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S.F. No. 15 - Fair Repair Requirements
 
Author: Senator David J. Osmek
 
Prepared By:
 
Date: January 12, 2018



 

Section 1, subdivision 1, establishes definitions for purposes of the bill.

Subdivision 2 requires manufacturers of digital electronic products to:

  • make available to independent repair facilities or owners of products specified diagnostic and repair information free of charge;
  • make available service parts for purchase by the owner; and
  • make available to owners and independent repair facilities diagnostic repair tools on fair and reasonable terms.

Manufacturers are prohibited from requiring authorized repair providers to purchase diagnostic and service information in a proprietary format under certain circumstances. Manufacturers are prohibited from excluding service information necessary to reset security-related electronic functions.

Subdivision 3 provides that this section does not require a manufacturer to divulge a trade secret.

Subdivision 4 provides that this section is not to be read to abrogate agreements between authorized repair providers and the manufacturer.

Subdivision 5 states that the manufacturer is not required to provide nondiagnostic and nonrepair information.

Subdivision 6 gives a manufacturer the right to cure violations of this section within 30 days of notice from an independent repair provider or owner. If the manufacturer cures the violation, damages are limited to actual damages. Information that must be filed in a complaint in district court is set forth.

Subdivision 7 gives the attorney general enforcement authority under section 8.31.

 
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