The FTC has voted to ramp up enforcement of illegal repair restrictions that’ve prevented consumers from fixing their electronics without the vendor's help.
“While unlawful repair restrictions have generally not been an enforcement priority for the Commission for a number of years, the Commission has determined that it will devote more enforcement resources to combat these practices,” the FTC declared in a new policy statement.
The commission unanimously voted to adopt the new policy, which also outlines how it’ll step up enforcement. The FTC is first calling on the public to submit complaints about onerous repair restrictions that may violate federal warranty laws. If misconduct is found, the FTC will consider filing a lawsuit against the company that's restricting access.
The commission is also going to scrutinize repair practices from technology vendors for antitrust violations, or whether they’re unfair to consumers.
“For example, certain repair restrictions may constitute tying arrangements or monopolistic practices—such as refusals to deal, exclusive dealing, or exclusionary design—that violate the Sherman Act,” the FTC said. “In addition, the Commission will analyze any material claims made to purchasers and users to ascertain whether there are any prohibited deceptive acts or practices.”
The policy was adopted after the FTC’s own report published in May found “scant evidence to support manufacturers’ justifications for repair restrictions.” Instead, the restrictions can often stymie consumers and independent repair shops from fixing electronics at lower prices.
The same report also revealed the FTC had been mulling “reinvigorated regulatory” enforcement. President Biden then signed an executive order calling on the commission to crack down on the repair restrictions.
The adopted policy statement doesn’t name any companies. But both Apple and farming equipment provider John Deere are among the vendors notorious for instituting strict repair restrictions on their products. Instead, customers often have to rely on the companies' official repair services, which can be expensive.
“These types of restrictions can significantly raise costs for consumers, stifle innovation, close off business opportunity for independent repair shops, create unnecessary electronic waste, delay timely repairs, and undermine resiliency,” FTC Chair Lina Khan said on Wednesday.
“The FTC has a range of tools it can use to root out unlawful repair restrictions, and today’s policy statement would commit us to move forward on this issue with new vigor,” she added.
iFixit, which has long pushed for the right to repair, championed today's vote. "There’s a new sheriff in town," iFixit CEO Kyle Wiens said in a statement.