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Smart gadgets’ failure to commit to software support could be illegal, FTC warns [arstechnica.com]:

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Makers of smart devices that fail to disclose how long they will support their products with software updates may be breaking the Magnuson Moss Warranty Act [ftc.gov], the Federal Trade Commission (FTC) warned this week.

The FTC released its statement after examining 184 smart products across 64 product categories, including soundbars, video doorbells, breast pumps, smartphones, home appliances [arstechnica.com], and garage door opener controllers [arstechnica.com]. Among devices researched, the majority—or 163 to be precise—"did not disclose the connected device support duration or end date" on their product webpage, per the FTC's report [PDF [arstechnica.net]]. Contrastingly, 11.4 percent of devices examined shared a software support duration or end date on their product page.

Elusive information

In addition to manufacturers often neglecting to commit to software support for a specified amount of time, it seems that even when they share this information, it's elusive.

For example, the FTC reported that some manufacturers made software support dates available but not on the related product's webpage. Instead, this information is sometimes buried in specs, support, FAQ pages, or footnotes.

The FTC report added:

... some used ambiguous language that only imply the level of support provided, including phrases like, “lifetime technical support,” “as long as your device is fully operational,” and “continuous software updates,” for example. Notably, staff also had difficulty finding on the product webpages the device’s release date …

At times, the FTC found glaring inconsistencies. For example, one device's product page said that the device featured "lifetime" support, "but the search result pointing to the manufacturer’s support page indicated that, while other updates may still be active, the security updates for the device had stopped in 2021," per the FTC.

Those relying on Google's AI Overviews may also be misled. In one case, AI Overviews pointed to a smart gadget getting “software support and updates for 3–6 months." But through the link that AI Overviews provided, the FTC found that the three to six months figure that Google scraped actually referred to the device's battery life. The next day, AI Overviews said that it couldn't determine the duration of software support or updates for the gadget, the FTC noted.

Potentially illegal

In its report, the FTC encouraged law enforcement and policymakers to investigate whether vendors properly disclose software support commitments. The government agency warned that not informing shoppers about how long products with warranties will be supported may go against the Magnuson Moss Warranty Act:

This law requires that written warranties on consumer products costing more than $15 be made available to prospective buyers prior to sale and that the warranties disclose a number of things, including, “a clear description and identification of products, or parts, or characteristics, or components or properties covered by and where necessary for clarification, excluded from the warranty.”

The FTC also noted that vendors could be in violation of the FTC Act if omissions or misrepresentations around software support are likely to mislead shoppers.

The FTC's research follows a September letter [arstechnica.com] to the agency from 17 groups, including iFixit, Public Interest Research Group, Consumer Reports, and the Electronic Frontier Foundation, imploring that the FTC provide "clear guidance" on "making functions of a device reliant on embedded software that ties the device back to a manufacturer’s servers," aka software tethering.

Speaking to Ars Technica in September, Lucas Gutterman, the Designed to Last campaign director with the US PIRG Education Fund and one of the letter's signatories, expressed optimism that the FTC would get involved, like when it acted against [ftc.gov] Harley-Davidson in 2022, saying that it was using warranty policies to limit customers right' to repair illegally, or when it investigated the 2016 shutdown of Nest Labs' Revolv Smart Home Hub. [businessinsider.com]

In response to the FTC's report this week, Gutterman pointed to initiatives like repair scores as potential remedies.

“When we don’t own what we buy, everything becomes disposable, and we get stuck in a loop where products keep dying and we keep buying," he said.

As more devices join the Internet of Things, the risk of consumers falling victim to flashy marketing that promises convenient features that could be ripped away through lack of software support becomes more concerning. Whether it's dealing with bricked devices [arstechnica.com] or the sudden removal of valued features [arstechnica.com], owners of smart devices—from smart bassinets [arstechnica.com] and Pelotons [arstechnica.com] to printers [arstechnica.com], indoor gardening systems [arstechnica.com], and toothbrushes [arstechnica.com]—have all faced the harsh realities of what happens when a vendor loses interest or the ability to support products likely sold at premiums [arstechnica.com]. Some are tired of waiting for vendors to commit to clear, reliable software support and are hoping that the government creates a mandatory path for disclosure.

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