credit bearing proprietary educational
12 institution), as set forth in IC 21-18.5-6-22.5.
13 (38) A violation of IC 24-5-15.5 (concerning collection actions of
14 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
15 (39) A violation of IC 24-14 (concerning towing services), as set
16 forth in IC 24-14-10-1.
17 (40) A violation of IC 24-5-14.5 (concerning misleading or
18 inaccurate caller identification information), as set forth in
19 IC 24-5-14.5-12.
20 (41) A violation of IC 24-5-27 (concerning intrastate inmate
21 calling services), as set forth in IC 24-5-27-27.
22 (42) A violation of IC 15-21 (concerning sales of dogs by retail
23 pet stores), as set forth in IC 15-21-7-4.
24 (43) A violation of IC 24-4-23 (concerning the security of
25 information collected and transmitted by an adult oriented website
26 operator), as set forth in IC 24-4-23-14.
27 (44) A violation of IC 24-4-24 (concerning access to product
28 repair resources), as set forth in IC 24-4-24-21.
29 (c) Any representations on or within a product or its packaging or
30 in advertising or promotional materials which would constitute a
31 deceptive act shall be the deceptive act both of the supplier who places
32 such representation thereon or therein, or who authored such materials,
33 and such other suppliers who shall state orally or in writing that such
34 representation is true if such other supplier shall know or have reason
35 to know that such representation was false.
36 (d) If a supplier shows by a preponderance of the evidence that an
37 act resulted from a bona fide error notwithstanding the maintenance of
38 procedures reasonably adopted to avoid the error, such act shall not be
39 deceptive within the meaning of this chapter.
40 (e) It shall be a defense to any action brought under this chapter that
41 the representation constituting an alleged deceptive act was one made
42 in good faith by the supplier without knowledge of its falsity and in
2025 IN 1060—LS 6392/DI 154 12
1 reliance upon the oral or written representations of the manufacturer,
2 the person from whom the supplier acquired the product, any testing
3 organization, or any other person provided that the source thereof is
4 disclosed to the consumer.
5 (f) For purposes of subsection (b)(12), a supplier that provides
6 estimates before performing repair or replacement work for a customer
7 shall give the customer a written estimate itemizing as closely as
8 possible the price for labor and parts necessary for the specific job
9 before commencing the work.
10 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
11 company or other provider of a telephone directory or directory
12 assistance service or its officer or agent is immune from liability for
13 publishing the listing of an alternate business name or assumed
14 business name of a supplier in its directory or directory assistance data
15 base unless the telephone company or other provider of a telephone
16 directory or directory assistance service is the same person as the
17 supplier who has committed the deceptive act.
18 (h) For purposes of subsection (b)(18), it is an affirmative defense
19 to any action brought under this chapter that the product has been
20 altered by a person other than the defendant to render the product
21 completely incapable of serving its original purpose.
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