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 legislation, original equipment manufacturers (OEMs) are required to provide independent repair providers and equipment owners with access to the same diagnostic, service, or repair documentation that they offer to authorized repair providers, at no charge or under fair and reasonable terms. Additionally, OEMs must make available for purchase all necessary equipment or service parts, including updates to embedded software. The bill also prohibits OEMs from requiring authorized repair providers to purchase documentation in a proprietary format if a standardized format is available on more favorable terms.
The bill outlines that violations of these provisions will be considered unlawful practices under the state's consumer fraud act, which carries penalties of up to $10,000 for first offenses and $20,000 for subsequent offenses. It also allows for cease and desist orders, punitive damages, and the awarding of treble damages to affected parties. Importantly, the bill does not apply to motor vehicles or their manufacturers and is retroactive to equipment sold or offered for sale on or after July 1, 2012.