By on November 8, 2021

Subaru Legacy 2018 Logo Emblem Grille

Subaru of America will be canceling Starlink telematics subscriptions on all new 2022 vehicles sold in Massachusetts thanks to the state having an amended right-to-repair law that’s wildly unpopular with global automakers. If you’ve been following our coverage, Massachusetts has become ground zero for consumer advocacy groups, independent repair shops, and car buyers that have grown concerned with the industry’s increased interest in data hoarding.

The argument is that the automakers are now building vehicles that violate customer privacy — by wirelessly transmitting information back to manufacturer data farms — while also setting them up to make independent repairs nearly impossible. This resulted in an extended legal battle where the Alliance for Automotive Innovation (AAI) went to bat to ensure the industry retained this lucrative venture. But it was stymied by the grassroots campaign launched against it. Massachusetts’ updated law currently requires all vehicles sold within the state (from the 2022 model year onward) using telematics systems to be equipped with a standardized, open-access data platform that would allow customers and unaffiliated mechanics to gain access. 

Subaru’s problem is that no such standardized system yet exists, forcing it (and eventually other brands) to have to nix its Starlink telematics offerings and related data harvesting.  The AAI represents most major manufacturers, including Subaru, and has already launched a federal lawsuit on the grounds that Massachusetts rules are in conflict with national laws. U.S. District Court Judge Douglas Woodlock is expected to have made a formal ruling on the situation this month. However, Massachusetts Attorney General Maura Healey (Ed. note — No relation that I know of.) filed a motion seeking to introduce Subaru’s cancellation as evidence in the case in October, arguing that it contradicted claims by the AAI that disabling telematics (e.g. Subaru’s Starlink or General Motors’ OnStar) would be effectively impossible and ruin their ability to sell automobiles in the state. This has reportedly slowed things down and given Woodlock more to consider.

Frankly, your author has been on the side of the right-to-repair movement since day one. I’m not in the Alliance for Automotive Innovation’s corner on this one and cannot even pretend I’m an unaffiliated party. But I do see some negative ramifications for the industry if the federal case ends up supporting Massachusetts.

For starters, the automotive industry has dumped a literal fortune into building data centers while simultaneously setting up vehicles to transmit consumer and driving data back to those information hubs. Numerous automakers (e.g. General Motors) have likewise shown presentations stating that data acquisition would soon become an important revenue source for the industry. The right-to-repair movement is throwing a massive wrench into these plans, one that would undoubtedly limit their scope. Combined with data privacy laws that are establishing a new legal precedent in California, they might even have to cancel data harvesting altogether.

While this is fine with yours truly, it does present unique problems for the kind of data companies are currently using to evolve advanced driving aids and the prospective self-driving car. But those programs all seem to be so far behind the mark already that it’s honestly a little difficult to care. The real impact will be the financial handicap that comes with an inability to harvest and then sell customer data to commercial partners. But we’re too far out to even guess what the final outcome will be. For now, it looks as though vehicles in at least one state will have to lose a few features so that customers can retain some privacy and eventually work on their vehicles without the manufacture peering over their shoulder or telling them it’s just not possible.

[Image: Subaru]

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51 Comments on “Right-to-Repair Victory Forces Subaru to Tweak Things in Massachusetts...”


  • avatar
    Steve Biro

    “While this is fine with yours truly, it does present unique problems for the kind of data companies are currently using to evolve advanced driving aids and the prospective self-driving car. But those programs all seem to be so far behind the mark already that it’s honestly a little difficult to care. The real impact will be the financial handicap that comes with an inability to harvest and then sell customer data to commercial partners.”

    That basically sums it all up, Matt. I don’t want those driving aids (they don’t work well anyway) and I don’t want self-driving cars. And I REALLY don’t want the automakers harvesting and selling information about where and how I drive.

    It’s not my problem that the automakers decided this was going to be the Next Big Thing in revenue generation. Perhaps the financial sting will chasten them when they get similar ideas in the future.

    • 0 avatar
      SCE to AUX

      +1, well said.

    • 0 avatar

      It is not about what you want, it is about what Government and big corporations want. If you want free content you have to share information.

