Colorado Governor Signs Right to Repair Electronic Devices Bill Into Law

Customers at an Apple flagship store after the launch of the iPhone 15, in Beijing, China, on Sept. 22, 2023. (Kevin Frayer/Getty Images)

Colorado passed a law giving Americans the right to repair their electronic devices, such as phones and computers, without solely depending on the manufacturer.

On May 28, Colorado Gov. Jared Polis signed into law HB24-1121 “Consumer Right to Repair Digital Electronic Equipment.”

Under current law, an original equipment manufacturer (OEM) of agricultural equipment and powered wheelchairs is required to provide parts, tools, and other resources to independent service providers and product owners. This prevents OEMs from making owners dependent on them for repairs.

HB24-1121 extends this “right-to-repair” statute to electronic equipment like cell phones, televisions, computers, and gaming systems. Big tech firms like Apple, Amazon, Google, and others will have to provide software and physical tools to customers or repair centers upon request.

The legislation allows OEMs to charge a fee for physical tools, while software remains free.

HB24-1121 prohibits the practice of “parts pairing,” which involves OEMs programming certain parts to prevent customers from independently repairing their devices. The practice allows the firms to monopolize the replacement parts market.

The App Association, a global trade association for small and medium-sized technology companies, had opposed HB24-1121 in an April 10 letter to the leaders of the Senate Business, Labor, & Technology Committee.

The bill poses “significant risks” to members who develop software for mobile and connected devices, the group said.

The success of the association members’ business depends on how smoothly their software functions on devices such as cellphones. If a device malfunctions following third-party repairs, the members’ software present on the device may not be able to function effectively, thus putting their business at risk, the association argued.

The legislation also threatens the safety of consumers’ sensitive personal, financial, as well as health data stored on devices, the group warned.

“We fear that HF HB24-1121 would create new opportunities for bad actors to access and copy consumers’ personal data. A bad actor could pose as an independent repair shop to gain direct access to protected device features and software-protected information, or they could seek to exploit mandated open access through other means,” the letter said.

Sen. Nick Hinrichsen (D-Pueblo), co-sponsor of HB24-1121 in the Colorado State Senate, justified the bill, pointing out that manufacturer-imposed repair restrictions result in surging costs, monopolistic business practices, and thousands of electronic devices being thrown out every day.

“I’ve said it before and I’ll say it again: if you can’t repair something that’s yours, do you really own it? I would argue no, which is why this legislation is so important. Right-to-repair laws are essential for empowering consumers and ensuring a fair market.”

In 2022, the right-to-repair law for wheelchairs was passed. This was followed by similar laws being passed for agricultural equipment last year. This provided the framework for drafting HB24-1121. The bill comes into effect on Jan. 1, 2026.

Debate Over Right to Repair

In October last year, California passed a similar right-to-repair law, making it the fourth state after New York, Colorado, and Minnesota to enact such legislation.

At the time, Sen. Susan Eggman, author of the California bill, pointed out in a post on social media that at least four key components of electronics are often withheld from users by corporations: authentic parts, appropriate tools required to conduct the repair, service documentation walking through the steps to carry out repairs, and the software necessary to reset or recalibrate the product once repairs are completed.

“Missing even one of these components can make repair[s] more challenging, less safe, and less reliable,” she said.

“Consumer products and appliances just don’t seem to be made to the same quality as they used to and while we can’t necessarily mandate that, we are going to make sure that there is access to the stuff you need to fix your products if something goes wrong.”

In March, the U.S. Federal Trade Commission and the U.S. Department of Justice advocated for expanding an exemption to copyright law.

The expansion is aimed at providing business owners the right to fix their commercial and industrial equipment or employ a third party, rather than having to resort to authorized repair personnel.

In comments submitted to the U.S. Copyright Office, the two agencies argued that expanding repair exemptions will promote competition in the market for replacement parts, repair, and maintenance services.

A recent report from the CATO Institute raised concerns about the right-to-repair efforts, pointing out downsides to “tinkering” with certain products.

Some products often have “intricately crafted” hardware and software which neither the consumer nor third-party repair shops are trained to repair.

The report gave an example of a microprocessor embedded in internal combustion engine vehicles that regulates the engine’s adherence to emission standards. Allowing third parties to modify vehicles allows them to make amendments in a way that defeats the set emission limits.

Some owners may alter engines to ensure greater speed, thus compromising safety on the road, the report argued. Moreover, giving consumers uncontrolled access to microprocessors could open up a host of cybersecurity problems as well, the report said.

Given such risks, the right to repair legislation could result in “a reduction in quality, performance, consumer safety, and the environment,” the institute warned.

Even as companies give technical justifications for not allowing customers to tinker with their products, Rep. Steven Woodrow (D-Denver), who co-sponsored HB24-1121 in the state House, said that right-to-repair laws are necessary since consumers “should have the right to fix their stuff.”