The FTC may finally have found its backbone on the right to mend



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Image from article titled The FTC Might Have Just Found Its Spine On The Right To Fix, Sort Of

Photo: David McNew (Getty Images)

there are several of them ways companies are discouraging your ability to fix things you buy, and the Federal Trade Commission is finally committed to pushing them back.

A policy statement released Wednesday by the FTC announced that its members had “voted unanimously to strengthen law enforcement against repair restrictions that prevent small businesses, workers, consumers and even government entities from repairing their own products “.

It comes just days after President Joe Biden signed an executive order calling on the commission to take the issue more seriously. And while most of the media seems to focus on the company that makes your smartphone, this also has huge implications for the automotive industry, especially as software becomes more and more essential in all vehicles and vehicles. that electric vehicles become more accessible.

In the statement, the FTC shared the findings of a recent report, which found that manufacturers use a variety of tricks to frustrate consumers and small businesses who to take things in their own hands (duh) including, but not limited to, “adhesives that make parts difficult to replace, limiting the availability of parts and tools, or making diagnostic software unavailable.”

That last hurdle – the diagnostic software – is a big deal. Not just for cars, but also for construction and agricultural equipment, a fact that often surprises people. Today’s tractors are rigorously managed by software. If you want an idea of How? ‘Or’ What strictly, ask a farmer. If you can’t find one, browse this revealing interview with John Deere Technical Director Jahmy Hindman of The edge, in which Hindman says that today John Deere employs more software engineers than mechanical engineers.

Companies like John Deere often claim that they are required by law to keep certain aspects of their products – that is, diesel emissions controls and wired steering systems – effectively out of the reach of owners. But the point is, the sensors and code now prevent doing what was once DIY repairs, and companies have no incentive to change that because they can make more money in the event of an outage and they are the only ones able to provide a service.

For an industry founded on an ingenious and do-it-yourself spirit, being obliged to transport your machines to an authorized center to maintain you to know you should be able to address yourself just won’t fly.

To that end, the FTC says it has at its disposal “a range of tools it can use to eradicate” these prohibitive practices, and that it hopes to “move forward on this issue with new vigor.” The livelihoods of independent repair shops, the desire to mitigate e-waste and the general resilience of families and businesses exposed to the pandemic were cited as the main concerns that prompted the commission to take action. Additionally, the FTC encourages the public to reach out and alert them to all summary warranty conditions:

The Commission has also urged the public to file complaints for violations of the Magnuson-Moss Warranty Act, which prohibits, among other things, linking a consumer’s product warranty to a supplier’s use of services or a specific product, unless the FTC has issued a waiver.

This all sounds good in theory, and it’s been a very long time coming. But the value of today’s statement of intent will ultimately be determined by how aggressively the FTC tackles this problem in the future and how easily it capitulates to bogus consortium lobbyists like the “Automotive Innovation Alliance. “For today, this is a promising first step in giving consumers a bit of agency.

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