December 20, 2024

Warren, Hawley, Merkley Push Automakers on Their Opposition to Car Owners’ Right to Repair Their Own Vehicles

Bipartisan Letter Criticizes Auto Industry Fearmongering

“The industry has raised concerns about data sharing with independent repair shops to justify opposing right-to-repair, while earning profits from sharing large amounts of personal data with insurance companies.”

Text of Letter (PDF)

Washington, D.C. – U.S. Senators Elizabeth Warren (D-Mass.), Josh Hawley (R-Mo.), and Jeff Merkley (D-Ore.) wrote to the leaders of each of the top 10 U.S. automakers with concerns about the companies’ fierce opposition to car owners’ right to repair the vehicles they own in the way they choose. The letters were sent to General Motors, Toyota, Ford, Hyundai Group, Stellantis, Honda, Nissan, Tesla, Subaru, and Volkswagen. 

The letters denounce automakers’ actions to prevent vehicle owners from taking their vehicle to the mechanic of their choice by blocking vehicle owners’ ability to access or share information necessary for repair, like diagnostic data. These repair restrictions are an example of companies’ opposition to “right-to-repair,” which refers to a person’s ability to choose where they repair the products they own, including vehicles, consumer electronics, household appliances, agricultural equipment, and other goods. Without restrictions on right-to-repair, a vehicle owner can go to a local mechanic of their choice and is not forced to go to the manufacturer or car dealer for maintenance and repair of their vehicle. 

By restricting right-to-repair, equipment manufacturers like car companies can create a monopoly on vehicle repairs, allowing them to raise prices. Customers consistently rate independent repair shops better on price (as well as overall satisfaction) than dealerships, which nearly all receive the worst possible ratings from car owners on price. Right-to-repair is also crucial for local economies, with more than half of independent repair shops reporting difficulty in making repairs on a daily or weekly basis because of auto manufacturers’ repair restrictions.

“As the gatekeepers of vehicle parts, equipment, and data, automobile manufacturers have the power to place restrictions on the necessary tools and information for repairs, particularly as cars increasingly incorporate electronic components,” wrote the senators. “This often leaves car owners with no other option than to have their vehicles serviced by official dealerships, entrenching auto manufacturers’ dominance and eliminating competition from independent repair shops.”

Now, auto manufacturers are trying to claim that they restrict independent repairs as a matter of cybersecurity. However, according to a study by the FTC, as well as analysis from cybersecurity experts, these concerns have no legitimacy. Rather, experts have found that cyberattacks on connected devices are due to “the poor quality of deployed software and the poor state of device security – not the availability of diagnostic and repair tools and information.”

“Car manufacturers should not hide behind a false dichotomy of cybersecurity and consumer choice in order to avoid their legal obligations to facilitate independent vehicle repair,” wrote the lawmakers. “Cybersecurity experts have forcefully pushed against manufacturers’ fearmongering.”

The lawmakers note that the automakers’ cited concern with sharing data with independent repair shops to facilitate repairs appears to conflict with their practice of selling large amounts of sensitive consumer data with insurance companies and other third parties — often without clear consumer consent.

“The industry has raised concerns about data sharing with independent repair shops to justify opposing right-to-repair, while earning profits from sharing large amounts of personal data with insurance companies,” wrote the lawmakers. “It is clear that the motivation behind automotive companies’ avoidance of complying with right-to-repair laws is not due to a concern for consumer security or privacy, but instead a hypocritical, profit-driven reaction. This kind of anti-consumer, anti-repair practice must come to an end in all industries.”

The lawmakers are urging the car companies to comply with all right-to-repair laws while protecting consumer privacy interests and are requesting information from the companies regarding their data sharing practices.

Senator Warren has repeatedly sought to bolster competition and fight back against costly restrictions on repairs for cars, military equipment, agricultural equipment, and other goods: 

  • In December 2024, Senator Elizabeth Warren and Representative arie Gluesenkamp Perez (D-Wash.) introduced the Servicemember Right-to-Repair Act to increase military readiness and cut costs by allowing servicemembers to repair their own equipment, including in austere environments.
  • In October 2024, Senator Elizabeth Warren wrote to Deere & Company (John Deere), accusing the company of undermining its own “right-to-repair” agreements and evading its responsibilities under the Clean Air Act by failing to grant its customers the right to repair their own agricultural equipment. 
  • In September 2024, Senator Elizabeth Warren sent two letters denouncing the costly restrictions imposed by Pentagon contractors on the Department of Defense (DoD) that bar the military from repairing its own military equipment and instead force it to pay billions of dollars extra to contractors.
  • In July 2024, Senator Elizabeth Warren included a provision in the Senate Fiscal Year 2025 NDAA that would require Pentagon contractors to provide DoD with “fair and reasonable” access to repair materials.
  • In August 2023, Senator Elizabeth Warren and Ed Markey (D-Mass.), celebrated the U.S. Department of Transportation’s National Highway Traffic Safety Administration reversing course and allowing enforcement of Massachusetts’ pro-consumer Right to Repair law. 
  • In June 2023, Senator Elizabeth Warren and Ed Markey (D-Mass.) called on the National Highway Traffic Safety Administration to reverse its course after it sent a recent letter to auto manufacturers, advising them not to comply with Massachusetts’ Right to Repair law. 

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