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HOUSE DOCKET, NO. 3826 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 360
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Adrian C. Madaro
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to digital right to repair.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Adrian C. Madaro1st Suffolk1/20/2023Samantha Montaño15th Suffolk1/25/2023Sal N. DiDomenicoMiddlesex and Suffolk1/30/2023Angelo L. D'Emilia8th Plymouth1/30/2023David M. Rogers24th Middlesex2/3/2023Carole A. Fiola6th Bristol2/13/2023Lindsay N. Sabadosa1st Hampshire2/13/2023Jack Patrick Lewis7th Middlesex2/13/2023William C. Galvin6th Norfolk2/13/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/14/2023Jonathan D. Zlotnik2nd Worcester3/6/2023 1 of 6
HOUSE DOCKET, NO. 3826 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 360
By Representative Madaro of Boston, a petition (accompanied by bill, House, No. 360) of
Adrian C. Madaro and others relative to digital right to repair. Consumer Protection and
Professional Licensure.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to digital right to repair.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 The General Laws are hereby amended by inserting after chapter 93K the following
2Chapter:-
3 Chapter 93L Portable Wireless Device Repair Act
4 Section 1. As used in this chapter, the following terms shall, unless the context clearly
5requires otherwise, have the following meanings:
6 "Authorized repair provider” means, with respect to an manufacturer, an individual or
7business who is unaffiliated with the manufacturer and who has an arrangement with
8manufacturer under which the manufacturer grants to the individual or business a license to use a
9trade name, service mark, or other proprietary identifier for the purposes of offering the services
10of diagnosis, maintenance, or repair of portable wireless devices under the name of the
11manufacturer, or other arrangement with the manufacturer to offer such services on behalf of
12manufacturer. A manufacturer who offers the services of diagnosis, maintenance, or repair of 2 of 6
13portable wireless devices manufactured by it or on its behalf, or sold or otherwise supplied by it,
14and who does not do so exclusively through one or more arrangements as described in this
15subsection with an unaffiliated individual or business, shall be considered an authorized repair
16provider with respect to such equipment.
17 “Portable Wireless Device” means a product which includes a battery, microphone,
18speaker and display designed to send and receive transmissions through a cellular radiotelephone
19service.
20 "Documentation", means any manual, diagram, reporting output, service code
21description, schematic, security codes or passwords, or other information used in effecting the
22services of diagnosis, maintenance, or repair of portable wireless devices.
23 “Fair and reasonable terms”, for obtaining a part or tool or documentation means costs
24and terms that are equivalent to the most favorable costs and terms under which manufacturer
25offers the part, tool, or documentation to an authorized repair provider accounting for any
26discount, rebate, convenient and timely means of delivery, means of enabling fully restored and
27updated functionality, rights of use, or other incentive or preference the manufacturer offers to an
28authorized repair provider, or any additional cost, burden, or impediment the manufacturer
29imposes on an owner or independent repair provider. For documentation, including any relevant
30updates, “fair and reasonable terms” also means at no charge, except that, when the
31documentation is requested in physical printed form, a charge may be included for the reasonable
32actual costs of preparing and sending the copy.
33 "Independent repair provider" means, with respect to a manufacturer, an individual or
34business operating in the Commonwealth, who does not have an arrangement as an authorized 3 of 6
35repair provider with the manufacturer, and who is not affiliated with any individual or business
36who has such an arrangement with the manufacturer, when that individual or business is engaged
37in the services of diagnosis, maintenance, or repair of portable wireless devices. A manufacturer
38or, with respect to that manufacturer, an individual or business who has such an arrangement
39with that manufacturer, or who is affiliated with an individual or business who has such an
40arrangement with that manufacturer, shall be considered an independent repair provider when
41engaging in the services of diagnosis, maintenance, or repair of portable wireless devices that is
42not manufactured by or on behalf of, or sold or otherwise supplied by, that manufacturer.
43 "Manufacturer", means a business engaged in the business of selling, leasing, or
44otherwise supplying new portable wireless devices, or parts of equipment, manufactured by or on
45behalf of itself, to any individual or business.
