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ARTICLE · 12 MAY 2021

FTC And Right To Repair

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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Companies watching the "right to repair" legislation proposed in some states should not lose sight of the federal landscape. Last week the FTC released a bipartisan report concluding that there is...

United StatesConsumer Protection

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Companies watching the "right to repair" legislation proposed in some states should not lose sight of the federal landscape. Last week the FTC released a bipartisan report concluding that there is "scant evidence to support manufacturers' justifications for repair restrictions." This will likely add momentum to groups pushing for legislation requiring companies, particularly electronics manufacturers, to create products that people can fix without extra costs or having to purchase special tools.

The report responds to a Congressional directive to report on anticompetitive practices related to repair markets. It reflects information provided in connection with a 2019 FTC workshop on repair restrictions,  empirical data, public responses, and independent research. In the report the FTC states that, as many consumer products have become harder to fix and maintain with repairs requiring specialized tools and other generally inaccessible materials such as proprietary

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