The "Fair Repair Act" aims to establish equitable repair practices for digital electronic equipment, such as mobile phones and tablets, in New Jersey. Under this bill, original equipment manufacturers (OEMs) are required to provide independent repair providers and equipment owners with the same diagnostic, service, or repair documentation at no charge or under the same conditions as they do for authorized repair providers. Additionally, OEMs must make equipment or service parts, including updates to embedded software, available for purchase under fair and reasonable terms. The bill also prohibits OEMs from forcing authorized repair providers to purchase documentation in a proprietary format if a standardized format is available.
Furthermore, the bill mandates that OEMs offer diagnostic repair tools with the same capabilities available to their own repair staff or authorized providers, ensuring these tools are sold under fair terms. It clarifies that OEMs are not liable for the content and functionality of aftermarket diagnostic tools and must not withhold necessary documentation for resetting security-related electronic functions. Violations of the act are classified as unlawful practices under the consumer fraud act, subjecting offenders to monetary penalties and potential legal actions. Notably, the bill does not apply to motor vehicles or their manufacturers and is retroactive to equipment sold or offered for sale since July 1, 2012.