The Federal Trade Commission recently shed light on its commitment to preventing unlawful repair restrictions on consumers during a hearing with the House Energy and Commerce Subcommittee on Consumer Protection and Commerce.
According to an April 18 FTC news release, the testimony covered a wide range of topics, including antitrust enforcement, data privacy and the need to promote competition in the market for repair services.
“Protecting people's right to repair is an @FTC priority,” FTC Chairwoman Lina Khan wrote in a April 13 Twitter post. “In addition to filing lawsuits to halt illegal repair restrictions, we're working with states. This week our staff testified before the California Senate as lawmakers consider a right to repair bill.”
In May 2021, the FTC submitted a report to Congress titled "Nixing the Fix," which found "scant evidence" to support manufacturers' justifications for repair restrictions,
Following the report, the FTC took action against grill maker Weber-Stephen Products LLC, motorcycle manufacturer Harley-Davidson Motor Company Group LLC and MWE Investments LLC, which manufactures Westinghouse outdoor power equipment, for imposing unlawful repair restrictions on consumers, according to an April 18 FTC statement during the hearing.
The FTC also sought public comment on whether to update its Energy Labeling Rule to require manufacturers to provide consumers with repair instructions, the statement said.
The report found approximately 80% of U.S. adults believe manufacturers should make it easier for consumers to repair their own products. The report also found small businesses are particularly affected by repair restrictions, with 50% of small businesses surveyed reporting experiencing harm from such restrictions.
Small businesses are often reliant on being able to repair and maintain their own equipment in order to stay competitive, and repair restrictions can make it difficult or impossible for them to do so, the report said.
“To address unlawful repair restrictions, the FTC will purse appropriate law enforcement and regulatory options, as well as consumer education, consistent with our statutory authority,” the FTC said in the report. “The Commission also stands ready to work with legislators, either at the state or federal level, in order to ensure that consumers have choices when they need to repair products that they purchase and own.”
