Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H433 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3779 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 433
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adrian C. Madaro
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to digital right to repair.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Adrian C. Madaro1st Suffolk1/17/2025Mindy Domb3rd Hampshire2/3/2025Lindsay N. Sabadosa1st Hampshire2/6/2025James B. EldridgeMiddlesex and Worcester2/24/2025Natalie M. Higgins4th Worcester2/24/2025 1 of 9
16	16	HOUSE DOCKET, NO. 3779 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 433
18	18	By Representative Madaro of Boston, a petition (accompanied by bill, House, No. 433) of
19	19	Adrian C. Madaro and others relative to diagnostic, service or repair information and services for
20	20	digital electronic products. Consumer Protection and Professional Licensure.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to digital right to repair.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. The General Laws, as appearing in the 2022 Official Edition, are hereby
30	30	2amended by inserting after chapter 93L the following chapter:-
31	31	3 CHAPTER 93M.
32	32	4 CONSUMER ELECTRONIC DEVICE REPAIR
33	33	5 Section 1. As used in this chapter, the following terms shall, unless the context clearly
34	34	6requires otherwise, have the following meanings:
35	35	7 "Authorized repair provider” means, with respect to an manufacturer, an individual or
36	36	8business who is unaffiliated with the manufacturer and who has an arrangement with
37	37	9manufacturer under which the manufacturer grants to the individual or business a license to use a
38	38	10trade name, service mark, or other proprietary identifier for the purposes of offering the services
39	39	11of diagnosis, maintenance, or repair of consumer electronic devices under the name of the 2 of 9
40	40	12manufacturer, or other arrangement with the manufacturer to offer such services on behalf of
41	41	13manufacturer. A manufacturer who offers the services of diagnosis, maintenance, or repair of
42	42	14consumer electronic devices manufactured by it or on its behalf, or sold or otherwise supplied by
43	43	15it, and who does not do so exclusively through one or more arrangements as described in this
44	44	16subsection with an unaffiliated individual or business, shall be considered an authorized repair
45	45	17provider with respect to such equipment.
46	46	18 “Consumer Electronic Device” or "device" means any product or electronic that:
47	47	19 (a) Depends, in whole or in part, on digital electronics, such as a microprocessor or
48	48	20microcontroller, embedded in or attached to the product in order to function;
49	49	21 (b) Is tangible personal property;
50	50	22 (c) Is generally used for personal, family, or household purposes;
51	51	23 (d) Is sold, used, or supplied in Massachusetts 180 days or more after the product was
52	52	24first manufactured and 180 days or more after the product was first sold or used in
53	53	25Massachusetts; and
54	54	26 (e) May be capable of attachment to or installation in real property.
55	55	27 "Documentation", means any manual, diagram, reporting output, service code
56	56	28description, schematic, security codes or passwords, or other information used in effecting the
57	57	29services of diagnosis, maintenance, or repair of consumer electronic devices.
58	58	30 “Fair and reasonable terms”, for obtaining a part or tool or documentation means costs
59	59	31and terms that are equivalent to the most favorable costs and terms under which manufacturer
60	60	32offers the part, tool, or documentation to an authorized repair provider accounting for any 3 of 9
61	61	33discount, rebate, convenient and timely means of delivery, means of enabling fully restored and
62	62	34updated functionality, rights of use, or other incentive or preference the manufacturer offers to an
63	63	35authorized repair provider, or any additional cost, burden, or impediment the manufacturer
64	64	36imposes on an owner or independent repair provider. For documentation, including any relevant
65	65	37updates, “fair and reasonable terms” also means at no charge, except that, when the
66	66	38documentation is requested in physical printed form, a charge may be included for the reasonable
67	67	39actual costs of preparing and sending the copy.
68	68	40 "Independent repair provider" means, with respect to a manufacturer, an individual or
69	69	41business operating in the Commonwealth, who does not have an arrangement as an authorized
70	70	42repair provider with the manufacturer, and who is not affiliated with any individual or business
71	71	43who has such an arrangement with the manufacturer, when that individual or business is engaged
72	72	44in the services of diagnosis, maintenance, or repair of consumer electronic devices. A
73	73	45manufacturer or, with respect to that manufacturer, an individual or business who has such an
74	74	46arrangement with that manufacturer, or who is affiliated with an individual or business who has
75	75	47such an arrangement with that manufacturer, shall be considered an independent repair provider
76	76	48when engaging in the services of diagnosis, maintenance, or repair of consumer electronic
77	77	49devices that is not manufactured by or on behalf of, or sold or otherwise supplied by, that
78	78	50manufacturer.
