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Wednesday, 06 January 2021 22:24

MA Attorney General Fights to Dismiss Right to Repair Suit

Written by Emmariah Holcomb, glassBYTEs.com

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The Alliance for Automotive Innovation, a trade association for the automotive industry, recently filed a lawsuit in Massachusetts' federal court, aiming to block enforcement of the Right to Repair ballot initiative passed by state voters in the November 2020 election.

Massachusetts Attorney General Maura Healey defended the recently passed Right to Repair ballot initiative, in a memorandum of law to support a motion to dismiss, arguing the state law does not conflict with any federal statutes and that voters already rejected the suit’s claims.

 

Healey also stated in the memorandum the alliance’s complaint should be dismissed in its entirety.

 

“Neither it nor any of the Alliance’s other preemption claims establishes an actual conflict between state and federal law, much less satisfies the heavy burden required for facial, pre-enforcement challenges established by the Supreme Court and First Circuit,” a portion of the memorandum reads.

 

In November, Massachusetts residents voted “yes” on the Right to Repair Bill, which centered on preserving vehicle owners’ rights to have access to and control of their vehicle’s mechanical data necessary for service and repair.

 

The approval of Question 1 on the ballot ensured car owners can control the mechanical data transmitted by their vehicle through telematics.

 

Beginning with vehicles in model year 2022, cars sold in Massachusetts that use the telematics system will have to have an interoperable standardized and open access platform so the vehicle’s information will have to be shared with an interoperable system.

 

After the ballot question passed in the fall election...


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