Automakers Challenge Maine’s Right to Repair Law

A coalition representing major automakers has launched a legal challenge against Maine’s recently enacted right to repair law, seeking to block key provisions from being enforced.

According to a complaint filed in the U.S. District Court for the District of Maine, the Alliance for Automotive Innovation argues that compliance with the law, which was overwhelmingly approved by 84% of Maine voters in November 2023, is “impossible.” The group contends that the statute is “unconstitutionally vague,” violates due process, and places undue burdens on vehicle manufacturers.

The lawsuit specifically targets a requirement that automakers provide independent repair shops with direct, standardized access to vehicles’ on-board diagnostic systems, contingent upon the owner’s authorization. Per the lawsuit, the Alliance claims that manufacturers cannot comply because the law also mandates the creation of an independent entity to oversee and administer access to vehicle data—a process that has yet to be completed.

“This is an example of putting the cart before the horse,” the Alliance stated on Jan. 31. “Before automakers can comply, the law requires the attorney general to first establish an ‘independent entity’ to securely administer access to vehicle data. The independent entity hasn’t been established. That’s not in dispute. Compliance with the law right now is not possible.”

The law officially took effect on Jan. 5 and directs the Maine Attorney General’s Office to establish an independent organization responsible for ensuring secure data transmission. A working group, led by the Office of the Attorney General and composed of industry representatives, consumer advocates, and data privacy experts, has been meeting since August to develop legislative recommendations for implementation. Their final report, including guidance on the independent entity’s formation, is due to the state legislature by Feb. 28.

However, the lawsuit asserts that Maine Attorney General Aaron Frey has already deemed the requirement for a standardized, owner-authorized data platform to be enforceable against automakers. Under the law, manufacturers could face penalties of up to $10,000 per data access denial or treble damages, whichever is greater.

Maine Right to Repair Coalition Director Tommy Hickey pushed back against the lawsuit’s claims, arguing that the law does not condition automaker compliance on the creation of the independent entity. In an interview with Autobody News, Hickey emphasized that the statute is clear in requiring manufacturers to grant car owners access to their own vehicle data, regardless of the entity’s establishment.

“The law is pretty clear. It says if you are a manufacturer in the state of Maine and you have a car with telematic systems, you better be able to get that information to car owners,” Hickey stated. “They try to tie the two up, and we don’t read it that way. It was not intended to be written that way. And we see it as an excuse to not comply with the law.”

Source: Press Herald