      • 0 avatar
        Ol Shel

        You paid for the content when you bought the car. I don’t know why so many people think that they have no choice but to go along with the data harvesting/selling schemes (Oh wait, yes I do. It’s because they live in fear of the powerful, and believe that lining up behind the biggest bullies will provide protection…maga)

        In the end, Americans will not have privacy because mega-corporations have invested too much in infrastructure and politicians to allow it.

        Funny how SoCiAlIsT Massachusetts is the only state with this consumer protection…but don’t fall for it. It’s gotta be a Communist trick!

        • 0 avatar
          mcs

          “Funny how SoCiAlIsT Massachusetts is the only state with this consumer protection…”

          Actually, it makes sense. Capitalists would say that corporations should be allowed to do what they want and the government shouldn’t be telling them they can’t track their customers.

      • 0 avatar
        Matt Posky

        One could make the argument that it’s “free content” on Facebook or Twitter since you’re not formally paying them for the service. That argument cannot be made on a $35,000 automobile that you’re paying off (with interest) for the next six or seven years.

    • 0 avatar
      cleanOnTheInside

      I keep hoping that next big thing with cars is retrofitting through manufacture. At some point, the environmental impact of all the dumped cars is going to get attention. Would be great if I could keep my current car for 20 years, and in between those times, pay a few thousand here and there to upgrade the tech, or electrify some of the mechanics. A HUGE undertaking, I know, I know – but with foresight and a fire to their asses … maybe

  • avatar
    jkross22

    I know next to nothing about Subaru, its vehicles or its leaders. I have no opinion on the company or its products. The last time I recall reading anything from Subaru had to do with a flying vagina grill.

    Until today.

    F*** them.

    “The real impact will be the financial handicap that comes with an inability to harvest and then sell customer data to commercial partners.”

    F*** them, too.

    This topic of right to repair is clearly much bigger than being able to replace your phone screen or buying a part for a broken dishwasher. When I buy or lease a car, it’s mine. If you want data that is being collected by my activities using that car, ask me and pay me. If you don’t want to do that, then piss off. Or tell me and I’ll buy a different car.

    I’ll say it again…. When I’m buying or leasing a car, it’s mine.

    This would be like buying a house, and allowing the prior owner to put Amazon Alexa devices in each room, sell my data to the highest bidder and cut me out of the transaction. It’s a privacy issue, a ‘who owns what’ issue. That this even has to be stated is unbelievable.

  • avatar
    Lou_BC

    “They” don’t need to know that I drive to and from work and often on a daily basis am outside of any cell phone coverage.

  • avatar
    Tele Vision

    I wouldn’t buy a refrigerator or toaster that tracked my movements so why would I buy a car that does – a car that I can’t wrench on? Bespoke tooling and fasteners were just the start, I guess.

    The Volvo fasteners with the pentagon recess containing a post are easy to defeat: Hammer the post flat with a punch then Dremel some slots that a Phillips bit can grab.

    I’ve mentioned before my genius technique for disabling Onstar: literally cutting the cable. Works fine.

    • 0 avatar

      Data may help you in case of emergency, accident, crime or reducing auto insurance premiums.

      • 0 avatar
        Tele Vision

        @Inside

        I carry two phones and my current commute is nine miles. I’m 51 years old and have had one speeding ticket in my life – it was a doozy, though. Of the five vehicles I own not one has ‘connectivity’ and I’m happy with that. Happy enough to go back to carbs on some of my next buys.

      • 0 avatar
        Ol Shel

        Trackers allow insurance companies to charge even more to those who drive aggressively and those who refuse to be tracked. It will never result in a discount.

        • 0 avatar
          Art Vandelay

          And don’t worry…that device which you are putting in your vehicle’s diagnostic port and giving access to your car’s control systems and allowing to talk on the internet was totally designed with security in mind and not cranked out in China at the lowest cost possible by people that never gave security a second thought.