46 "Owner", an individual or business who lawfully acquires a portable wireless device
47purchased or used in the Commonwealth.
48 “Part” means any replacement part, either new or used, made available by or to a
49manufacturer for purposes of effecting the services of maintenance or repair of portable wireless
50devices manufactured by or on behalf of, sold or otherwise supplied by the manufacturer.
51 “Tool” means any software program, hardware implement, or other apparatus used for
52diagnosis, maintenance, or repair of portable wireless devices, including software or other
53mechanisms that provision, program, or pair a part, calibrate functionality, or perform any other
54function required to bring the product back to fully functional condition.
55 "Trade secret" means anything tangible or intangible or electronically stored or kept
56which constitutes, represents, evidences, or records intellectual property including secret or 4 of 6
57confidentially held designs, processes, procedures, formulas, inventions or improvements, or
58secrets of confidentially held scientific, technical, merchandising, production, financial, business
59or management information, or anything within the definition in 18 U.S.C. 1839(3).
60 Section 2. Manufacturers of portable wireless devices, or parts for such equipment,
61manufactured by it or on its behalf, or sold or otherwise supplied by it in the Commonwealth,
62shall make available to owners of such devices and to independent repair providers, on fair and
63reasonable terms, documentation, parts, and tools, inclusive of any updates, for purposes of
64diagnosis, maintenance, or repair of such devices. Nothing in this subsection requires a
65manufacturer to make available a part that is no longer available to the manufacturer.
66 Section 3. Manufacturers that sell any diagnostic, service, or repair information to any
67independent repair provider or any other third-party provider in a format that is standardized with
68other manufacturers, and on terms and conditions more favorable than the manner and the terms
69and conditions pursuant to which an authorized repair provider obtains the same diagnostic,
70service, or repair information, shall be prohibited from requiring any authorized repair provider
71to continue purchasing diagnostic, service, or repair information in a proprietary format, unless
72such proprietary format includes diagnostic, service, repair, or dealership operations information
73or functionality that is not available in such standardized format.
74 Section 4. Nothing in this chapter shall be construed to require a manufacturer to divulge
75a trade secret, except as necessary to provide documentation, parts, and tools on fair and
76reasonable terms.
77 Section 5. Nothing in this chapter requires manufacturers or authorized repair providers
78to provide an owner or independent repair provider access to non-diagnostic and non-repair 5 of 6
79 information provided by a manufacturer to an authorized repair provider pursuant to the
80terms of an authorizing agreement.
81 Section 6.
82 (a) An independent repair provider or owner who believes that a manufacturer
83 has failed to provide documentation, parts, and tools for purposes of diagnosis,
84maintenance, or repair of portable wireless devices as required by this chapter shall notify the
85manufacturer in writing and give the manufacturer 30 days from the time the manufacturer
86receives the complaint to cure the failure. If the manufacturer cures such a complaint within the
87cure period, damages shall be limited to actual damages in any subsequent litigation.
88 (b) If the manufacturer fails to respond to the notice provided pursuant to subsection (a),
89or if an independent repair provider or owner is not satisfied with the manufacturer's cure, the
90independent repair provider or owner may file a complaint in superior court. The complaint shall
91include the following:
92 (1) written information confirming that the complainant has attempted to acquire and use,
93through the then available standard support function provided by the manufacturer, relevant
94documentation, parts, and tools, including communication with customer assistance via the
95manufacturer's then standard process, if made available by the manufacturer; and
96 (2) evidence of manufacturer notification as required by subsection (a).
97 Section 10. In addition to any other remedies that may be available, a violation of this
98chapter shall be deemed to be an unfair method of competition and an unfair or deceptive act or
99practice in the conduct of trade or commerce in violation of section 2 of chapter 93A. 6 of 6
100 Section 11. This Act applies with respect to equipment sold or in use on or after the
101effective date of this Act.
102 Section 12. This Act takes effect January 1, 2024.
103 Section 13. Nothing in this chapter shall apply to a device approved by the United States
104Food and Drug Administration.