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Massachusetts AG, alliance at odds over next steps in court case on revised ‘right to repair’ law

Massachusetts Legal professional Normal Maura Healey and the Alliance for Automotive Innovation are at odds over the following steps in an ongoing lawsuit regarding updates to the state’s “proper to restore” legislation.

Automakers represented by the alliance filed the lawsuit towards Healey in November 2020 after voters overwhelmingly authorized a poll measure revising and increasing the state’s current legislation.

The revised legislation — known as the Knowledge Entry Legislation within the lawsuit — requires makers of autos offered in Massachusetts to make use of a standardized, open-access information platform for telematics-equipped autos starting with the 2022 mannequin yr. It additionally provides car house owners and impartial restore outlets entry to real-time data from the telematics, comparable to crash notifications, distant diagnostics and navigation.

U.S. District Choose Douglas Woodlock this month requested Healey and the alliance for additional submissions on two excellent points within the case — their interpretation of the up to date legislation’s language and any steps taken by automakers to implement the legislation’s necessities.

In courtroom paperwork filed Friday, Healey mentioned the events “haven’t agreed on a joint proposal” concerning these points and likewise disagree on the scheduling order for future deadlines.

In accordance with the submitting, Healey particularly desires two of the alliance’s members — FCA U.S., now Stellantis, and Normal Motors — to “establish steps taken, funds spent and personnel concerned in researching and creating strategies of compliance” with sure sections of the legislation.

In its submitting, the alliance argues the lawyer common’s interpretation of the revised legislation’s phrases and provisions “largely reiterates the lawyer common’s litigation positions at trial, avoids decoding sure provisions of the Knowledge Entry Legislation fully, and in lots of locations fails to supply any significant, sensible interpretation.”

Since January, the choose has postponed a call on the practically two-year-old courtroom case a number of instances.

Two automakers — Subaru and Kia — have disabled the telematics programs in 2022 mannequin yr and newer autos registered in Massachusetts to keep away from compliance hiccups amid the continued authorized battle.

The alliance maintains its argument that the state’s amended legislation conflicts with a number of federal legal guidelines, poses cybersecurity and car security dangers, and units an unimaginable timeline for compliance.

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