Subaru disables Starlink in Massachusetts new cars amid right-to-repair fray
Subaru of America has disabled its
Starlink telematics subscription service on all new 2022 vehicles sold or housed in Massachusetts so it doesn't violate an amended
right-to-repair law that is the subject of a dispute in federal court between the state and the Alliance for Automotive Innovation.
Dominick Infante, director of communications for Subaru of America, confirmed to
Automotive News that the decision to disable Starlink in Massachusetts was implemented before those new vehicles began arriving in the state's 21 Subaru dealerships, which are served by distributor Subaru of New England.
"This was not to comply with the law — compliance with the law at this time is impossible — but rather to avoid violating it," Infante said in a written statement last week. "The reason for this action is simple: The data platform that the new law requires to provide the data does not exist and will not exist any time soon. Until such a time as that platform can be developed, and Subaru can redesign its telematics hardware and software to comply with the new law's requirements, we feel that this is our only option."
At issue is an update to the Massachusetts right-to-repair law enacted by voters a year ago that expanded access to data related to vehicle maintenance and repair. The updated law required makers of vehicles sold in the state to equip vehicles that use telematics systems — which collect and wirelessly transmit mechanical data to a remote server — with a standardized, open-access data platform, beginning with the 2022 model year. It also gave vehicle owners and independent repair shops access to real-time information from the telematics, such as crash notifications, remote diagnostics and navigation.
Weeks after the law was passed, the Alliance for Automotive Innovation
filed suit in federal court to block the law, calling it "unenforceable because it is unconstitutional and because it conflicts with federal laws." The group, of which Subaru is a member, also asked the court to "temporarily and permanently enjoin enforcement" of the law.
U.S. District Court Judge Douglas Woodlock had been expected to issue a ruling as early as this week. However, on Oct. 22,
Massachusetts Attorney General Maura Healey filed a motion seeking to introduce Subaru's blocking of Starlink as evidence in the case, arguing that it contradicted claims by the alliance on behalf of its members that disabling telematics systems such as Starlink or General Motors' OnStar was a "practical impossibility." Woodlock has yet to issue an opinion in the case.
In July, the Biden administration weighed in on the broader issue of right to repair,
urging the Federal Trade Commission to issue rules on repair restrictions by all manufacturers across industries. In Massachusetts, automakers could face potential fines of up to $10,000 per vehicle for violating the updated right-to-repair law, if it is upheld in court.
Disabling Starlink, which Subaru of America offers as an optional subscription service, does not otherwise impact or alter the operation of a vehicle's infotainment or safety systems, Infante confirmed.
He told
Automotive News in an email that "the impossibility of complying with the new law is a disservice to both our retailers and our customers. We should also state that access to telematics data from Subaru vehicles is not necessary to diagnose or repair a Subaru vehicle. In addition, Subaru's existing telematics system does not provide vehicle diagnosis or repair data to our retailers. We look forward to working towards a solution that keeps our customers happy and provides all the services they expect from Subaru vehicles."
