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FTC cracking down on 'right to repair' violations

Trucking news and briefs for Monday, July 26, 2021:

In a policy statement issued earlier this month, the Federal Trade Commission said it will begin devoting more resources to combat unlawful repair restrictions from OEMs.

The FTC said it will now prioritize investigations into unlawful repair restrictions under relevant statutes, such as the Magnuson-Moss Warranty Act and Section 5 of the Federal Trade Commission Act.

“Restricting consumers and businesses from choosing how they repair products can substantially increase the total cost of repairs, generate harmful electronic waste, and unnecessarily increase wait times for repairs,” the Commission said in its statement. “In contrast, providing more choice in repairs can lead to lower costs, reduce e-waste by extending the useful lifespan of products, enable more timely repairs, and provide economic opportunities for entrepreneurs and local businesses.”

To help crack down on unlawful practices, FTC is encouraging the public to submit complaints and provide other information to help with enforcement of the Magnuson-Moss Warranty Act and its implementing regulations.

The Commission added that while current law doesn’t provide for civil penalties against violators of the Magnusson-Moss Warranty Act, it will consider filing suit against violators to see injunctive relief.

“The Commission will also closely monitor private litigation to determine whether the Commission may wish to investigate a pattern of unfair or deceptive acts or practices or file an amicus brief,” FTC added. “Further, the Commission will explore rulemaking, as appropriate.”

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