NY Senate OKs Digital Fair Repair Act

June 14, 2021 by Paul Gluckman|Right to Repair

Right-to-repair advocates called New York Senate passage Thursday of the Digital Fair Repair Act (S-4104) the first measure dedicated to consumer tech repair to clear any state's chamber. Though a matching Assembly bill failed to clear committee on the last day of the legislature’s 2021 session, the Senate's 51-12 bipartisan OK “speaks to the support right to repair gets when it receives a fair vote, against tech lobbyists’ wishes,” emailed Kerry Sheehan, iFixit U.S. policy lead. S-4104 would prohibit consumer tech OEMs from withholding diagnostics and other repair materials from consumers or service shops. Last month’s FTC report saying OEM restrictions on independent third-party repairs harmed consumer protections in the 1975 Magnuson-Moss Warranty Act (see 2105070013) “is a huge help across the board in helping lawmakers understand how baseless opposition arguments against right to repair really are,” Sheehan told us. “We'll continue to see it as an extremely useful resource for educating lawmakers.” Advocates are unfazed by a matching Assembly bill's failure to clear committee, she said: “Some opposition lobbyists were able to convince Assembly leadership not to bring the bill forward for a floor vote this year." Backers in the Assembly have "a dedicated bill sponsor" in Patricia Fahy (D), "who is committed to moving right to repair forward,” said Sheehan. Right to repair was one of Fahy's top priorities for the end of the legislative session, emailed a spokesperson Friday. Fahy's office hosted two town halls and "created a coalition bigger than any existing one," including 30 Assembly co-sponsors, he said. "We are extremely frustrated with the lack of movement we’ve received based on the support and work put into it." The tech industry "will likely be back bigger and stronger next year" to oppose a measure in the Assembly, "so we’re already planning how to keep the issue alive in the off-session and build even more momentum surrounding it next session," he said. CTA didn't comment.