Bill
S 3062
Massachusetts would require manufacturers to provide owners and independent repair providers access to documentation, parts, and tools on fair terms to enable diagnosis, maintenanc
Jurisdiction: Massachusetts | Session: 194th General Court (2025-2026) | Introduced: 2026 | Status: Reported favorably by Senate Committee on April 23, 2026; referred to Ways and Means
Purpose and Intent
- Establish a statutory framework to promote a “digital right to repair” for consumer electronic devices.
- Require manufacturers to provide owners and independent repair providers with access to documentation, parts, and tools on fair and reasonable terms, enabling diagnosis, maintenance, and repair.
- Reduce repair barriers created by proprietary information and restrictive service practices, while balancing protections for trade secrets and certain exemptions.
Key Provisions and Changes
1) Definitions (Chapter 93M added: Consumer Electronic Devices)
- Authorized Repair Provider: An unaffiliated entity licensed by the manufacturer to diagnose, maintain, or repair devices under the manufacturer’s name, or an arrangement enabling the provider to offer such services on behalf of the manufacturer.
- Consumer Electronic Device: A product with embedded digital electronics that is tangible personal property, used for personal/family/household purposes, sold/used in MA for 180+ days after manufacture and sale, and potentially installable in real property.
- Documentation: Manuals, diagrams, service codes, schematics, security codes/passwords, and other information used for repair services.
- Fair and Reasonable Terms: Terms and costs for parts, tools, documentation that align with the most favorable terms the manufacturer offers to authorized repair providers, including updates and delivery convenience; no-charge for certain documentation updates unless printed form incurs actual costs.
- Independent Repair Provider: A MA-based provider not affiliated with the manufacturer or its authorized providers.
- Manufacturer: The company selling or supplying devices or parts.
- Owner: A person or business lawfully obtaining a portable wireless device in MA.
- Part, Tool, Trade Secret, Video Game Console: Key concepts defined for scope and mechanics of repair.
2) Access to Documentation, Parts, and Tools
- Manufacturers must make available to owners and independent repair providers, on fair and reasonable terms, documentation, parts, and tools (including updates) for diagnosis, maintenance, or repair.
- A manufacturer is not required to supply a part that is no longer available to the manufacturer.
3) Standardized vs. Proprietary Information
- If a manufacturer provides diagnostic/repair information in a standardized format to third parties at more favorable terms, they cannot require authorized repair providers to continue using a proprietary format unless the proprietary format includes information or functionality not available in the standardized format.
4) Trade Secrets and Non-Diagnostic Information
- The chapter does not compel disclosure of trade secrets beyond what is necessary to provide documentation, parts, and tools on fair terms.
- Non-diagnostic and non-repair information provided under an authorizing agreement is not mandated to be shared with owners or independent repair providers.
5) Exclusions and Limitations (Section 8)
- Numerous exemptions apply, including:
- Vehicles and motor vehicle equipment.
- Power generation/storage equipment and related infrastructure.
- Products never offered for retail sale, certain solar/storage devices, and interconnected energy storage equipment.
- Utility, farm, construction, and related equipment; certain tools and parts for those categories.
- Video game consoles and certain devices; but subject to other carve-outs.
- Set-top boxes, routers, and devices provided by service providers if replacement equipment is readily available at no charge.
- Fire alarm/intrusion detection systems, life safety, public safety communications equipment.
- FDA-approved devices.
- Off-road equipment and other specialized hardware.
6) Enforcement and Remedies
- Independent repair providers or owners can notify manufacturers of failures to provide required documentation/parts/tools, with a 30-day cure period.
- If cured, damages are limited to actual damages in subsequent litigation.
- If not cured, or if unsatisfied, complainants may file in superior court with documentation of attempts to resolve via standard manufacturer support.
7) Legal Standards and Effective Date
- Violations are treated as unfair methods of competition and as unfair or deceptive acts or practices under Massachusetts’ consumer protection laws (Chapter 93A).
- Applies to equipment sold or in use on or after the act’s effective date.
- Effective date: January 1, 2027.
Exemptions and Special Provisions
- Some categories are expressly exempt from the bill’s requirements (e.g., certain vehicles, utility-scale equipment, specific safety and security devices, and FDA-regulated devices).
- Provisions do not force disclosure of non-diagnostic information or data outside the scope required for repair.
- Federal law takes precedence if a conflict arises.
Impact and Stakeholders
Notes
- The bill uses precise definitions to delineate scope (types of devices, parts, tools, and repair providers).
- Several exemptions reflect practical considerations across vehicle, energy, safety, and regulated sectors.
If you’d like, I can provide a side-by-side comparison with existing Massachusetts law (chapter 93L) and a timeline highlighting key milestones from enactment to full implementation.
Compiled from official sources — confirm details with the bill’s official record.
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