MEMA Aftermarket Suppliers Testifies for Consumer Rights in Vehicle Repair Data Access at Ninth DMCA Triennial Rulemaking

Washington, D.C., April 18, 2024 – Today, Dan Jasnow, representing MEMA Aftermarket Suppliers, testified at the Ninth DMCA Triennial Rulemaking in support of the proposed Class 7 Exemption, which would give consumers greater access to their vehicle’s data for repair and maintenance. Initially proposed by MEMA, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) expressed strong support for the proposed Class 7 Exemption, with both agencies noting that necessary vehicle data can be accessed without increasing cybersecurity risks.

As vehicles incorporate new technologies, the need for operational and telematics data access has never been more pressing. The Class 7 Exemption would allow vehicle owners to view and share necessary vehicle data with repairers of their choice – helping ensure access to safe, affordable, and convenient vehicle repairs.

In his testimony, Mr. Jasnow highlighted the increasing costs and extended wait times plaguing the automobile repair industry, noting a 20 percent increase in repair costs over the past year alone. By allowing vehicle owners to share essential data, such as real-time service alerts and vehicle performance metrics with their chosen service providers, the Class 7 Exemption promises to reduce repair costs and improve service efficiency.

"Consumers’ ability to access their vehicle and operational data will pose minimal threat to the rights of copyright holders yet yield numerous benefits for the repair industry and car owners,” commented Mr. Jasnow before the U.S. Copyright Office. He also addressed concerns about vehicle safety, reassuring that any exemption would be crafted narrowly to ensure compliance with U.S. Department of Transportation safety regulations.

MEMA Aftermarket Suppliers's push for the Class 7 Exemption reflects a broader effort to maintain a balance between the rights of copyright owners and the public's right to lawful uses of copyrighted works, a concern echoed by the House Commerce Committee during the drafting of the DMCA. This rulemaking session presents a pivotal opportunity to address the restrictive business models that threaten to limit consumer access to vehicle data necessary for repairs and maintenance.

This advocacy is part of MEMA Aftermarket Suppliers’ broader commitment to promote a free market and consumer choice surrounding where and with what parts a consumer repairs and maintains their vehicle, specifically through the REPAIR Act. By aligning its support for the DMCA Class 7 Exemption with efforts to pass the REPAIR Act, MEMA Aftermarket Suppliers is working to establish comprehensive legal frameworks that ensure consumers have the freedom to choose where and how their vehicles are repaired. This unified approach advocates for transparency and competition in the automotive repair market, further empowering vehicle owners and fostering innovation within the industry. 

About MEMA Aftermarket Suppliers 

MEMA Aftermarket Suppliers exclusively serves manufacturers of aftermarket components, tools and equipment, and related products, an important part of the automotive parts manufacturing industry which supports over 900,000 American jobs in all 50 states. MEMA Aftermarket Suppliers is a recognized industry change agent – promoting a collaborative industry environment, providing a forum to address issues, and serving as a valued resource for member companies. Members represent all areas of the aftermarket including light vehicle, commercial vehicle, and remanufacturing. MEMA Aftermarket Suppliers is a membership group within MEMA, The Vehicle Suppliers Association. 

MEMA is the leading North American trade association for vehicle suppliers, parts manufacturers, and remanufacturers. Automotive and commercial vehicle suppliers are the largest manufacturing sector in the United States and lead the way in new vehicle innovations. MEMA has been the voice of the vehicle supplier industry since 1904. Its more than 1,000 members are Strong by Association.
 
Members supply the aftermarket with the parts that keep millions of vehicles on the road, fueling international commerce and meeting society's transportation needs. MEMA members are committed to safety and sustainability. 

MEMA has offices in Southfield, Mich.; Research Triangle Park, N.C.; and Washington, D.C. Learn more at mema.org/aftermarket-suppliers.