Consumer Right to Repair Digital Electronic Equipment

Under current law, an original equipment manufacturer of agricultural equipment or a powered wheelchair is required, upon request, to provide parts, tools, documentation, and other resources to independent repair providers and owners of the manufacturer's agricultural equipment or powered wheelchairs to facilitate an independent repair provider's or owner's diagnosis, maintenance, or repair of a piece of agricultural equipment or a powered wheelchair (right-to-repair statutes). Failure to comply with the right-to-repair statutes is a deceptive trade practice.

Beginning January 1, 2026, the act expands the scope of the right-to-repair statutes to include digital electronic equipment manufactured and sold or used for the first time in Colorado on or after July 1, 2021. However, the act includes many exemptions, including exemptions for marine vessels, aviation, and motor vehicles; medical devices other than powered wheelchairs; certain safety and security equipment; certain construction- and energy-related equipment; and video game consoles.

For digital electronic equipment manufactured and sold or used in Colorado for the first time after January 1, 2026, the act prohibits a manufacturer from using parts pairing in a manner that:

• Prevents an independent repair provider or owner from installing or enabling replacement parts;
• Reduces the functionality or performance of the digital electronic equipment; or
• Causes digital electronic equipment to display misleading alerts or warnings about unidentified parts.

Parts pairing may still be used for digital electronic equipment to record, catalog, and display information related to repairs done and for standalone biometric components used for authentication purposes.

Additionally, the act:

• Does not require a manufacturer to distribute a product's source code or make available documentation, tools, or parts that would disable or override privacy or anti-theft security measures or that the manufacturer only uses to perform virtual diagnostic services at no cost; and
• Requires an independent repair provider, before providing services for digital electronic equipment, to provide an owner with notice indicating that the independent repair provider is not an authorized repair provider of the manufacturer and whether the provider uses any new or used replacement parts from a supplier other than the manufacturer.

APPROVED by Governor May 28, 2024

EFFECTIVE January 1, 2026
(Note: This summary applies to this bill as enacted.)