Massachusetts Legislature Keeps Right to Repair Legislation Moving Forward; Consumer Auto Repair Bill Advances Beyond Any Other State or Federal Effort

BOSTON, Aug. 1, 2008 -- Massachusetts is proving to be a very receptive state for landmark legislation that would protect consumers' right to choose where they have their cars repaired. The legislation (H4892) would require car manufacturers to provide independent repair shops equal access to the same diagnostic repair information and tools they provide for their dealer mechanics.

Over the course of the session, the legislation advanced further in Massachusetts than it has in any other state or in Congress where it has been pending. Against a coordinated assault by major car manufacturers to kill the Right to Repair legislation outright, the pro-consumer rights bill was reported out favorably from the Consumer Protection and Professional Licensure Committee and made it to the House floor this week. While the formal session ended yesterday, the bill remains active on the House calendar.

"When we began this process last year, even our own members thought taking on car manufacturers was daunting," said Stan Morin, a local repairer who is also chairman of the Massachusetts Right to Repair Committee. "But they came to understand this is an issue of survival for them and for their customers. When the manufacturers fail to provide us equal access to that information, the consumers are directly and negatively impacted."

Independent repairers took their case directly to the Statehouse this past spring as they rallied in support of the legislation and then met with their individual legislators. Under Morin's leadership, many of those same mechanics and shop owners returned repeatedly to visit lawmakers personally. The repairers' grassroots effort has also produced more than 1,000 emails and over 600 letters to legislators directly asking for their support.

Independent repair shop owner Bill Cahill, owner of BC Auto in Randolph, said the momentum in favor of the bill has been gratifying for repairers. "There is tremendous support for this bill among legislators," said Cahill. "I was in dozens of meetings with representatives from all corners of the state and I can tell you that they understand that this is a consumer issue first, and then an economic issue about jobs in this economy."

As the Legislature moves into its summer recess, Morin and Cahill said that the independent repairers will continue to build support for the legislation among legislators and consumers. Part of that effort will require debunking claims being made by manufacturers that the legislation amounts to an effort to obtain proprietary parts information from manufacturers. "The car manufacturers know better, but they don't have any other defense for their opposition because this is a pro-consumer bill," said Morin. "What else would they say? That they are anti-consumer?"

The independent auto repairers are seeking passage of this legislation to ensure that they will have fair and equal access to necessary repair information, which is increasingly difficult to obtain from car manufacturers. For the independents, this issue is not only about fairness and equity, but it is also about their customers' right to choose where to have their cars repaired.

While being considered by the Legislature, the bill has enjoyed increasing legislative and public support and has garnered universally favorable media attention. As The Boston Herald wrote in its May 22 editorial endorsing the Right to Repair bill, "there is much credible evidence that automakers and importers are holding back data." When manufacturers hold back data, they not only deny independent repairers the necessary tools and information to fix your car, but they also deny you the right to have your car fixed where you want.

The issue also got some unexpected support in the May issue of Consumer Reports. The consumer magazine reported its findings of a study among customers who were asked to give their opinion about where they prefer to have their cars repaired. By a wide margin, the magazine reported, consumers prefer independent repair shops where they feel they are more likely to get better service at a better price and with more reliability and convenience.

Consumer Reports found that more Americans (71 percent) reported they were "very satisfied" with independent repair shops for vehicle service. This is in comparison to new car dealer shops where a mere majority reported (53 percent) satisfaction. As evidenced by this study, millions of car owners trust the independent repair shops to provide affordable and competitive automotive repair service.

Morin called the practice of selectively releasing repair codes and information as "tantamount to a restriction of free trade" and said that legislators understand quickly how this hurts consumers. "The tide is turning on this issue nationally," said Morin. "But we think that tide will turn first here in Massachusetts."

About Right to Repair:

The Right to Repair Act would require car companies to make the same service information and tools capabilities available to independent repair shops that they provide their to their franchised dealer networks. The legislation further provides car companies with strong protections for their trade secrets unless that information is provided to the franchised new car dealers.