Judge Needs More Time to Decide Fate of Mass. Right to Repair Law, While State Considers Legislative Fix

Automakers will have to wait a little longer to find out whether they will be required to comply with required changes to installed telematics systems beginning with model year 2022 (MY22) vehicles that Massachusetts voters imposed through a November 2020 ballot initiative. The Alliance for Automotive Innovation challenged the Massachusetts law in federal court in Boston and, after a trial this summer, Judge Douglas Woodlock advised that he would rule by August 20 on the Alliance’s request to enjoin enforcement of the new law. On Monday, August 16, however, he alerted the parties that he did not anticipate issuing a decision until September 20, 2021.

Timing is critical. Most OEMs have already begun production of MY22 vehicles and argued at trial that it is impossible for them to comply with the new mandate without sufficient lead time. Based on Judge Woodlock’s comments during closing arguments, it appeared that the impossibility argument resonated with the court. But Massachusetts lawmakers have already proposed at least three bills that would amend the law to extend the time for compliance until model year 2025, giving OEMs three years to make necessary changes to installed telematics systems. The bills—H.365, H.400, and S.239—all have been referred to the Joint Committee on Consumer Protection and Professional Licensure.  If enacted, the proposed legislation could moot what appears to be the strongest argument advanced by automakers and any injunction issued by the court. Query whether Judge Woodlock is mindful that a legislative fix would resolve – at least temporarily -- the pressing issues before him.