Buying Used Cars: Smart Choice, But Future Uncertain

When looking to replace a daily driver, opting for a used car is often a savvy decision. A model with low mileage from just a few years back can really help you save money while still providing nearly the same features. If you put in the effort to research, you might find that a well-kept used vehicle can be as dependable as a new one.

However, this scenario might not last long.

In areas lacking strong right-to-repair laws, dealerships have noted instances where they can’t fix new cars without going through the dealer.

Car manufacturers are increasingly restricting access to the data generated by modern vehicles. If this trend continues, it could spell trouble for independent repair shops, DIY enthusiasts, and ultimately, your wallet. The potential impacts are significant, affecting approximately 273,000 repair shops, 900,000 technicians, and nearly 293 million vehicles.

By the end of this article, you’ll understand why the national Right to Repair movement is advocating for easier repair access—and why you might want to contact your congressman.

Data Control Issues

Repairing cars used to be straightforward. Since 1996, the OBD-II port has provided both shops and vehicle owners direct access to crucial diagnostic information. This transparency encouraged competition, kept repair prices reasonable, and upheld consumer choice regarding who services their vehicles.

Today’s cars resemble advanced computers, packed with numerous microprocessors and electronic systems. Instead of sending data through those familiar OBD-II ports, they now wirelessly transmit diagnostics via telematics systems. By 2021, half of all vehicles came equipped with this capability. Projections suggest that by 2030, 95% of new cars will be fully connected.

Here’s the catch: this wireless data goes straight to the manufacturers, who become gatekeepers of access, dictating who can get the information, when, and at what cost.

This monopoly can push independent shops into tough situations, often forcing them to pay substantial fees for just limited data. Consumers find themselves going back to dealerships for repairs. While telematics offer advantages like remote diagnostics, those benefits remain largely confined to the dealer network when the data is controlled by the automakers.

Drivers Bear the Cost

When manufacturers control data, drivers end up paying more.

• Rising repair expenses: Independent shops need to invest in costly manufacturer-approved tools and subscriptions. Without these, repairs might not be possible.
• Limited options: Your trusted local mechanic might not service newer models, forcing you to rely on dealerships.
• Privacy concerns: Every drive generates data about your habits and location. Automakers often share or sell this information to insurance companies and advertisers, frequently without your explicit permission.

In states without robust right-to-repair protections, dealers have already reported being unable to fix new cars without dealer involvement.

Impact on the Aftermarket

Unique repairs contribute significantly to the economy, and restricting data access could have far-reaching consequences.

• Aftermarket parts manufacturers may find it challenging to create compatible components.
• Innovation could stagnate.
• Dealers may monopolize the entire process, from diagnostics to repairs.
• As prices climb, wait times are also expected to increase.

Voter awareness is rising. Massachusetts initiated the telematics repair rights movement in 2020 with strong support, achieving 75%. Maine followed suit with an impressive 84% in 2023. These victories matter, but a patchwork of state regulations won’t adequately safeguard drivers across the nation.

Introducing the REPAIR Act

Organizations such as the Auto Care Association and the CAR Coalition support the REPAIR Act (HR 906), which is essentially an update to consumer rights for the digital age.

This legislation is founded on four key principles:

1. No unnecessary barriers to repair or maintenance.
2. Vehicle owners and their chosen repair shops should have direct access to data generated by their vehicles.
3. Manufacturers shouldn’t be able to impose proprietary tools or restrict access to dealer-only equipment.
4. An advisory board will keep regulations up to date as technology progresses.

This act is about choice. You should have the right to repair your vehicle or choose a trusted shop. Practices that unfairly limit access to information or force customers to use dealer-specific parts would be prohibited. Importantly, wireless data transfers must occur through secure and standardized channels approved by vehicle owners.

The NHTSA and FTC would establish cybersecurity guidelines, ensuring consumers receive clear data usage notices. Additionally, the FTC would have the authority to quickly address any misuse by manufacturers.

The Dangers of Inaction

If action isn’t taken at the federal level:

• Repair costs could escalate by 20% to 50%.
• Independent shops may shut down.
• Innovation could grind to a halt.
• Consumer privacy may vanish.
• The used car market might dwindle.

The REPAIR Act aims to reverse these trends, creating a fair environment where manufacturers build cars, but the aftermarket keeps them running.

Act Now

This issue concerns all drivers. Reach out to your representatives and urge them to support the REPAIR Act. It’s about safeguarding your choices, savings, and the right to repair in an increasingly digital automotive landscape.

Your vehicle, your data, your repairs—that’s what’s at stake.