    • 0 avatar
      mcs

      “The Volvo fasteners with the pentagon recess containing a post are easy to defeat:”

      They sell the drivers on amazon and at the freight harbor. Even easier.
      https://www.harborfreight.com/7-pc-star-tamper-proof-key-set-97471.html

  • avatar
    ToolGuy

    Re: Right-to-Repair

    The camera went out (buzzy mosquito failure mode) on my spouse’s several-years-old sealed-for-life iPhone. She looked around a little and decided she didn’t want a new phone yet. So we scraped together a hundredish bucks and ordered a Clearly Inferior Chinese camera to replace the All-American Hand Crafted Probably By The Amish camera which was original to the phone. And a battery, because I wasn’t going to open the phone without replacing the battery (batteries kind of suck for longevity).

    [Kind of like I replaced the fuel pump on my nephew’s truck while replacing the rear springs, because you have to drop the fuel tank to properly access one of the leaf spring bolts, and if I drop the tank it’s getting a new pump – because mileage (and laziness).]

    ANYWAY, exactly 23 hours after putting the iPhone back together, it burned our house to the ground, along with 37 other homes in our neighborhood (because we are all Interconnected). 38 families now homeless (and smoky), because I didn’t Trust the Experts.

    Please, please do not try to repair your own stuff. Think of the children. (Cut to American flag waving over Apple logo. Camera zooms out to show the superyacht Venus.)

  • avatar
    EBFlex

    Matt Posky is in favor of right to repair.

    TTACs so-called “B&B” are then completely against right to repair.

  • avatar
    mcs

    I voted for our right-to-repair bill and the expansion bill. The opposition actually had ads out showing hooded hackers randomly killing people by taking over their cars. So ridiculous, but the voters saw through their BS. Never knew we’d get the added bonus of eliminating tracking. It would have received way more votes if people realized that.

    • 0 avatar
      Art Vandelay

      I hadnt heard about the hooded hacker ads lol. Sort of ironic given that the only widely publicized fully remote exploitation of a vehicle happened because FCA decided it was a good idea to have the infotainment suite, which had access to the vehicle’s CAN busses internet connected with no real segmentation. I love that organizations that can’t even provide 1990’s level security are so concerned about my car getting hacked.

  • avatar
    downunder

    In Australia, we already have the “right to repair” built into the consumer laws, which expressly states that your car warranty is NOT voided if you use any qualified and certified mechanic/car repair service which then uses OEM or equivalent parts, etc. In fact, my new car came with a statement like that in the warranty booklet. What they didn’t state is that to reset any of the service/fault indicators would take a specific scan tool, which at last count was around $4000.00 which few independents would invest in just service an orphan brand.
    So the data is freely available for non-OEM repairs, but, it’s going to cost me to reset the service indicators. Perhaps the car manufacturers will resort to this, $100.00 an indicator reset.

    • 0 avatar

      This is essentially what it is in Mass now. The automakers have to sell their proprietary tools to independent mechanics. Most auto makers already do this but like you say with large markups. (I know a local foreign car shop that pays several grand a year to keep Volvo and VW tools working also know a body shop that did the same for MB tools) In Mass Tesla kind of spurred the laws as they refused to sell their proprietary tools to independents, even if they paid alot for them. Certain things are just crazy like BMW requiring a scan tool to install a 12v battery.

  • avatar
    downunder

    In Australia, we already have the “right to repair” built into the consumer laws, which expressly states that your car warranty is NOT voided if you use any qualified and certified mechanic/car repair service which then uses OEM or equivalent parts, etc. In fact, my new car came with a statement like that in the warranty booklet. What they didn’t state is that to reset any of the service/fault indicators would take a specific scan tool, which at last count was around $4000.00 which few independents would invest in just service an orphan brand.
    So the data is freely available for non-OEM repairs, but, it’s going to cost me to reset the service indicators. Perhaps the car manufacturers will resort to this, $100.00 an indicator reset.

  • avatar
    Jeff S

    If I ever thought about buying a Subaru this would be the one thing that would ever keep me from buying one. I paid for my vehicles and I do not want to be totally dependent on the manufacturer. I feel the same way about John Deere and I know some farmers who will only buy older equipment because it is less complex and they are not bound by right to repair. This is similar to Monsanto with their Round Up Ready seed and their total ownership and control of any seed of theirs that might be accidentally spread to other farms that do not buy their seed.

