Consumers Right to Repair Defective Electronic Products

Abstract

Currently, the manufacturers attempt to restrict the owners and third-party repair shops from repairing electronic products, such as specifying the terms under warranty and limiting spare parts. Therefore, the consumers have been forced to receive authorised service only. The manufacturer will not provide the spare parts and essential information to be able to repair by owners and third-party repair shops. There are only two choices left, requiring the authorised service provider to repair the product or trashing it. The consumers’ right to repair seems unobvious in Thailand because Thai Civil and Commercial Code and Thai regulations relating to consumer protection do not specify the right to repair. Consumers have to spend more money on repair services of the manufacturer. The study mainly analyses relevant laws of the United States: the Magnuson-Moss Warranty Act and the Fair repair Act. The study finds that Thailand should adopt the right to repair to protect consumers from unfair practices. Therefore, the article would like to propose the new regulation and provisions which protect the consumer from the unfair practice of manufacturers. Firstly, the regulation should mandate the manufacturers to distribute the spare parts, equipment and information at “the equitable price”. The manufacturer has to consider the ability of users and repair shops to afford the parts, equipment, or guidance information. Secondly, the regulation shall provide a specific provision to prevent consumers from unfair terms. For example, the manufacturer shall not specify the warranty clauses that compel the consumer to receive only the manufacturer’s service.