OEMs Seek to Enjoin Enforcement of Maine Right to Repair Act

On Friday, January 31, 2025, the Alliance for Automotive Innovation (“Auto Innovators”), a trade association representing manufacturers in the auto industry, filed a lawsuit in federal court in Maine seeking to enjoin enforcement of Maine’s right to repair law.  The lawsuit follows a similar suit filed by Auto Innovators in Massachusetts in 2020 seeking an injunction against that state’s right to repair law; no decision has been issued in that case following a 2021 trial, although one appears to be on the horizon.  Unlike in the Massachusetts case, Auto Innovators in the Maine case has not asked for a preliminary injunction.

Requirements for Vehicles That “Utilize” A Telematics System

Under the Maine right to repair law, overwhelmingly approved by voters in a November 2023 ballot referendum, all vehicles that “utilize” a telematics system and are sold in that state must be equipped with an “inter-operable, standardized and owner-authorized access platform across all of the manufacturer’s makes and models” that provides owners and designated repair facilities access to data generated through that platform. Unlike the Massachusetts statute, however, Maine’s law requires the Maine Attorney General to “designate an independent entity” to “establish and administer access to vehicle-generated data . . . that is transmitted by [that] standardized access platform,” and that such independent entity “shall manage cyber-secure access to motor vehicle-generated data, including by ensuring on an ongoing basis that access to the . . . standardized access platform is secure” based on U.S. and international standards.  The independent entity must also adopt relevant standards and create policies and best practices related to the access of motor vehicle data.

Auto Innovators’ Challenge to Maine Law

Auto Innovators contends compliance with the Maine law is impossible because the Attorney General has not, and apparently does not intend to, designate the relevant “independent entity,” and therefore no “standardized access platform” has been created, nor have any standards or policies been established to ensure cybersecure access to vehicle-generated data transmitted by that platform.  If OEMs are required to comply the Maine law before the independent entity and standardized access platform are created, Auto Innovators argues the law directly conflicts with the requirements of the National Traffic and Motor Vehicle Safety Act and is therefore preempted.  Lastly, Auto Innovators claims the Maine Attorney General’s failure to designate an independent entity constitutes a “failure or refusal of an agency to act” and therefore entitles the Alliance to relief under the Maine Administrative Procedures Act.

Recent Developments in Maine

In April 2024, the Maine Legislature directed that state’s Attorney General to convene a working group to prepare and submit a report no later than February 28, 2025 with recommendations to facilitate the adoption of further legislation to give effect to the right to repair Law.  While the working group continues efforts to hammer out a report, at least one influential Maine legislator has expressed concern that the Maine law, “while well-intentioned, is rife with ambiguities, potential conflicts with federal oversight, and cybersecurity risks.”  The working group is scheduled to hold its final meeting on February 12, 2025 to conduct a final review of the draft report to the Maine Legislature.