Virginia House Bill HB1094

Virginia 2022 Regular Session

• Introduced: 1/12/22
• Refer: 1/12/22

Caption

Fair Repair Act; access to diagnostics, tools, service documentation, and firmware, penalties.

Impact

This law significantly impacts existing consumer rights in the Commonwealth by empowering consumers to choose independent repair services. It amends the Code of Virginia to prohibit practices that can restrict fair access to repair resources, and violations of this chapter will be subject to penalties under the Virginia Consumer Protection Act. This change aims to reduce repair costs for consumers and improve sustainability by facilitating repairs instead of encouraging replacement of electronic devices.

Summary

House Bill 1094, known as the Fair Repair Act, establishes legal requirements for original equipment manufacturers (OEMs) concerning the availability of repair resources. The legislation mandates that OEMs must provide owners and independent repair providers with access to necessary parts, tools, and documentation required for the maintenance and repair of digital electronic equipment. These resources should be available on fair and reasonable terms, designed to ensure that consumers can maintain their devices without being dependent solely on authorized repair providers, thus promoting consumer choice and competition.

Contention

During discussions, some stakeholders raised concerns about the implications of the bill on proprietary technologies and trade secrets, suggesting that forcing OEMs to disclose certain materials could harm their competitive advantage. The act explicitly does not require OEMs to divulge trade secrets unless necessary for repair purposes, attempting to balance the interests of manufacturers with consumer needs. This balance will likely be a point of contention as it may influence manufacturers' willingness to comply with repair requests in practical scenarios.