REPAIR Act

The REPAIR Act ensures that consumers have access to their motor vehicle's data, repair information, and tools, allowing them to choose where and how to service their vehicles. Sec. 2, Maintaining competition and data privacy after consumers purchase motor vehicles: Motor vehicle manufacturers cannot use technological or legal barriers to block vehicle owners, repair facilities, or parts makers from accessing vehicle-generated data, critical repair information, and tools. Manufacturers must provide owners and their designees with data through ports or wireless systems, and give repair information and tools on the same terms as they give to dealers. Manufacturers cannot mandate specific brands for repairs, and must include a notice if they recommend a brand. Owners can designate multiple designees, and those receiving data must delete it within 72 hours of the owner's request, use it only for repair-related purposes, and not sell it without consent, with an exception for de-identified research and development. Sec. 3, Fair Competition After Vehicles Are Sold Advisory Committee: Within 90 days, the Federal Trade Commission (FTC) must create an advisory committee with members from the FTC, National Highway Traffic Safety Administration (NHTSA), and 11 industry and consumer representatives. The committee will recommend how to implement the Act, address competition issues in vehicle repair, and ensure owner control over data. It must meet at least three times a year, issue annual reports to the FTC, and terminate by majority vote. Sec. 4, Rulemaking: Within 180 days, NHTSA, consulting the FTC, must create regulations requiring manufacturers and dealers to inform vehicle owners of their rights under this Act at the point of purchase. Sec. 5, Enforcement by Federal Trade Commission: Violations of the Act are treated as unfair or deceptive acts under the FTC Act. The FTC enforces the Act, and any person can file a complaint. The FTC must forward complaints, request a response, and investigate if not resolved. The FTC must issue an order within 5 months, which can be appealed to the U.S. District Court for the District of Columbia. Sec. 6, Definitions: Defines key terms like aftermarket part, automated driving system, barrier, critical repair information and tools, motor vehicle, motor vehicle owner, telematics system, and vehicle-generated data, among others. Sec. 7, Report to Congress: Every two years starting two years after enactment, the FTC must report to Congress on investigations, actions to adapt to technology changes, and recommendations for legislation to protect competition and consumer data control. Sec. 8, Relationship to state laws: States cannot maintain or enforce any law that is covered by this Act or its regulations. Sec. 9, Severability: If any part of the Act is invalidated, the rest remains in effect.