Right to Repair advocates have sent more 114,000 letters petitioning Congress to enact measures to protect consumer rights in regards to where they get their vehicles repaired, according to the Auto Care Association (ACA).
"As we reach this incredible milestone, it’s clear that the issue of Right to Repair resonates deeply with Americans across the country," said Bill Hanvey, ACA president and CEO. "This is not just about fixing cars; it's about protecting consumer rights, preserving competition, and ensuring that the auto care industry remains a vibrant, competitive marketplace."
The big issue is around who has access to manufacturer data and affects the consumer and commercial sectors. Currently, OEM dealers and large third-party repair partners have more access to this data via subscriptions to OEM diagnostic and repair software —needed to diagnose various issues and diagnostic troubles codes—while smaller shops are limited due to costs. It’s a losing proposition for a mom-and-pop to pay for monthly access to Hyundai, Isuzu, or Volvo software if they only see a few of those makes per month.
The ACA has an online form for shop owners and technicians to share specific instances where restriction of vehicle data (from either the OBD-II port or telematics), or repair information, has impacted their ability to conduct business. This may range from the OEM software license or tool being too expensive, or if an all-makes scan tool can’t replace a dealer tool.
Some in Congress have been working on legislation to open the market up, with the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act (H.R. 906) introduced in February 2023 by Rep. Neal Dunn (FL-2). The bill currently has 56 co-sponsors, including both Republicans and Democrats.
This bill calls for “motor vehicle manufacturers to provide to a vehicle's owner certain direct, real-time, in-vehicle data generated by the operation of the vehicle that is related to diagnostics, repair, service, wear, and calibration or recalibration of parts and systems of the vehicle.”
Read more: The fight for and against Right to Repair
Furthermore, the REPAIR Act would have the National Highway Traffic Safety Administration issues standards around how the data is accessed from the vehicle, and the Federal Trade Commission would assess barriers to giving customers access to their vehicle-generated data.
“Without change, local repair shops will be forced to turn away more and more business, leaving car owners with no choice but to foot outsized bills at the dealership,” Hanvey stated earlier in the year. “The REPAIR Act is critically needed to protect America’s vibrant network of local, independent repair shops that offer trusted service, convenience, and choice to millions of American drivers during the car repair process.”
The last action taken was nearly a year ago, Nov. 2, when the bill was moved (by unanimous vote) from the House Energy and Commerce Subcommittee on Innovation, Data, and Commerce to full committee.
A survey done earlier this year on behalf of the ACA found 84% of independent repair shops view the main issues Right to Repair addresses—access to vehicle repair and maintenance data—and their top business issue, with nearly two-thirds saying at least once a week it makes a repair more difficult. And just over half send up to five vehicles to dealers for repairs they cannot make due to data restrictions.
Opposition to R2R
No matter how many indie shops oppose data gatekeeping, the OEMs are unlikely to easily cede their monopoly on vehicle and repair data. Unfortunately, they are not as forthcoming with responses to Right to Repair questions as they are about how, for example, their new hood is 1% more aerodynamic than the one made four years ago.
When asked last year for comment, only Navistar responded, stating the company “values its customers and customer choice. However, security of customer data is a critical safety issue, and Navistar opposes any legislation that could put customer safety at risk.”
Robert O’Brien, former U.S. national security advisor under Donald Trump from 2019-2021, not only thinks allowing customers access to their data is a risk, but a clear and present danger due to the possibility China and Iran could hack the nation’s vehicles.
In a March 2024 op-ed for The Hill, the former NSA head wrote this on Right to Repair legislation being passed:
What could go wrong? Imagine a scenario where every car on the interstate suddenly malfunctions — the brakes stop working, steering is unresponsive and the driver no longer controls the acceleration or direction of the car. Panic ensues, essential services are crippled and every modern car in America is turned into a weapon to be used against its people.
To be fair, O’Brien admitted a similar scene was in a movie he saw on Netflix, though he noted “this dystopian vision isn’t science fiction; it’s the true potential of what right to repair might mean for state and non-state actors who are constantly probing for weaknesses.”
He also theorized that the REPAIR Act would wreak havoc on U.S. intellectual property, saying it “could even eliminate design patents, creating a secondary aftermarket rife with low-quality parts built in China and sold in the U.S., further benefiting a geopolitical adversary and endangering the American public."
O'Brien has served as the chairman of the Global Taiwan Institute Task Force on US-Taiwan Relations.
