A Manufacturer’s Guide to Right to Repair Compliance
Overview: The New Reality of Repair
With Right to Repair laws now active in states representing over a third of the U.S. market, non-compliance is no longer a viable option. For manufacturers, this shift presents a critical choice: treat repair as a burdensome legal obligation or embrace it as a strategic opportunity to build customer loyalty, open new revenue streams, and enhance brand reputation. This guide provides a clear roadmap for navigating the new legal landscape.
The Legal Foundation of Right to Repair
Resistance to Right to Repair statutes has often been based on flawed legal arguments that have consistently proven ineffective. The legal framework supporting repair is built on long-standing principles:
Basic Ownership Law (the First Sale Doctrine): Many manufacturers have attempted to maintain control over products post-sale through End-User License Agreements (EULAs). However, legal precedent is clear: the transfer of ownership is complete at the point of sale. The new owner assumes responsibility for the product’s safety, security, and privacy. The manufacturer’s control ends.
Antitrust Law: It is illegal for a manufacturer to “tie” the use of a product to the mandatory purchase of another product or service–such as forcing customers to use only the OEM’s repair services. While antitrust actions are typically reactive, they affirm that tactics of monopolizing repair are unlawful.
The Commerce Clause: The U.S. Constitution grants states the authority to regulate business practices within their borders. States can (and now do) require repair-friendly policies as a condition of doing business. Successful companies have already concluded that enabling repair is preferable to losing market access.
Core Compliance Requirements
The core tenets of Right to Repair legislation are consistent across states. Here’s what manufacturers are required to do.
Sell Service Parts on Fair and Reasonable Terms — OEMs must sell any part used in their own repair operations to owners and independent repair providers on fair and reasonable terms.
Rationale: The law ensures a competitive market for parts. While OEMs are not required to manufacture new parts indefinitely, they must not prevent the use of used, refurbished, or third-party parts.
Pricing: The term "Fair and Reasonable" is often defined by existing state statutes, empowering Attorneys General to investigate complaints of price gouging.
Parts Pairing: The practice of using software to block the function of a replacement part by preventing it from "pairing" with the main device is now explicitly banned in multiple states when it's used to prevent a repair.
Provide Repair Documentation and Schematics at No Charge — The same repair documentation—manuals, diagrams, and schematics—provided to authorized repair networks must be made available to product owners and independent shops free of charge.
Rationale: Access to accurate, OEM-provided information is critical for safe and effective repair. Arguments that independent documentation already exists are moot; the goal is to share the most up-to-date and official procedures.
No New Formats: Manufacturers are not required to create new documentation. OEMs must simply provide what they already use, scrubbed of any genuine trade secrets.
Schematics: Board-level schematics are required. These diagrams show the location of components and can be recreated by visual inspection; they do not reveal trade secrets.
Sell Tools and Provide Diagnostic — Any proprietary physical or software tools used for repair must be made available.
Physical Tools: If a repair requires a proprietary tool, that tool must be sold on fair and reasonable terms. Commonly available tools need not be provided by the manufacturer.
Software Diagnostic Tools: Diagnostic software must be provided to owners and repair providers at no additional charge. These tools are considered part of the original product purchase, and distributing them digitally carries no cost.
Provide Firmware at No Additional Charge — OEMs must provide access to all firmware necessary for restoring a product's function, including any patches or fixes.
Rationale: Firmware is essential code that allows components to work together. A part is useless without it. As it has no value separate from the product, it must be provided at no cost to enable a repair. This is consistent with U.S. Copyright Law, which already allows for the backup and restoration of copyrighted material.
Common Questions and Misconceptions
How do I protect my trade secrets and cybersecurity? You don't put them in repair manuals. Trade secrets, by legal definition, lose their protected status if they are distributed. The same logic applies to cybersecurity backdoors. Repair documentation should be scrubbed of this information before being shared with anyone, including your own technicians.
Do these laws dictate how I design my products? No. Right to Repair laws do not impose design requirements. You can make products in any form you choose.
Can I require a serial number or proof of purchase to provide a part? No. An out-of-warranty parts sale is a standard transaction. No special qualifications are needed to buy a part.
Can I restrict bulk purchases of parts? No, but you can offer volume-based pricing, provided the terms are fair and reasonable for all buyers.
What about my brand image? Won't bad repairs tarnish it? Once a product is sold, its handling is out of your control. By offering your own repair services and enabling a competitive market, you allow consumers to decide who provides the best value and quality.
Can I just provide a replacement product instead of repair materials? It depends on the state, but you should not rely on this. New York, Minnesota, Oregon, and Colorado do not permit this. Template legislation moving forward requires customer approval for a replacement, so you must be prepared to provide parts and information.
What if I don't sell products, but rent or lease them? These laws apply to products that are sold. If you retain ownership, you control the repair process. However, if you sell products to a separate rental entity, that company becomes the legal owner with full rights to repair its own assets.
A Note on Exclusions
Some early laws included exclusions for specific industries (e.g., agriculture, medical devices) or product categories to appease lobbyists. These exclusions are inconsistent from state to state and are unlikely to hold up long-term. The fundamental principle—that owners have the right to repair the things they own—applies universally. We strongly recommend that all OEMs plan for comprehensive compliance across all product lines to ensure their ability to sell in all 50 states.
Conclusion
Ultimately, the transition to a repairable ecosystem is an opportunity to strengthen your relationship with customers. By providing parts, tools, and documentation, you empower your users, foster brand loyalty that lasts long after the warranty expires, and position your company as a leader in sustainability and customer satisfaction. Proactive compliance is not just about following the law—it's about building a more resilient and respected brand for the future.
As you move from strategy to execution, we have two key resources to help. For high-level questions about legislation or advocacy, please contact the Digital Right to Repair Coalition. For a detailed dive into the technical requirements and answers to the tough compliance questions your teams will face, our partners at iFixit have prepared an essential guide.