Friday, September 3, 2021

Fix It or Junk It

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Many car enthusiasts, particularly older folks, remember tinkering with their “jalopies” in the garage. No computer chips or catalytic converters. Sure, some amateurs played around with “superchargers,” but most were dealing with old world carburetors.  Cars got more complex as efficiency, emissions and fuel economy became national priorities, and as the current microchip shortage sorely points out, cars became a maze of computer chips on wheels. Still, if you could afford it, automotive diagnostic computers provided some ability to “fix and enhance” without accessing a dealer or authorized repair shop. Of course, if you had a manufacturer’s warranty, it often became void if you tried to implement a repair yourself.

Aside from the obvious home computers, tablets, laptops and smart phones, just about every appliance made now runs under some level of microprocessor control. In industry, just about every tool and every piece of equipment also relies on a maze of microchips. There’s only one chipmaker left in the United States – Intel – with one plant (two more $10B each are under construction) in Arizona, but the U.S. only makes 12% of the world’s chips… and plants in Asia make them better and cheaper. Taiwan is number one in volume and sophistication, so powerful that some fear that the People’s Republic of China might be tempted to invade and annex Taiwan just to glom on to that manufacturing capacity. The PRC’s attempt to replicate that manufacturing capacity have failed.

Here in the States, with all this complexity, manufacturers have made warranties easily voidable for those attempting repair outside of approved circles, even experienced repair shops that are not “authorized vendors.” Likewise, for those “unauthorized vendors,” manufacturers have been slow if not downright resistant to supply such third party repair facilities with the necessary specs to effect a repair. That’s a huge lose-lose for consumers, as Jared Newman points out in his August 31st contribution to FastCompany.com:

“For Dean Landers, fixing people’s refrigerators, dishwashers, and washing machines is more of a hassle than it should be… Even after 40 years running an award-winning repair service in Baltimore, Landers says he still gets the runaround from appliance makers. He can’t always obtain the diagnostic data or electronic codes he needs to finish a job, and if he needs to consult with the manufacturer when all the usual repair steps fail, some won’t even let him pay for the privilege.

“That all translates to longer waits and costlier repairs for customers, who in turn may end up replacing their appliances instead of fixing them… Home appliances are an overlooked facet of the right-to-repair movement, which aims to make parts, tools, and diagnostic information more easily available to users and independent repair shops. While the difficulties of repairing consumer electronics and heavy equipment have received widespread attention, large appliances have flown under the radar, even as evidence shows that they’re more prone to breaking down than they once were.

“That leads not just to greater expenses for consumers, but to more electronic waste. Data from the Environmental Protection Agency shows that 2.1 million tons of waste from major appliances went to landfills in 2018, up from 1.2 tons in 2005, even as recycling increased during that same time frame. A 2015 United Nations University study found that large appliances, such as dishwashers and washing machines, made up nearly two-thirds of all e-waste worldwide. Unlike with phones and other consumer electronics, home appliances have no thriving refurbished market, likely due to the high costs of hauling the products around.” 

While there was little interest during the Trump administration for going to the aid of consumers at the expense of big business, there’s a new sheriff in town. There is pressure at the Federal Trade Commission to investigate, limit and control this corporate resistance to allowing consumer-friendly repairs, and in June one member of the House of Representatives has introduced a “Right to Repair” bill in Congress (“to guarantee consumers and small businesses a right to repair their own products by requiring manufacturers to make diagnostic repair information, parts, and tools readily available”). Joe Morelle (D-NY) says this on his Website:

“‘For too long, large corporations have hindered the progress of small business owners and everyday Americans by preventing them from the right to repair their own equipment,’ said Congressman Joe Morelle. ‘It’s long past time to level the playing field, which is why I’m so proud to introduce the Fair Repair Act and put the power back in the hands of consumers. This common-sense legislation will help make technology repairs more accessible and affordable for items from cell phones to laptops to farm equipment, finally giving individuals the autonomy they deserve.’

“Currently, many electronics manufacturers require that repairs, or parts to complete a repair, be made by the original equipment manufacturer (OEM) itself or through one of their authorized vendors, making the process costly and burdensome for consumers. COVID-19 further magnified the need for consumers and small businesses to be self-reliant and have the ability to repair their own equipment when large retailers have to shutter.

“The Fair Repair Act will require OEMs to make diagnostic and repair information, parts, and tools available to third-party repairers and owners in a timely manner and on fair and reasonable terms, helping consumers and repair shops to avoid unnecessary and costly delays while also reducing waste. This bill allows for the Federal Trade Commission (FTC) to penalize those who violate these provisions through civil penalties including payment of damages, reformation of contracts, and refund of money or property. It also empowers the FTC to promulgate any rules or regulations necessary to carry out these enforcement duties. The Fair Repair Act authorizes state attorneys general to enforce the bill’s provisions as well.” Imagine that, a bill that fosters consumer rights over corporate desires to extract every last cent they can from consumers. If it passes and/or if the FTC prioritizes this anomaly.

I’m Peter Dekom, and if bringing down the cost of such basic repairs matters to you, please let your elected representatives in Congress know exactly how you feel.


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