    • 0 avatar
      Matt Posky

      To be fair to Subaru, this stuff isn’t limited to them. Most major manufacturers have lunched similar programs by now, including domestics. GM was one of the first automakers to publicly talk about its plans for customer data and how it would begin testing new revenue steams/commercial partnerships. Ford wasn’t far behind and I assume that just about every manufacturer has followed to varying degrees.

      • 0 avatar
        DenverMike

        It’s our own fault and auto jounros are just puppets for automakers.
        Are there any automakers not playing these stupid games? We can applaud them but does anybody care?

        • 0 avatar
          ToolGuy

          ‘automotive journalists are just puppets for automakers’

          Attractive, well-fed and incredibly hip puppets.

          • 0 avatar
            ToolGuy

            I was once in the same room as Angus MacKenzie (and his flowing locks).

            [sorry, can’t write more at the moment, feeling a bit verklempt]

        • 0 avatar
          Matt Posky

          I think many auto journalists are indeed puppets, albeit unwittingly sometimes. The problem is that the industry kind of courts us while also coyly threatening to remove the access we need to do our jobs. There’s a constant stream of press releases pre-framed how they’d like us to report things. First-drives often include fancy meals and nice hotels, in addition to getting some sweet access to the engineers. Meanwhile, PR and marketing reps are there to ensure you’re happy and getting the right ideas about the product. Automotive media kind of lives like a leach on the manufacturers and if they don’t think it’s symbiotic, they will try to flick you off. This results in many journalists engaging in self censorship because they’re worried about angering manufacturers or peers that will come after them for going against the preferred narrative.

          While there really aren’t any mainstream brands that have said no to data harvesting, the level of involvement varies. For example, FCA was well behind Ford and GM in terms of data harvesting. But it’s not ignoring industry trends and will undoubtedly catch up as Stellantis. The whole industry became obsessed with becoming “data companies” somewhere around 2015 and the assumption has since been that if an automaker didn’t evolve to become more like cell phone firms and social media platforms, it would die. The irony is that in 2021 the brunt of the industry can now track your whereabouts within a few feet but is totally incapable of reliably building their core products because they’ve outsourced manufacturing and prioritized building data centers.

    • 0 avatar

      The John Deere thing is a mess. Plenty of people still buy them, as kind of the last American tractor maker out there, but honestly my local dealers seem to be mostly selling smaller stuff to home owners then to farmers.
      I have a few friends that farm and they have some older Deere but their newer equipment is noticeably not John Deere Green (New Holland Kubota etc). The fact is most of these guy fix at least some percentage of stuff themselves and while they really prefer to buy American they won’t if they can’t fix it.

  • avatar
    Funky D

    “For starters, the automotive industry has dumped a literal fortune into building data centers while simultaneously setting up vehicles to transmit consumer and driving data back to those information hubs.”

    I’m all brokenhearted about it if they can’t harvest what isn’t theirs to begin with. It is none of their business what I do after the sale, as long as I don’t carelessly break something and then expect them to pay to fix it.

    Right-to-repair is a thing that needs to happen yesterday.

  • avatar
    Flipper35

    There is only one condition I can see where they would be able to harvest data from you and your car. They would have to pay a monthly fee to each owner after the owner signs a contract with the terms and conditions. A good starting fee would be $800-$1000 per month depending on the data acquired.

  • avatar
    haze3

    General right-to-repair is a no-brainer. Data harvesting (i.e. beyond what’s required to troubleshoot the car) is the issue, yes?

    If the car maker is data harvesting personal info (e.g. location tracking), then are they doing it legally via small-print in the purchase/warranty docs or are they just doing b/c they can.

    If the former, then the problem with r2r is that third parties (e.g. local garages) do not have legal permission to access the personal data, so the harvesting must be scrapped if r2r happens. If the latter, then the problem for the car-maker is loss of exclusivity and r2r just reduces the value of the data but the customer loses even more than before (i.e. data now accessed by more parties).

    Which is it?

  • avatar
    Dave M.

    My daughter’s 2018 Rogue lets you turn the data transmission off (I’m skeptical about the ‘off’ thing), and reminds you of your choice every time you start up.

    Didn’t realize my ’13 Outback’s Starlink has been gathering intel on me. I’ll look for an off button this afternoon.

  • avatar
    IBx1

    I’d like to know what mental gymnastics they’re doing to show this has any benefit to the customer.