79	79	51 "Manufacturer", means a business engaged in the business of selling, leasing, or
80	80	52otherwise supplying new consumer electronic devices, or parts of equipment, manufactured by or
81	81	53on behalf of itself, to any individual or business. 4 of 9
82	82	54 "Owner", an individual or business who lawfully acquires a portable wireless device
83	83	55purchased or used in the Commonwealth.
84	84	56 “Part” means any replacement part, either new or used, made available by or to a
85	85	57manufacturer for purposes of effecting the services of maintenance or repair of consumer
86	86	58electronic devices manufactured by or on behalf of, sold or otherwise supplied by the
87	87	59manufacturer.
88	88	60 “Tool” means any software program, hardware implement, or other apparatus used for
89	89	61diagnosis, maintenance, or repair of consumer electronic devices, including software or other
90	90	62mechanisms that provision, program, or pair a part, calibrate functionality, or perform any other
91	91	63function required to bring the product back to fully functional condition.
92	92	64 "Trade secret" means anything tangible or intangible or electronically stored or kept
93	93	65which constitutes, represents, evidences, or records intellectual property including secret or
94	94	66confidentially held designs, processes, procedures, formulas, inventions or improvements, or
95	95	67secrets of confidentially held scientific, technical, merchandising, production, financial, business
96	96	68or management information, or anything within the definition in 18 U.S.C. 1839(3).
97	97	69 "Video game console" means a computing device, such as a console machine, a handheld
98	98	70console device, or another device or system, and its components and peripherals, that is primarily
99	99	71used by consumers for playing video games, but which is neither a general nor an all-purpose
100	100	72computer, such as a desktop computer, laptop, tablet, or cell phone.
101	101	73 Section 2. Notwithstanding any general or special law to the contrary, manufacturers of
102	102	74consumer electronic devices, or parts for such equipment, manufactured by it or on its behalf, or
103	103	75sold or otherwise supplied by it in the Commonwealth, shall make available to owners of such 5 of 9
104	104	76devices and to independent repair providers, on fair and reasonable terms, documentation, parts,
105	105	77and tools, inclusive of any updates, for purposes of diagnosis, maintenance, or repair of such
106	106	78devices. Nothing in this subsection requires a manufacturer to make available a part that is no
107	107	79longer available to the manufacturer.
108	108	80 Section 3. Manufacturers that sell any diagnostic, service, or repair information to any
109	109	81independent repair provider or any other third-party provider in a format that is standardized with
110	110	82other manufacturers, and on terms and conditions more favorable than the manner and the terms
111	111	83and conditions pursuant to which an authorized repair provider obtains the same diagnostic,
112	112	84service, or repair information, shall be prohibited from requiring any authorized repair provider
113	113	85to continue purchasing diagnostic, service, or repair information in a proprietary format, unless
114	114	86such proprietary format includes diagnostic, service, repair, or dealership operations information
115	115	87or functionality that is not available in such standardized format.
116	116	88 Section 4. Nothing in this chapter shall be construed to require a manufacturer to divulge
117	117	89a trade secret, except as necessary to provide documentation, parts, and tools on fair and
118	118	90reasonable terms.
119	119	91 Section 5. Nothing in this chapter shall require manufacturers or authorized repair
120	120	92providers to provide an owner or independent repair provider access to non-diagnostic and non-
121	121	93repair information provided by a manufacturer to an authorized repair provider pursuant to the
122	122	94terms of an authorizing agreement.
123	123	95 Section 6.
124	124	96 (a) An independent repair provider or owner who believes that a manufacturer has failed
125	125	97to provide documentation, parts, and tools for purposes of diagnosis, maintenance, or repair of 6 of 9
126	126	98consumer electronic devices as required by this chapter shall notify the manufacturer in writing
127	127	99and give the manufacturer 30 days from the time the manufacturer receives the complaint to cure
128	128	100the failure. If the manufacturer cures such a complaint within the cure period, damages shall be
129	129	101limited to actual damages in any subsequent litigation.
130	130	102 (b) If the manufacturer fails to respond to the notice provided pursuant to subsection (a),
131	131	103or if an independent repair provider or owner is not satisfied with the manufacturer's cure, the
132	132	104independent repair provider or owner may file a complaint in superior court. The complaint shall
133	133	105include the following:
134	134	106 (i) written information confirming that the complainant has attempted to acquire and use,
135	135	107through the then available standard support function provided by the manufacturer, relevant
136	136	108documentation, parts, and tools, including communication with customer assistance via the
137	137	109manufacturer's then standard process, if made available by the manufacturer; and
138	138	110 (ii) evidence of manufacturer notification as required by subsection (a).
