SB 420 - The act provides that owners of products purchased or used in Missouri shall have the right to: (1) Access the same diagnostic and repair information that manufacturers supply to independent repair providers or authorized repair providers as specified in the act; and
(2) Purchase service parts available upon fair and reasonable terms as specified in the act.
Nothing in the act shall require a manufacturer to sell service parts if the service parts are no longer available to the manufacturer or the authorized repair channel of the manufacturer.
An authorized repair provider shall be able to purchase diagnostic, service, or repair information in standardized format, instead of a proprietary format, if the manufacturer sells such information to independent repair providers in the standardized format or if the manufacturer offers terms and conditions more favorable to independent repair providers. This provision shall not apply if the proprietary format includes diagnostic, service, repair or dealership operations information or functionality not available in a standardized format.
Owners and independent repair providers shall be able to purchase all diagnostic repair tools, incorporating the same diagnostic repair and remote diagnostic capabilities that the manufacturer makes available to its repair or engineering staff or authorized repair providers, upon fair and reasonable terms.
Certain manufacturers, as described in the act, are not responsible for the content and functionality of aftermarket diagnostic tools or service information systems.
Manufacturers of products sold to provide security-related functions shall not exclude diagnostic, service, or repair information necessary to reset a security-related electronic function from information provided to owners and independent repair providers. Manufacturers may provide information necessary to reset and unlock system or security-related electronic modules to owners and independent repair providers through appropriate secure data release system.
Nothing in this act shall require the manufacturer to divulge trade secrets.
The act shall not be interpreted to abrogate, interfere with, contradict, or alter the terms of an agreement between an authorized repair provider and a manufacturer, as described in the act.
The act shall not require manufacturers or authorized repair providers to provide an owner or independent repair provider access to non-diagnostic and non-repair information.
An independent repair provider or owner who believes that a manufacturer failed to provide information, as described in the act, shall notify the manufacturer in writing and give the manufacturer thirty days from the time the manufacturer receives the complaint to cure the failure. If the manufacturer cures the failure within thirty days, damages are limited to actual damages in any future litigation. If the manufacturer fails to respond to the notice or if the independent repair provider or owner is unsatisfied with the cure, the independent repair provider or owner may file a complaint. Contents of the complaint are described in the act.
The manufacturer is required to provide any information or service parts if the product for which the information or service parts are sought is under a valid warranty.
The Attorney General shall enforce the provisions of this act. Each violation shall be punishable by a fine of $500 which shall be deposited into a school fund of a county where the complain arose.
The act shall not apply to manufacturers or distributors of a medical device as defined in the Federal Food, Drug, and Cosmetic Act, or a digital electronic product or software manufactured for use in a medical setting.
The act shall not apply to a manufacturer, dealer, distributor, integrator, installer or monitoring service provider of a central station security device or alarm system as described in the act.
The act is identical to SB 1472 (2024), and similar to HB 2041 (2024), HB 2475 (2024), SB 554 (2023), HB 217 (2023), HB 698 (2023) and HB 2141 (2022).
JULIA SHEVELEVA