News on the ‘Right to Repair’ Front–Apple US Fined $6.6 Million by Australian Government

As Rachel Clun writes in the June 19, 2018 Sydney Morning Herald, Apple US has been find for making false or misleading representations to Australian consumers about their consumer rights. Note that $9 million Australian is equal to $6.6 million USD.

‘Apple has been fined $9 million by the Federal Court for telling some Australian iPad and iPhone owners they could not have devices fixed as they had been previously repaired by a third party. The court action was started by the Australian Competition and Consumer Commission (ACCC) after it received complaints about ‘error 53’, which disabled some Apple devices after an operating system update was downloaded. “[The customers said] they were being refused a remedy of any kind by Apple on the basis that their device had had unauthorised repairs, and those repairs could be as minor as just having a cracked screen replaced on an iPhone or iPad, which all of us need to do from time to time,” ACCC Commissioner Sarah Court said. “So these consumers were being told, ‘because you’ve had this third party repair, you are not entitled to any remedy’.” Ms Court said that is not the case under Australian Consumer Law. ” Customers and consumers are free to have screens and other repairs done on their devices by third-party repairers, so long as that repair doesn’t damage the underlying system of the phone,” she said.’

ACCC has found that 5000 consumers may have been affected by the company’s false or misleading statements.

This outcome is surely encouraging for those who advocate for the consumer ‘Right to Repair’ here in the US. To learn more about the ‘right to repair,’ see https://illini-gadget-garage.istc.illinois.edu/proposed-right-to-repair-legislation-in-illinois/ and https://repair.org/association/.

Proposed Right to Repair Legislation in Illinois

Illinois is one of 12 states currently with proposed legislation that would support what is called the “right to repair”—that is, the right of consumers and smaller independent repair businesses to have access to instructions, parts, and tools necessary to repair electronics. If passed into law, this type of legislation would require manufacturers of electronic equipment to sell repair parts and release service information to consumers and independent repair shops.

For more information on the “right to repair” movement, see our previous posts, Introducing Right to Repair and its Roots in the Automotive Industry and Right to Repair and the Tech Industry. You should also check the web site of the Repair Association, previously the Digital Right to Repair Coalition, a group which advocates for the repair industry and legislation to protect consumers’ right to repair the devices they own, or to take them for repair to the repair shop of their choice (not just those controlled by the manufacturers). See their “Statement of Principles” at https://repair.org/association/. This page also includes a summary of the history of the right to repair movement.

In Illinois the proposed bill is called the Digital Fair Repair Act (HB 3030). See the full text of the bill on the Illinois General Assembly web site. According to the General Assembly site, that bill was referred to the House Rules Committee in March 2017 and no recent action has taken place. If you’re interested in contacting your elected officials to express your support for this bill, the Repair Association has made it easy for you, with a form that will help you contact legislators based on the zip code you enter–see https://illinois.repair.org/. Of course, the form can also assist you in determining your legislators if you care to contact them and oppose the bill.

Other states with similar proposed legislation include Nebraska, New York, Minnesota, Kansas, Massachusetts, Wyoming, Tennessee, North Carolina, Iowa, Missouri, and New Jersey. To learn more about proposed legislation in those states, see https://repair.org/stand-up/.

Incidentally, as in so many cases, the European Union is ahead of the US in terms of facilitating the repair of consumer products and thinking about designing products with repair in mind in the first place. On July 4, 2017 the European Parliament voted to approve a resolution calling on the European Commission, member countries and producers to take steps to improve repairability. While the resolution doesn’t place requirements into law, it does illustrate the desire of elected officials to address the issue of repair and design for repair in future laws and voluntary programs. See the 7/13/17 E-Scrap News article EU body takes aim at planned obsolescence in devices written by Jared Paben for further information.

drawing of wrench clasped in a fist enclosed in a circle
Right to Repair advocacy image from Repair.org