“Right to repair” is in the news again, and most of the coverage leaves owners with the wrong impression — that their freedom to choose a shop is somehow up for grabs.
It is not. The answer to the question in this headline is anyone you choose, and that has been settled federal law for over fifty years.
What is genuinely being fought over in 2026 is narrower, more technical, and more important than it sounds: not whether you may use an independent shop, but whether the shop you choose can get at the data and tools it needs to do the work.
Those are two different things, and separating them makes the whole subject much easier to follow.
What is already settled, and protects you right now
The Magnuson-Moss Warranty Act, enacted in 1975, contains an anti-tying provision — Section 102(c) — that does most of the work here.
It prohibits a manufacturer from conditioning warranty coverage on the use of a brand-name part or service, unless that part or service is provided free of charge, or the manufacturer obtains a waiver from the Federal Trade Commission.
Here is the detail that tells you how strong that protection is. To get a waiver, a manufacturer has to satisfy the FTC that its own parts or services are genuinely necessary for the product to function, and that the waiver is in the public interest.
Three waiver requests have been made since 1975. All three were denied.
In practical terms, for your European car:
- Servicing at an independent shop cannot void your factory warranty. Using a non-dealer for scheduled maintenance is exactly what the anti-tying provision was written to protect.
- A warranty cannot require you to use manufacturer-branded parts — not unless they are being supplied free under the warranty.
- If a manufacturer wants to deny a claim, it must be able to demonstrate that the defect or damage was actually caused by the part or service it did not provide. “You went elsewhere” is not a reason. “This specific aftermarket part caused this specific failure” is.
And this is not theoretical. In 2015 the FTC settled a complaint against BMW for conditioning MINI warranties on the use of MINI dealers and genuine MINI parts. In 2018, FTC staff sent warning letters to automobile companies stating that such conditions violate the law.
So if anyone tells you that having your BMW, Audi, Mercedes or Volvo serviced at an independent shop will void the warranty, they are either mistaken or describing something unlawful.
What is actually being contested
The live fight is about data and tools, and it matters because a modern European car cannot be diagnosed without them.
| Settled since 1975 | Still being decided in 2026 |
|---|---|
| You may have your car serviced wherever you choose | Whether your shop can access the car’s telematics data |
| A warranty cannot require dealer service or branded parts | Whether that access is guaranteed at federal level |
| A manufacturer must prove a part caused a failure to deny a claim | Whether diagnostic tools and programming stay subscription-gated |
The practical reality today is that diagnostics, repair procedures and module programming mostly run through subscription portals controlled by the manufacturer. Independent shops can buy in — we do — but it is a recurring, per-brand cost. Official BMW diagnostic access alone runs in the region of $8,000 to $12,000 a year.
That is not a legal barrier. It is an economic one, and it is the reason the number of shops able to properly service a late-model European car is smaller than the number of shops willing to try.
Where the law stands, as of now
| Jurisdiction | Status |
|---|---|
| Federal — Magnuson-Moss Act, Section 102(c), 1975 | In force. Protects your choice of shop and your use of non-branded parts |
| Federal — REPAIR Act, H.R. 1566 | Advanced out of the House Energy and Commerce subcommittee on 10 February 2026 to the full committee. Not yet voted on by the full committee |
| Massachusetts | Requires a standardized open-access telematics platform from model year 2022. Automakers’ federal preemption challenge was dismissed |
| Maine | Law took effect 5 January 2025 but implementation stalled — the independent entity meant to administer data access was never established. The legislature reconvened in January 2026 to amend it |
| Washington | No state right-to-repair statute. Federal rules apply |
The REPAIR Act is the one to watch. As described by its supporters, it would give owners and the repairers they designate equal access to vehicle-generated data and diagnostic information, prohibit technological or contractual barriers that unfairly restrict independents from servicing newer vehicles, give owners control over who may access their vehicle’s data, and provide for federal rulemaking and oversight.
It has cleared a subcommittee. That is real progress and it is not a law yet.
Massachusetts and Maine are instructive in opposite directions. Massachusetts shows that a state telematics mandate can survive a legal challenge. Maine shows that passing the law and making it work are different problems.
