摘要：Recent years have seen a surge in the use of automotive telematics. Telematics
is the integration of telecommunications and informatics technologies. Using
telematics in cars enables transmission of data communications between the car
and other systems or devices. This opens up a wide range of possibilities, including
the prospect of conducting remote diagnostics based on real-time access to the
vehicle. Yet, as with any new technology, alongside its potential benefits, the use of
automotive telematics could also have potential downsides. This Article explores
the significant negative impact that the growing reliance on telematics systems
could have on competition in the market for repair services.
Our analysis highlights two main areas where the use of telematics for vehicle
diagnostics may pose a threat to competition and consumer choice. First, we focus
on the manner by which manufacturers communicate with their customers via the
telematics system. Due to the special relationship between car manufacturers and
their consumers, which is often based on trust and loyalty, alongside the “captive
audience” status of drivers, we argue that communications emanating from the
car’s telematics system could be deceptive. Second, we explore the negative impact
that the shift away from on-board diagnostics to telematics could have on
independent repair shops’ access to diagnostic information.
Fortunately, the law can adapt to keep pace with these new technological and
commercial developments. This Article articulates the combined multi-prong,
multi-agency policy approach needed to maintain an effective right to repair cars
in the new age of telematics. Among other things, our analysis supports an update
of state consumer protection legislation and an increased policing by the Federal
Trade Commission of practices employed by car manufacturers. In addition, we
highlight the need to consider certain amendments to intellectual property laws
that effectively aid car manufacturers in maintaining exclusive control over their
telematics systems and diagnostic data.
关键词：Cars; Automobiles; Telematics; Telecommunications; Repairs; Consumers; Manufacturers; Law reform
