New York Right to Repair

In 2022, New Yorkers approved Right to Repair legislation pertaining to Digital Electronic Equipment, which took effect on December 28, 2023. This groundbreaking law mandates that manufacturers provide access to necessary documentation, parts, and tools for both consumers and independent repair facilities. It encompasses devices that were either manufactured or initially sold within the state starting from July 1, 2023.

Manufacturers of electronics and appliances sold above $10 must ensure the availability of essential repair resources — including parts, tools, and updated documentation — to product owners and independent repair services under fair and reasonable conditions.

The New York Right to Repair law excludes certain products, including motor vehicles, home appliances, medical devices, off-road equipment, farm equipment, yard or garden equipment, construction equipment, power tools, and public safety communications equipment.

3 facts on right to repair in New York

Here’s how this groundbreaking law stands to benefit consumers, the economy, and the planet:

• Consumer Empowerment: New York’s Right to Repair law is a game-changer for consumer empowerment and financial savings. By breaking down the monopolistic barriers erected by manufacturers—such as proprietary parts and software locks—this legislation enables New Yorkers to choose their repair provider or to perform repairs themselves. This newfound freedom promises significant economic benefits, notably the potential for households to save money. According to the U.S. PIRG study “Repair Saves People Big”, repair could save up to $330.23, per household.
  
  Beyond individual savings, this law fosters a competitive repair market, stimulating local economies and encouraging a sustainable culture of reuse over replacement. In essence, the Right to Repair empowers New Yorkers with the autonomy over their devices they rightfully deserve, making repairs more accessible, affordable, and beneficial for the environment.

• Repair Is Necessary and Popular: Consumer Reports reveals that an overwhelming majority of Americans (81%) have found themselves replacing items due to malfunction, and over half (53%) have done so earlier than anticipated, hindered by the difficulty in locating a satisfactory repair service. This frustration, coupled with the often prohibitive costs of repairs, has led a significant majority (84%) to endorse policies mandating manufacturers to provide access to repair manuals and parts to both independent technicians and owners alike.
  
  In New York, this sentiment resonates strongly, with U.S. PIRG reporting that 75% of New Yorkers are in favor of Right to Repair legislation. This broad-based support underscores the public's desire for more sustainable consumption options and the empowerment to choose repair over replacement, reflecting a nationwide call for change towards greater repairability and longevity of products.

• Repair Benefits the Environment: The increase of electronic waste presents a significant environmental challenge. On average, Americans replace their cell phones every 2 to 3 years and their computers every 4 to 5 years, contributing to a cycle that demands intensive rare earth mining, generates greenhouse gas emissions, and produces hazardous waste. Daily, over 400,000 cell phones are thrown away in the U.S., with around 46,000 of these in New York alone. Of these discarded devices, merely a third are recycled, with certain materials, like plastics, being non-recoverable. The remainder ends up in landfills, leaking toxic substances that pose risks to our health.

  The solution lies in repairing and extending the life of our electronics. Despite this, manufacturers continue to push for annual upgrades, often designing devices to be difficult to repair. This business model of consumption and disposal is not just unsustainable; it disregards the energy, materials, and labor invested in producing these devices. Creating a future where we prioritize repairing, salvaging, and refurbishing our electronics is crucial for environmental sustainability. Adopting a circular economy, where resources are reused and conserved, is essential. Repairing electronics is a key step towards this goal, ensuring a healthier planet by reducing waste and conserving resources.

what the law requires manufacturers to provide

What the law requires repair shops to provide

The New York Right to Repair legislation mandates specific disclosures and practices that an independent repair facility must follow to ensure transparency, protect consumer rights, and uphold privacy and security standards. Here are the key requirements:

1. Disclosure of Authorization Status: Repair shops must clearly disclose, in writing and on their website, if they are not authorized by the device manufacturer to perform repairs.

2. Warranty Guidance: Consumers should be encouraged to review the terms and conditions of any warranty for their device, as repairs not performed by an authorized repair provider may affect the warranty. A notice should also be provided informing consumer that warranties are governed under the federal Magnuson-Moss Warranty Act, which gives them certain rights and protections over conflicting provisions in the warranty.

Key Dates

Penalties and enforcement: Consequences of Non-Compliance

If manufacturers fail to supply necessary repair resources like documentation, parts, or tools to device owners or independent technicians, they may be in violation of the Right to Repair law. Additionally, manufacturers could be infringing upon the law if the provided resources come with unreasonable conditions, such as excessive costs or unreasonable delays.

New York’s Right to Repair Act allows the state Attorney General to bring civil liability actions against entities or individuals who knowingly violate the law. Each violation incurs a fine of up to $500.

If you have reason to believe a manufacturer is not adhering to the Right to Repair legislation, we urge you to file a complaint through the link below.

You can also report a violation to the Federal Trade Commission, who accepts reports of fraud, scams, and bad business practices. You may file a report form on the FTC website here: https://reportfraud.ftc.gov/#/. The FTC does not resolve individual reports, but uses reports to investigate cases.

Right to Repair RESOURCES FOR CONSUMERS

Now that Right to Repair is the law of the land in New York, consumers can take advantage of a variety of resources. We’ve compiled a few to help get you started on your repairs. Expect more to become available as the law is implemented and manufacturers come into compliance.