Washington has no equivalent statute, so for owners here the federal position is the operative one.
What to do if you are ever told your warranty is void
This comes up, and it is worth knowing how to handle it in the moment.
- Ask for it in writing, naming the specific part or service and explaining how it caused the specific failure. That is the standard the manufacturer has to meet.
- Keep itemized invoices. Not totals — invoices naming the parts, the specifications and the mileage. This is the same record that protects your resale value, and it is the evidence that the right work was done to the right standard.
- Use the correct specifications. On European engines the oil approval matters more than the viscosity. Magnuson-Moss protects who does the work; it does not protect work done to the wrong specification.
- Know that the FTC enforces this, and has acted against a European manufacturer on precisely this point before.
When the dealer genuinely is the right answer
We are an independent shop, so weigh this accordingly — and then read it, because there are real cases, and pretending otherwise would be dishonest.
- Warranty repairs themselves. This is the lawful exception written into the Act: if the manufacturer is paying, it may require the work be done at its own facilities. That is entirely different from your scheduled maintenance, which you may have done anywhere.
- Recalls. Only a franchised dealer can perform a recall, because the manufacturer reimburses them for it. If you have one open, that is where to go, and it is free.
- Some brand-new models. When a car is genuinely new to the market, aftermarket tool coverage lags factory software. For a year or so, certain procedures are dealer-only in practice.
- Certain security functions. Immobilizer and key-related work is deliberately locked down, for reasons that are mostly good ones.
- And an honest caveat on us: no independent shop has factory-level capability across every brand it services. The ones worth using know exactly where their limit is and will tell you. Ask.
What this does not mean: that right-to-repair news should be read as independents being locked out. That is not what is happening, and the direction of travel — a bill through subcommittee, a state mandate upheld — is the other way.
Frequently asked questions
Does using an independent shop void my car’s warranty?
No. The Magnuson-Moss Warranty Act’s anti-tying provision, Section 102(c), enacted in 1975, prohibits conditioning warranty coverage on using a brand-name service or part unless it is provided free of charge or the FTC grants a waiver. Three waiver requests have been made since 1975 and all three were denied. The FTC settled a complaint against BMW over exactly this in 2015, concerning MINI warranties.
Can a manufacturer refuse a warranty claim because I used aftermarket parts?
Only if it can demonstrate that the specific part or service caused the defect or damage. The burden is on the manufacturer to show causation — not on you to prove innocence, and not simply because a non-branded part is present. Keep itemized invoices showing what was fitted and to what specification.
What is the REPAIR Act and has it passed?
It is federal legislation, H.R. 1566, that would give owners and their chosen repairers equal access to vehicle-generated data, diagnostic information and tools, and would bar technological or contractual barriers restricting independent service of newer vehicles. On 10 February 2026 a House Energy and Commerce subcommittee advanced it to the full committee. It has not become law.
Does Washington have a right-to-repair law for cars?
No. Washington has no state automotive right-to-repair statute, so federal law governs — which means the Magnuson-Moss protections apply, but there is no state telematics access mandate of the kind Massachusetts enacted.
Is there anything an independent shop genuinely cannot do?
Yes, and a good shop will say so. Recalls must be performed by a franchised dealer. Warranty repairs paid for by the manufacturer can lawfully be restricted to its own facilities. Immobilizer and key security work is deliberately locked down. And on very new models, aftermarket tool coverage lags factory software for a period. Everything else is a question of whether the shop has bought the access — which is an economic question, not a legal one.
Ask us what we can and cannot do on your car
The honest version of this conversation is specific to your vehicle. We will tell you what we have factory-level access for, what we cover with professional aftermarket tools, and the handful of jobs that genuinely belong at a dealer — including recalls, which are free there.
Advanced European Service in Kenmore works on Alfa Romeo, Audi, BMW, Fiat, Jaguar, Land Rover, Maserati, Mercedes-Benz, MINI, Porsche, Smart, Volkswagen and Volvo. We itemize parts and labor, record specifications and mileage on every invoice, and back our work with a 2-year/24,000-mile warranty.
Call 425-587-8479 or book online. 17511 68th Ave NE A, Kenmore, WA 98028.