contain information pertaining to the cells’ internal chemistries or the products for which they were designed.[1] The use of 18650 cells with the same form factor but different internal chemistries creates the risk that a replacement 18650 will have a different internal chemistry from the original 18650, placing individuals and independent repair shops at risk of inadvertently causing thermal runaway events.
The use of glue to fasten polymer cells into mobile phones and other devices also increases the risk that the cells will be punctured when they are removed by individuals and independent repair shops that do not have access to specialized solvents or tools.[2] These practices reduce the ability of individuals and independent repair shops to remove and install appropriate replacement lithium ion cells in consumer devices.
Many modern vehicles come equipped with telematics that monitor the status of the car and relay that information to a central location.[3] Numerous commenters asserted that these telematics systems serve as a relatively new way of limiting independent repair access and consumer choice in the auto repair industry. As LKQ Corp. and MEMA described in their submissions, telematics systems, which “provide remote, real-time communications between a vehicle and a remote third party,” are currently only accessible by the vehicle manufacturers.[4] This exclusive possession of information by manufacturers, LKQ Corp. asserted, limits consumers and independent repair shops because:
Vehicle manufacturers retain exclusive insight in vehicle operations and diagnostics systems[, v]ehicle manufacturers control the telematics system for marketing purposes. Information and advertisements sent by the vehicle manufacturer can appear on the information display[, and f]ollowing an accident, vehicle manufacturers can steer the consumer, perhaps unwittingly and at the time when they are most vulnerable, to a dealership or loyal repair facility….[5]
The Auto Care Association also asserted that if every manufacturer creates a unique system for accessing telematics vehicle repair data, “it will be difficult for aftermarket tools to
- ↑ The labels on the 18650s seen by staff simply stated “18650.”
- ↑ “[W]hen crushed, punctured, ripped or dropped, lithium-ion batteries can produce what the industry euphemistically calls a ‘thermal event.’ It happens because these batteries short circuit when the super-thin separator between their positive and negative parts gets breached.” Geoffrey A. Fowler, The explosive problem with recycling iPads, iPhones and other gadgets: They literally catch fire. The Washington Post, Sept. 11, 2018, https://www.washingtonpost.com/technology/2018/09/11/explosive-problem-with-recycling-ipads-iphones-other-gadgets-they-literally-catch-fire/.
- ↑ Telematics enable manufacturers to provide beneficial services to consumers such as, parking assist, vehicle maintenance warnings, and navigation and emergency support.
- ↑ LKQ empirical research, at 18; MEMA empirical research, at 14–15.
- ↑ LKQ empirical research, at 18–19; MEMA empirical research, at 14–15.
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