New York Attorney General Letitia James is reminding New Yorkers that the New York State Digital Fair Repair Act recently went into effect statewide, making repairs of cell phones, tablets, and other electronics simpler and more affordable. The law makes it easier to get electronics repaired at independent shops or do repairs at home by requiring manufacturers doing business in New York to make certain documents, tools, and parts widely available. Limited access to documents, tools, and parts previously meant fewer options for repairs, resulting in higher prices and longer wait times. Businesses that fail to follow the new rules could face civil penalties.
“Phones and computers are lifelines for many New Yorkers, and getting them fixed is now more affordable and convenient than ever before,” said Attorney General James. “For too long, companies made it impossible for New Yorkers to fix their own electronics without paying excessive prices for repairs. This new law gives consumers the freedom to repair their own devices and allows independent repair shops to compete with lower prices. My office will hold any manufacturer accountable that fails to follow this new law.”
The New York Digital Fair Repair Act (Repair Act), General Business Law 399-nn, provides New York consumers with increased options to repair digital products. The Repair Act went into effect on December 28, 2023, and requires manufacturers to make diagnostic and repair information for digital electronic parts and equipment available to independent repair stores.
What does the Repair Act Require?
The Repair Act requires original equipment manufacturers (OEMs) of digital electronic equipment “to make diagnostic and repair information available to independent repair providers and consumers if such parts and repair information are also available to OEM authorized repair providers.” Manufacturers must offer access to owners of the covered products as well as independent repair providers.
Access to documents and many tools must be provided on “fair and reasonable terms.” For documents, this means at no charge. For parts and certain tools, it means offering them at the same cost as they are offered to manufacturer-authorized and affiliated businesses.
What products are covered?
The Repair Act applies to “digital electronic equipment” which means any product over $10 that depends on digital electronics to function. This includes many toys, phones, computers/printers, televisions, home entertainment systems, cameras, tools, or other products that use or rely on digital electronics. The Repair Act only applies to products made or sold in New York after July 1, 2023, and does not require manufacturers to share trade secrets. The new law also excludes certain products, including motor vehicles, home appliances, medical devices, off-road equipment, farm equipment, yard or garden equipment, construction equipment, power tools, and public safety communications equipment.
Enforcement by the New York Attorney General
Under the Repair Act, the Office of the Attorney General (OAG) is tasked with enforcing the new law and is authorized to investigate potential violations and take action when appropriate, including seeking restitution and civil penalties.