    With Alexa/Google you get to ask about the height of Mt. Everest in exchange for constant 24/7 monitoring, profiling, and advertising of/to you and your family. With this you get what, an average GPS speed beyond what can be calculated directly from the wheel speed sensor?

  • avatar
    el scotto

    OK to everyone wringing their hands and gnashing their teeth. I had the Allstate OBD reader and my rates went down. Now I have the Allstate app on my phone.

    Now suck some air between your teeth. Your cell phone is legally a radio, not a landline, a radio. You’re being tracked via your telephone. Your GPS? Yep, you’re being tracked. You paid for being monitored.

    Art was correct about your wireless OBD reader has no security, zero. I drive a Lexus, all of my repair info goes to Carfax and Toyota/Lexus. I don’t know if you can opt out, don’t care; never asked. I also agree that any vehicle probably has “Oregon Trail” levels of cybersecurity.

    This is gonna hurt some feelings. There isn’t an evil cabal of GPS Tracking, cell phone tracking, and credit/debt cards working together. Yet. Imagine this evil cabal working together: Your debit card knows you bought a large amount of groceries on Sunday. It’s Thursday and you’re driving by your local strip mall. Your cell phone gets a text saying milk is on sale at the grocery store. You bought a gallon of milk on Sunday, you might be running low. This isn’t happening as of yet. It’s not a profitable business venture yet. Coders work real cheap in Mumbai.

    • 0 avatar
      Lou_BC

      Agreed. People freak out over car data but most have a cell phone. “They” already adjust traffic lights based upon cell signals. There is insufficient computing capacity to monitor all of our vehicles.

    • 0 avatar
      CoastieLenn

      I love that you brought this up. You’re exactly right. Was it 60 Minutes or Dateline that did an expose on cell phone tracking data? They had a person go on a walkabout thru NYC or some other sprawling metropolis with an iphone in one pocket and an android (Samsung IIRC) in the other. For hours, this person lived their daily life with the phones in different modes. Powered on and tracking normal activity, powered off entirely, in airplane mode, with GPS on, with GPS off, etc. They then took those phones to some tech guru who plugged them into a laptop and… WHODATHUNKIT that BOTH phones were logging locations EVEN WHEN POWERED OFF. Hell, IIRC the iphone transmitted something like 60 stored data points as soon as the phone was taken out of airplane mode. The Samsung was transmitting data when powered off. They’re collecting your info even when they have been told to TURN OFF.

      We’ve made ourselves ok with this. People need to stop selectively complaining about which form this farming takes while electively loving an arguably more damaging one.

    • 0 avatar
      Matt Posky

      GM pitched this exact concept a few years ago: thetruthaboutcars.com/2017/12/gm-adds-digital-marketplace-autos-onboard-purchasing/

      Other brands have since followed: thetruthaboutcars.com/2019/01/honda-dream-drive-in-car-shopping-marketing-gamification/

  • avatar
    DenverMike

    The problem is us, automakers are just doing what they’re supposed to. The industry has been stagnant or declining in the last few years and it’s not looking up.

    More and more of us are growing a pair and telling them where to stick it! In unrelated news, the auto aftermarket is growing exponentially.

  • avatar
    renewingmind

    This whole article is a giant advertisement. It reads “DON’T BUY A NEW CAR” in flashing letters.

    I absolutely want no part of any automobile tracking anything about me. Our privacy protections are evaporating before our very eyes. As for right to repair, that’s just straight up BS on the part of the manufacturers trying to force people to use the factory service when it can’t compete on its own merits. No. Just..no.

    Joel

  • avatar
    Jeff S

    Many of the farmers are telling John Deere where to stick it. Used farm equipment around where I live is in short supply and going for record prices. Eventually most manufacturers will push for restricting repairs to authorized factory repair and will probably get it.

  • avatar
    DenverMike

    Selling you the vehicle is just the hook. Then comes the subscription, starting with paint sealer, alarm, extended warranty and other junk.

    Yes I’ve bought new vehicles, as cheap as possible, get out the door and never come back, not even for “Free” oil changes.

    Is that still possible?

