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Next to a President Biden’s decree, today the Federal Trade Commission voted unanimously adopt a new policy designed to support the growing right to rrepair movement.
Pstruck in a 5-0 decision, the The new FTC policy is designed to make it easier for consumers to repair their own devices and is also committed step up investigations of companies suspected of having illegal repair restrictions. It is sSomething the FTC admitted has not been an “enforcement priority for the Commission for a number of years.”
NOTo new laws have already been set in stone, but the new FTC policy outlines five things it seeks to improve in the future. The first is that the FTC will now prioritize investigations into illegal repair restrictions covered by laws like the Magnuson-Moss Warranty Act. Additionally, the FTC says it will urge the public to submit complaints and information about companies that potentially violate applicable laws, while also monitoring private litigation more closely to help decide which companies may require further investigation.
The FTC says it will also “scrutinize restrictions on remedies for violations of antitrust laws” that may violate the Sherman Act or promote monopoly practices. On top of that, the FTC says it also plans to look at what types of repair restrictions are unfair, and “Analyze any material complaints made to buyers” to determine if these practices are in violation of the law.
And as a matter of practice going forward, the FTC says it will use an “interdisciplinary approach” to use more resources and a wider range of expertise to better tackle illegal restorative restrictions, both at the federal and state levels with the help of local authorities.
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As part of the FTC discussions today, the FTC Chair Lina Khan said: “These types of restrictions can dramatically increase costs to consumers, stifle innovation, shut down business opportunities for independent repair shops, create unnecessary e-waste, delay timely repairs, and undermine resilience. The FTC has a range of tools it can use to eliminate illegal repair restrictions, and today’s policy statement would commit us to moving forward on this issue with new vigor.
So while it remains to be seen how big tech companies like Apple, Microsoft, Samsung and others will react to the new FTC policies, this latest resolution signals a big shift in how aggressive the government is when it comes to government. will act to support people’s ability to tinker with and repair their own gadgets.
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