139	139	111 Section 10. In addition to any other remedies that may be available, a violation of this
140	140	112chapter shall be deemed to be an unfair method of competition and an unfair or deceptive act or
141	141	113practice in the conduct of trade or commerce in violation of section 2 of chapter 93A.
142	142	114 Section 11. This Act shall apply to equipment sold or in use on or after January 1, 2026
143	143	115 Section 12. (a) The following devices, products or services shall be exempt from the
144	144	116requirements under this chapter:
145	145	117 (i) a device approved by the United States Food and Drug Administration;
146	146	118 (ii) a device that has never been available for retail sale to a consumer; 7 of 9
147	147	119 (iii) a device that is a system, mechanism, or series of mechanisms that generates, stores,
148	148	120or combines generation and storage of electrical energy from solar radiation;
149	149	121 (iv) a device that stores electrical energy for a period of time and transmits the energy
150	150	122after storage, that is interconnected with a transmission or distribution system and that is
151	151	123approved by an electric utility or located on a customer's side of an electric utility meter in
152	152	124accordance with an applicable utility tariff or interconnection agreement;
153	153	125 (v) a motor vehicle manufacturer, manufacturer of motor vehicle equipment, or motor
154	154	126vehicle dealer acting in that capacity or to any product or service of a motor vehicle
155	155	127manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer acting in that
156	156	128capacity; and
157	157	129 (vi) a manufacturer, distributor, importer, or dealer of any power generation or storage
158	158	130equipment, or equipment for fueling or charging motor vehicles.
159	159	131 (b) Nothing in this chapter shall apply to utility equipment; farm or agricultural
160	160	132equipment; construction equipment; compact construction equipment; road building equipment;
161	161	133electronic vehicle charging infrastructure equipment; mining equipment; and any tools,
162	162	134technology, attachments, accessories, components, and repair parts for any of the foregoing.
163	163	135 (c) Nothing in this chapter shall require any original manufacturer or authorized repair
164	164	136provider to make available any parts, tools, or documentation required for the diagnosis,
165	165	137maintenance, or repair of a video game console and its components and peripherals.
166	166	138 (d) Nothing in this chapter shall require any original manufacturer or authorized repair
167	167	139provider to make available documentation or tools used exclusively for repairs completed by 8 of 9
168	168	140machines that operate on several digital electronic products simultaneously, if the original
169	169	141manufacturer makes available to owners of the product and independent repair providers
170	170	142sufficient, alternative documentation and tools to effect the diagnosis, maintenance, or repair of
171	171	143the digital electronic product.
172	172	144 (e) Nothing in this chapter shall require an original manufacturer to make available
173	173	145special documentation, tools, parts, or other devices or implements that would disable or
174	174	146override, without an owner's authorization, theft prevention, privacy, or security measures that
175	175	147the owner sets for digital electronic products.
176	176	148 (f) Nothing in this chapter shall apply to set-top boxes, modems, routers, or all-in-one
177	177	149devices delivering internet, video, and voice systems that are distributed by a video, internet, or
178	178	150voice service provider if the service provider offers equivalent or better, readily available
179	179	151replacement equipment at no charge to the customer.
180	180	152 (g) Nothing in this chapter shall apply to off-road equipment, including without
181	181	153limitation, farm and utility tractors; farm implements; farm machinery; forestry equipment;
182	182	154industrial equipment; utility equipment; construction equipment; compact construction
183	183	155equipment; road-building equipment; mining equipment; turf, yard, and garden equipment;
184	184	156outdoor power equipment; portable generators; marine, all-terrain sports, racing, and recreational
185	185	157vehicles; stand-alone or integrated stationary or mobile internal combustion engines; power
186	186	158sources such as generator sets, electric batteries, and fuel cell power; power tools; and any tools,
187	187	159technology, attachments, accessories, components, and repair parts for any of the foregoing.
188	188	160 (h) Nothing in this chapter shall apply to fire alarm systems, intrusion detection
189	189	161equipment that is provided with a security monitoring service, and life safety systems. 9 of 9
190	190	162 (i) Nothing in this chapter shall require an original manufacturer or authorized repair
191	191	163provider to make available any parts, tools, or documentation required for the diagnosis,
192	192	164maintenance, or repair of public safety communications equipment, the intended use of which is
193	193	165for emergency response or prevention purposes by an emergency service organization such as a
194	194	166police, fire, or emergency medical services agency.