The law also gives a consumer the right to hire an independent repair shop or car dealer to directly access such mechanical data for the limited purposes of vehicle diagnostics, maintenance, and repair.
The law requires a car dealer who sells or leases a motor vehicle containing a telematics system to provide the motor vehicle telematics system notice to the prospective owner, obtain the prospective owner’s signed certification, and provide a copy of the signed notice to the prospective owner. The motor vehicle telematics system notice is available here.
A vehicle’s telematics system collects information generated by operating the vehicle and wirelessly transmits that information to another device where the information is stored. The law refers to this information as “telematics system data.”
Mechanical data refers to vehicle-specific data, including telematics system data, generated, stored in, or transmitted by a motor vehicle that is used for or otherwise related to the diagnosis, repair, or maintenance of the vehicle. The type of mechanical data available through telematics will vary depending on the vehicle, but can come from sensors on many vehicle parts, such as the airbags, battery, engine and/or motor, transmission, brakes, or tires.
Section 6 of chapter 93K permits an owner, or independent repair facility authorized by an owner, who has been denied access to mechanical data to initiate a civil action seeking any remedies under law, including any remedy authorized by the Consumer Protection Act, chapter 93A.