energized because they retain a powerful charge for some time even after unplugged.”[1] The National Association of Manufacturers (“NAM”) similarly explained that many consumer electronic products “contain parts that may pose serious safety risks to the physical well-being of consumers when repaired by anyone but an authorized expert.”[2] The Computing Technology Industry Association (“CompTIA”) explained that the presence of high-energy lithium batteries in products compounds these safety risks because “[i]mproper alterations or handling of such high-risk components could potentially lead to serious injuries such as burns or blindness.”[3]
Manufacturers further assert that unauthorized repair presents a safety risk for a device’s user, not just its repairer. CompTIA stated that an improperly repaired device could harm a consumer long after the repair, noting that “an Internet-connected smoke detector, carbon monoxide detector, or fire alarm that has not been repaired properly could easily malfunction.”[4] PRBA described how an improperly repaired device could even injure numerous people in the vicinity of the device, quoting a report from the Australian Transport Safety Bureau about a 2011 incident involving a mobile phone that experienced a thermal runaway on an airplane:
The report from the investigation included the following: “The technical examinations found that a small metal screw had been misplaced in the battery bay of the mobile telephone; the screw puncturing the battery casing and causing an internal short circuit leading to heating and thermal runaway. It was probable that the screw had been misplaced during an earlier repair carried out on the telephone. That repair had not been conducted by an authorized service provider. This investigation highlights the risks associated with the use of non-authorized agents for the repair of lithium battery-powered devices….”[5]
The Association of Home Appliance Manufacturers also described additional safety concerns in connection with service technicians entering a person’s home.[6] For example, AHAM noted that property damage may result if services are not performed correctly, and that manufacturers “generally have processes and procedures in place that track repairs completed through their service networks.” AHAM also noted that “in addition to the numerous technical and safety certifications service technicians must hold, manufacturers require complete background checks and drug screening for all technicians working for affiliated servicers” and that this “provides a layer of security to customers as well as a layer of traceability for manufacturers.”[7] By contrast, AHAM stated that
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