Massachusetts AG Tells Court State Will Start Enforcing New Right-to-Repair Law on June 1

Massachusetts Attorney General Andrea Campbell notified the U.S. District Court of Massachusetts that her office will begin enforcing the Data Access Law on June 1, 2023.

Approved by voters through a ballot measure in 2020, the law requires automobile manufacturers with sales operations in the state to provide vehicle owners and independent repair shops real-time access to telematics information. The OEMs would deliver that data through a standardized, openaccess platform for all 2022 model year vehicles or newer. The Alliance for Automotive Innovation sued Massachusetts to block the law, arguing that it conflicts with federal law, poses cybersecurity and vehicle safety risks, and doesn’t provide its members enough time to adjust to comply.

The case went to trial and the court heard arguments from both sides in the summer of 2021. The court asked the state to enter a non-enforcement stipulation until after the verdict is reached. Then-Attorney General and current Massachusetts Governor Maura Healey agreed to not enforce the rule until August 1, 2021. The Attorney General has since extended the nonenforcement stipulation several times at the court’s request.

Approved by voters through a ballot measure in 2020, the law requires automobile manufacturers with sales operations in the state to provide vehicle owners and independent repair shops real-time access to telematics information.

In the March 7, 2023, filing, newly elected AG Campbell noted the following:

“In addressing the Court’s prior requests for stipulations of non-enforcement, the Attorney General has sought to balance competing concerns. On the one hand, recognizing the demands of a busy trial court, the technical complexity of the trial evidence, and the disruptions of the COVID-19 pandemic during the litigation of this case, the Attorney General has deferred to the Court’s view that it needs more time and further evidence to produce an opinion that brings ‘this case to an appealable final judgement’…On the other hand, the Attorney General has a specific statutory duty to issue the notice provided for under Section 4 of the Data Access Law…After consideration of these competing concerns, the Attorney General has determined that the non-enforcement stipulation should come to an end.” n