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