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What the Fix Episode: Automaker Tactics “Gouging the American Public,” Underscore Urgent Need for Federal Legislation

December 06, 2022

“…This is a nationwide marketplace…[that] needs a federal solution, so that all Americans, all consumers can have access to affordable repairs, again, which keeps costs low and gives people choices.”

– Justin Rzepka, Executive Director, CAR Coalition

“This is a bipartisan issue. Everyone has consumers in their district—whether you’re a Republican or a Democrat, you have consumers who have a need to repair those vehicles.

– Catherine Boland, VP, Legislative Affairs for the Motor & Equipment Manufacturers Association

“…[T]he OEM model is to eliminate the aftermarket parts, only sell their parts, and get the best prices—the highest prices for them—regardless of the cost, regardless of the impact on American people.”

– Michael “Mike” O’Neal, President, Diamond Standard Parts

The newest episode of What the Fix, a right to repair podcast hosted by SecuRepairs’ Paul Roberts and Jack Monahan, focuses squarely on automotive right to repair.

A panel of industry experts—including Michael “Mike” O’Neal, President, Diamond Standard Parts; Catherine Boland, VP, Legislative Affairs for the Motor & Equipment Manufacturers Association; and Justin Rzepka, Executive Director, CAR Coalition—detailed how automakers are abusing design patents and placing unfair limits on vehicle data, effectively monopolizing the car repair market.

Justin Rzepka discussed two bipartisan solutions currently before Congress—the Save Money on Auto Repair Transportation (SMART) Act and the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act—that would remedy these issues:

“…[T]here’s a bill before the House Judiciary Committee called the SMART Act. It’s a bipartisan bill…[that] basically says if you have a design patent for an automotive vehicle, you’re allowed to have that design patent for 30 months, and then…you can then sell those aftermarket parts…What they’re doing is they’re reducing that monopoly from 15 years to 30 months…So that’s what that bill would do. It’s very simple.

Justin Rzepka, Executive Director, CAR Coalition

“…[T]he REPAIR Act was introduced in February of this year. That is the first bill ever in Congress that grants car owners access their vehicle data.”

Justin Rzepka, Executive Director, CAR Coalition

As Mike O’Neal noted, failing to pass these commonsense bills has direct consequences for hardworking Americans:

“When low- and middle-income Americans get in a collision, using unnecessarily [expensive] OEM parts…often exceeds their insurance coverage…[W]hen working-class citizens cannot afford the additional repair costs, their vehicles are a total loss. Depending on the year, make, and model of the car, these funds are often insufficient funds to purchase a comparable vehicle…This threatens [their] mobility, their livelihood—it’s an important social consideration.”

Michael “Mike” O’Neal, President, Diamond Standard Parts

And, as Catherine Boland expressed, Congress has no time to waste—the time to act is NOW:

“…[W]ithout action by Congress [on automotive right to repair], sooner rather than later, we will have missed the boat, and technology will have gone in such a direction that you can’t put that genie back in the bottle…”

Catherine Boland, VP, Legislative Affairs for the Motor & Equipment Manufacturers Association

Panelists noted growing momentum behind automotive right to repair—including ballot initiatives in Massachusetts and Maine and vocal support from President Biden and the Federal Trade Commission (FTC).

Join the movement and tell your representatives to advance the SMART and REPAIR Acts today!

Click HERE for the full episode, including a written transcript.

Have you been impacted by car repair restrictions? Click HERE to tell your story.