Right to repair legislation made it back onto the table this week in the other Washington with the introduction of the Fair Repair Act, a bill which intends to give Americans greater ability to replace faulty or worn parts in their devices and appliances.
Democratic Representatives Marie Gluesenkamp Perez (WA-03) and Joe Morelle (NY-25) introduced the legislation in the U.S. House of Representatives, while Senator Ben Ray Luján of New Mexico did so in the U.S. Senate.
The legislation would give the Federal Trade Commission authority to regulate the business practices of original equipment manufacturers (OEMs). Many OEMs actively prevent their customers from independently obtaining and installing functional replacement parts, purposefully reduce parts’ functionality, exaggerate the risk of malfunctioning parts, charge high repair costs, and limit who can purchase parts.
Proponents of the bill argue that repairs take up a high percentage of Americans’ spending on electronics, as many rely on expensive repairs from manufacturers, who don’t want competition. The U.S. Public Interest Research Group, which has advocated for the legislation, estimates that the legislation could reduce spending on electronics by 22%. Advocates also contend that the high repair prices incentivize people to buy new products instead of repairing them, resulting in waste.
“In rural communities like mine, it can take hours to drive to an authorized retailer or Apple Store for a repair,” Representative Gluesenkamp Perez said in a press release. “The Fair Repair Act would empower folks with the right to fix their own stuff or take it to the shop they want – which will make repairs quicker, easier, and less expensive.”
Perez also introduced the Agricultural Right to Repair Act in 2023, which specifically intends to help farmers repair equipment that they would otherwise need assistance or professional help with. The bill is still stuck in committee.
Several states have already passed right to repair legislation, including Colorado, which recently extended coverage to make repair easier on electronics and cars. In Europe, manufacturers must supply spare parts for up to a decade.
Right to repair laws are not without their critics.
Some researchers have cautioned that one-size-fits-all legislation can have unintended consequences, with producers of cheap goods choosing to flood the market (thereby reducing the incentive to repair and increasing environmental waste) while producers of expensive goods raise prices to make up for weaker profits.
Nathan Proctor, the senior director of the U.S. PIRG’s campaign in favor of right to repair, rejected the notion that right to repair will have negative repercussions.
“Manufacturers have long argued that they should be allowed to control repairs, that when they limit who can fix our property, they do it to protect us. That’s absurd. Everyone knows that choice in the marketplace is essential to keep costs down and quality high. Right to Repair is about making sure that Americans have options for where they fix their phones or appliances, and farmers have a choice of where to fix their tractors.”
The legislation faces obstacles in the divided 118th Congress.
Leadership plans to recess for the entire month of August, and Democrats need Republican votes to get the legislation through both chambers. Republicans do not want to hand Democrats more policy wins that could help them on the campaign trail.
Still, the introduction of the Fair Repair Act adds to the nationwide attention toward marketplace fairness. The Biden administration has already prioritized fighting “junk fees” — surprise costs that are not included in sticker prices.
While advocates of this legislation might not see a victory in this Congress, the reintroduction of the Fair Repair Act is helpful for building momentum towards an eventual legislative victory. It keeps the fire burning, so to speak.
In the Pacific Northwest, Oregon has succeeded in passing a right to repair law, while Washington is getting closer to having one, thanks to the efforts of State Representative Mia Gregerson (D‑33rd District: South King County). NPI’s Evergreen State research has found robust support for right to repair for two consecutive bienniums:
- In November of 2021, 69% of likely 2022 voters said they were supportive of a bill that aims to promote “the fair servicing and repair of digital electronic products in a safe, secure, reliable, and sustainable manner.”
- In March 2023, 69% of likely 2024 Washington State voters said that they agreed that the planned obsolescence business practices of firms like Apple and Samsung were a problem, with only 15% disagreeing and 16% not sure.
NPI strongly supports the Fair Repair Act at the federal level and will continue working to secure passage of a right to repair law in Washington State in 2025.
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