If you are a resident of New York, you have the right to:

1. Ask a manufacturer to provide documentation, parts, and specialty tools necessary for diagnosis, maintenance, or repair of devices sold in the State of New York on or after July 1, 2021.

   1. Documentation should be provided free of charge, except for at cost when requested in print format.

   2. Parts should be provided either directly or indirectly through an authorized repair provider or authorized third-party provider, at reasonable costs and terms which are not conditioned on or imposing a substantial obligation or restriction that is not reasonably necessary for enabling repair, and not conditioned on an arrangement as described above.

   3. Tools should be provided at no charge except for at cost when requested in physical form.

2. Decide whether you want to repair your device yourself, take it to an independent repair provider, or use a manufacturer’s authorized repair services.

3. Ask the State Attorney General to investigate the company if it fails to provide these resources by filing a complaint.

Note: Under the Right to Repair law in New York, a manufacturer must comply when:

1. The device was first sold in the state on or after July 1, 2023.

2. The. business does NOT need to be located in New York.

3. The device has an MSRP (Manufacturer’s Suggested Resale Price) of at least $10.

4. The consumer requesting the information resides in the State of New York.

5. The manufacturer has an authorized repair program or an internal program for repair or refurbishment of the device.

How to Request Right to Repair Resources from Manufacturers

• To receive repair documentation, parts, and tools for your devices from a manufacturer, you may need to make a Right to Repair resources request. But this is not a one-size-fits-all process. Every company will have different steps in place on how to go about receiving these resources.

• Here’s how the process would look for most manufacturers:

  1. Go to a manufacturer’s support website, or do a web search for [Manufacturer Name] [Device Name] + “Repair”.

     1. e.g. “Google Pixel Repair” or “Google Pixel 8 Repair”

  2. Look for the company’s service or repair options for hardware repairs.

  3. Look for information on repair documentation, guides, or other support documents.

• Some things to know:

  • You may request resources from any manufacturer of a device sold in the State of New York, generally, provided that the device was first sold in the state after July 1, 2023, has an MSRP of more than $10, and is not in an excluded industry or category of device.

  • Some manufacturers provide a form on their website to submit these requests, while others provide these resources freely without necessitating a request. However, if they do not have a clear process to make a request or to receive this information, you can contact a manufacturer directly.

  • Manufacturers may vary in their response timeline to your request, although this is not explicitly defined in the law.

  • A manufacturer may ask you for additional information to verify your request. However, they are not allowed to use that information for purposes other than verifying your request.

  • A manufacturer should respond with:

    • All relevant repair documentation for your device, and

    • Instructions to purchase or receive specific parts and specialty tools necessary for the repair, maintenance, or diagnosis.

• If a company you want to receive Right to Repair resources from doesn’t provide clear instructions or you’d rather send an email, you can use the following email template when requesting repair resources.

How to have a repair performed?

• DIY Repair: Repairing our stuff benefits the environment, the planet, and the local economy. It also benefits you personally! When you repair a device, you build confidence, learn patience, and develop a skillset that will help you repair more devices. Think of DIY repair as a learning opportunity. Practice makes perfect, and practicing repairs teaches design, engineering, and how stuff works.

  Companies like iFixit offer free DIY repair manuals for tens of thousands of products. Manufacturers like Framework, Fairphone, Motorola, and HMD have also started to make DIY repair a core part of their product support.

• Finding a Local Repair Shop: Repair jobs are local jobs, and thousands of locally owned and operated small and medium repair businesses have popped up in the last few years. Choosing a local repair business supports your local economy, and can save you money. Repair shops often are able to charge less than an authorized repair center through a manufacturer and they can fix what authorized repair can’t or won’t. To find a local repair shop, use a local business directory in your community.

Right to Repair RESOURCES FOR MANUFACTURERS

Under the Right to Repair law, manufacturers are obligated to facilitate repairs. While this might appear overwhelming for some businesses, achieving compliance is straightforward. Manufacturers can readily extend the capabilities they offer to authorized repair centers. In cases where a manufacturer lacks a service center, several alternatives are available.

Build It From Scratch

Companies such as Fairphone and Framework have designed their products prioritizing ease of part replacement, making them naturally compliant with repair regulations. This approach is particularly feasible for new enterprises. Yet, for established corporations, initiating a repair-friendly platform can present challenges. The shift requires a cultural transformation towards openness and away from tight control, along with overcoming logistical and data management hurdles.

Use a third-party network

Apple's choice to partner with a third-party service for its Self Service Repair program illustrates another pathway, even if it deviates from the usual Apple finesse. Similarly, Samsung's collaboration with local repair services like uBreakiFix shows how outsourcing can effectively meet repair requirements—providing parts, tools, and guides without significant complications.

Create a Repair Ecosystem

For manufacturers interested in exploring how to build or enhance a repair ecosystem, further resources and guidance are available. iFixit, a leader in the repair community, offers a comprehensive suite of services tailored to support manufacturers at every step of the process. From repairability assessments to technical documentation and parts distribution, iFixit's expertise can help manufacturers navigate the complexities of creating products that are both durable and repairable.

Learn more about iFixit's offerings and how they can assist your company in developing a robust repair ecosystem by visiting iFixit's website.

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