RIGHT TO REPAIR DIGITAL ELECTRONICS ACT.

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View NCGA Bill Details(link is external)2025-2026 Session
House Bill 938 (Public) Filed Thursday, April 10, 2025
AN ACT ESTABLISHING FAIR REPAIR REQUIREMENTS FOR MANUFACTURERS OF DIGITAL ELECTRONIC PRODUCTS.
Intro. by Longest, Belk, T. Brown, Pittman.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 14 2025)
H 938

Bill Summaries:

  • Summary date: Apr 10 2025 - View Summary

    Enacts Article 9, GS Chapter 75, the Fair Repair Requirements Act. Defines 11 terms. Requires manufacturers of digital electronic products sold or used in the State to: (1) make available described diagnostic and repair, free of charge, to independent repair facilities or owners of products manufactured by the manufacturer in the same manner the manufacturer makes the information available to its authorized repair providers; and (2) make available service parts for purchase by the product owner or their authorized agent, unless the parts are no longer available to the manufacturer or the authorized repair channel of the manufacturer. Defines digital electronic products as a part or machine containing a microprocessor originally manufactured for distribution and sale in the US. Defines manufacturer as an individual or business who, in the ordinary course of its business, is engaged in the business of selling or leasing new digital electronic products to consumers or other end users and is engaged in the diagnosis, service, maintenance, or repair of that product. 

    Prohibits manufacturers from requiring authorized repair providers from continuing to purchase diagnostic, service, or repair information in a proprietary format when the manufacturer sells the information to an independent repair provider or third-party provider in a format that is standardized with other manufacturers on more favorable terms unless the proprietary format includes information or functionality not available in the standardized format.

    Requires manufacturers to make available for purchase by owners and independent repair facilities all diagnostic repair tools as those available to its own repair or engineering staff or authorized repair providers. Requires the tools be offered at fair and reasonable terms, defines to mean an equitable price in light of relevant factors which include three listed, such as the price charged by other manufacturers for similar parts or products. States that manufacturers that provide repair information to aftermarket tool, diagnostics, or third-party service information publications and systems have fully satisfied their obligations and thereafter are not responsible for the content and functionality of aftermarket diagnostic tools or service information systems. Prohibits excluding diagnostic, service, and repair information necessary to reset a security-related function from information provided to owners and independent repair facilities and allows for provision of relevant information through an appropriate secure data release system.

    Specifies that the Article does not require manufacturers to divulge trade secrets, as defined. Provides that the Article has no effect on contracts between the manufacturer and authorized repair providers. Specifies that authorized repair providers have all rights and remedies under the section except for compliance disputes related to existing repair agreements.

    Defines the scope of the Article to exclude requiring access to non-diagnostic and non-repair information provided by a manufacturer to an authorized repair provider pursuant to an authorizing agreement. 

    Requires an independent repair provider or owner who believes that a manufacturer has failed to provide information or a tool required by the Article to give the manufacturer 30 days' notice and an opportunity to cure the complaint, wherein if the manufacturer cures the complaint, damages are limited to actual damages in any subsequent litigation. Authorizes bringing a civil action upon the manufacturer's failure to respond or cure the complaint to the satisfaction of the independent repair facility. Details required content of the complaint.

    Effective October 1, 2025.