Fair Repair Act
- Bill Number
- H.R. 7404
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2026-02-05: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-04-14T08:05:47Z
AI-Generated Summary
Purpose
The Fair Repair Act (H.R. 7404) aims to promote the "right to repair" for digital electronic equipment by requiring original equipment manufacturers (OEMs)—companies that make or supply such devices—to share necessary repair resources with independent repair shops and device owners. This ensures fair access to repairs, reducing barriers created by manufacturers and encouraging competition in the repair market.
Key Provisions
- Access to Repair Resources (Section 2): OEMs must provide documentation (e.g., manuals, schematics, codes), parts, and tools—including updates—for diagnosing, maintaining, or repairing digital electronic equipment. These must be available to independent repair providers and owners on "fair and reasonable terms," meaning costs and conditions similar to those offered to the OEM's own authorized repair shops.
- Prohibitions on Anti-Repair Practices (Section 2(b)): OEMs cannot use "parts pairing" (software that links parts via unique identifiers) or other methods to:
- Block installation or function of compatible non-OEM parts.
- Reduce device performance after independent repairs.
- Generate misleading warnings about repairs.
- Impose extra fees for future services or restrict who can buy parts or repair devices.
- Enforcement Mechanisms (Section 3):
- The Federal Trade Commission (FTC) treats violations as unfair or deceptive practices under existing consumer protection laws, with full enforcement powers including fines and regulations.
- State attorneys general can sue violators in federal or state courts for injunctions (court orders to stop violations), penalties, and compensation for affected residents, with FTC oversight to avoid overlapping cases.
- Rules and Exceptions (Section 4):
- For devices with security features (e.g., locks), OEMs must provide tools to temporarily disable and reset them during repairs.
- Protects trade secrets (confidential business information) from disclosure unless needed for repairs.
- Does not interfere with OEM contracts with authorized repair shops, but voids any contract terms that try to bypass the Act's requirements.
- Excludes motor vehicles, medical devices (e.g., FDA-regulated health equipment), off-road vehicles (e.g., motorcycles, boats), and safety communications gear (e.g., police radios).
- Liability Protections (Section 5): OEMs and their authorized shops are not responsible for damages, data loss, or reduced functionality from independent repairs using provided resources. OEMs also do not need to warranty independent work or cover data privacy issues from such repairs.
- Definitions (Section 6): Key terms include "digital electronic equipment" (any product relying on embedded digital tech, like smartphones or laptops), "independent repair provider" (non-affiliated repair shops), "authorized repair provider" (OEM-contracted shops), and "fair and reasonable terms" (non-discriminatory pricing and access).
- Effective Date (Section 7): Takes effect 60 days after enactment, applying to all equipment sold or in use afterward.
Significant Changes to Existing Law
This bill creates new federal mandates not previously in place for most digital electronics, building on the FTC Act's framework for unfair practices but specifically targeting repair restrictions. It expands beyond state-level "right to repair" laws (e.g., in electronics or appliances) by enforcing uniform national standards, while carving out exemptions to avoid conflicting with sector-specific laws like those for vehicles (under the National Highway Traffic Safety Administration) or medical devices (under the FDA). It introduces prohibitions on parts pairing, a growing tech practice not directly regulated before at the federal level.
Potential Impacts
- On Citizens: Owners of digital devices (e.g., phones, computers, appliances) gain easier access to affordable, local repairs, potentially extending device lifespans, lowering costs, and reducing electronic waste. However, liability limits mean users bear risks for independent repairs.
- On Government Agencies: The FTC gains expanded enforcement tools and rulemaking authority, possibly leading to new regulations on repair practices. State attorneys general get additional federal claims to pursue alongside state laws, streamlining consumer protection efforts without creating new agencies.
- On International Relations: No direct impacts; the bill focuses on U.S.-based manufacturers and sales, though it could influence global supply chains for multinational OEMs.
Main Stakeholders Affected
- Original Equipment Manufacturers (OEMs): Required to share resources and stop anti-repair tactics, potentially increasing competition but protecting their trade secrets and liability.
- Independent Repair Providers: Benefit from equal access to parts and tools, enabling more business opportunities without affiliation to OEMs.
- Device Owners: Empowered to repair or choose independent services, but must navigate self-repair risks.
- Authorized Repair Providers: Unaffected in their OEM contracts, but face indirect competition from independents.
- Exempted Groups: Auto makers, medical device companies, and safety equipment producers remain under existing sector rules.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens FTC consumer protection by classifying repair barriers as deceptive acts, allowing civil penalties (up to $50,120 per violation under FTC rules) and enabling coordinated federal-state enforcement. It balances innovation (via trade secret protections) with competition, without superseding other laws.
- Constitutional: No major issues; aligns with Commerce Clause authority over interstate trade and does not infringe on free speech or property rights, as it targets business practices rather than content.
- Political: Advances consumer advocacy for repair rights amid debates over corporate control of tech, but exemptions reflect compromises with industry lobbies (e.g., auto, health sectors) to ensure passage. Could spark further legislation if challenges arise from OEMs on implementation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Morelle, Joseph D. [D-NY-25]
Cosponsors (2)
Rep. Perez, Marie Gluesenkamp [D-WA-3], Rep. McGovern, James P. [D-MA-2]
Recent Actions
- 2026-02-05: Referred to the House Committee on Energy and Commerce.
- 2026-02-05: Introduced in House
- 2026-02-05: Introduced in House
Bill Versions
- Fair Repair Act — issued 2026-02-05 — PDF (15 pages)