    I don’t want them touching it and I fix minor problems myself that would be warranty claims. The last I checked, I can do my own maintenance and keep the warranty intact. Yes they’re not getting a penny out of me after the sale.

    • 0 avatar
      FreedMike

      Yes, it is still possible. You just turn down the stuff they want to sell you with the “connected car” program, the way I did last June when I bought a car.

      They do keep trying to sell me in-car wifi, and the “we’ll track your driving habits so we can hook you up with an insurance company” thing. Passed on the first and I’ll never go with the second unless I have a real big gun to my head.

    • 0 avatar
      SoCalMikester

      just mention how much the FI persons eames chair retails for. expensive chairs only go to the people who PRODUCE.

  • avatar

    Don’t buy a Benz if you care about right to repair.

    My C class has the state of the art, wonderful, amazing Multibeam LED. In crippled USDOT spec they are the best lights I’ve ever had. When I flashed them to Rest of World fully beamforming tech, just wow….having an active beam allows great light with zero glare of other users….and a different pattern for fog lights….but I digress.

    Deer jumps in front of car on a bright and clear Sunday.

    Body shop replaces light and LED bank. They have to send the car out to an independent shop who has the very expensive Benz software. There, they re-flash the whole system (I lose the euro programming), and have to marry the vin number of the headlight module to the car. You have to contact the Benz computer in Germany for permission, and it blanks any non OE software..folks lose tunes and such all the time. Luckily I still have the module….for later.

    I get the car back. Lights work OK in US spec, but aren’t aimed. No problem, where’s the screw ?

    No screw.

    You need, per Hella, a machine to do this. Benz requires you to hook the car to Xentry, the $35k computer to program it. Put car on alignment rack. Move two headlight readers the right distance, adjust both high and low beams to an exacting standard….at least that is what Hella thinks will happen, not the trained monkeys at the benz dealer the car is at now.

    This will be a second attempt but I think they wall-jobbed the car first time, or the system is still in some default mode.

    In a very long driving career, I’ve always tweaked and aimed headlights….the Multibeam System is truly cutting edge, but you can’t even aim them in your own driveway…..

    • 0 avatar
      FreedMike

      This story should be printed out and placed on the driver’s seat of every off-lease Benz.

      Until Ze Germans come out with a CPO warranty that covers the loan period, I’ll take a hard pass on any used German luxury cars. Been there, done that.

      • 0 avatar
        Jeff S

        After hearing of the bad experiences with German and European vehicles I would never buy one. If I wanted to buy a new luxury vehicle or a slightly used one I would buy either a Lexus or an Acura. I currently have a low mileage 2012 Buick LaCrosse Premium I bought from a neighbor 2 years ago and that is luxury enough for me for a long long time.

  • avatar
    Roader

    “The argument is that the automakers are…setting them up to make independent repairs nearly impossible…Massachusetts’ updated law currently requires all vehicles sold within the state (from the 2022 model year onward) using telematics systems to be equipped with a standardized, open-access data platform that would allow customers and unaffiliated mechanics to gain access.”

    Like OBD2. That’s a good thing. Can you imagine if each manufacturer had a completely different, proprietary OBD2 interface and code set? It would be a mess.

    Good for Massachusetts. I think the automakers protest too much.

  • avatar
    X7C00

    Telematics is bad enough if it were harmless, hidden, and free. But it is not free, not helpful and potentially harmful. Let’s start with how does one appeal bad data? How does one know that this mechanical accuser is reporting accurately? I can’t believe the telematic collection part is very good. I had a bad experience with the Toyota version of this junk when Toyota sent a tow truck to Richmond Va. instead of Philadelphia twice in one long night last winter after my tire blew. They couldn’t understand that I was in Philadelphia and kept asking me if I was sure I was in a city I grew up in and lived nearby. I finally called AAA which I should have done to begin with. My neighbor also used his Camry emergency button in his driveway when his Hybrid wouldn’t start, again near Philadelphia, and his tow truck also called him from Richmond 300+ miles away looking for him. This junk is free for the first year. Now they want to charge 8 bucks a month for the emergency service and 8 bucks for the remote start App. No thanks. I guess they will still collect data even if I don’t pay. Hopefully they know simple things like where on earth I am.

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