ODOMETER TAMPERING AND FRAUD
This site is devoted to odometer fraud and odometer rollback claims. We provide a free consultation on your odometer tampering or fraud claim. The cost and value of a vehicle is based upon its mileage. Under federal law, an automobile dealer is required to state the mileage on a used or new vehicle or state that the odometer reading is unknown. When the odometer statute is violated, a legal claim can be made for:
1) violation of the state consumer fraud or deceptive practices statute,
2) violation of the federal odometer law, and its regulations,
3) breach of express and implied warranties.
Dealers practice the 4 D's, delay, deny, distract, and deceive. To respond to these tactics, it is generally useful to have an attorney experienced in lemon law and automobile fraud. You should obtain the vehicle history from Carfax, www.carfax.com, and a printout from your state motor vehicle agency. We argue that the dealer's professed lack of knowledge of consumer fraud is irrelevant. If the vehicle was sold with an altered odometer, the dealer is liable and if others are responsible, it is his responsibility to locate them. Rollbacks are usually done by a third party, two or three levels removed from the dealer, though sometimes the dealer frequently knows something is wrong.
FEDERAL ODOMETER STATUTE Motor Vehicle Cost Information Act, 49 U.S.C. Section 32704
1. (It shall be unlawful for a person) "with intent to defraud, operate a motor vehicle on a street, road, or highway if the person knows that the odometer of the vehicle is disconnected or not operating; or
2. The owner of the vehicle or agent of the owner shall attach a written notice to the left door frame of the vehicle specifying the mileage before the service, repair, or replacement and the date of the service, repair, or replacement.
3. A person transferring ownership of a motor vehicle shall give the transferree the following written disclosure
A) Disclosure of the cumulative mileage registered on the odometer,
B) Disclosure that the actual mileage is unknown if the transferror knows that the odometer reading is different from different from the number of miles the vehicle has actually traveled.
odometer fraud, deception, odometer rollback, used car fraud, lemon law, odometer tampering, vehicle defect, fraud odometer, lawyer, odometer rollback scheme, federal odometer law
Law Offices of Howard A. Gutman, (odometer fraud
230 Route 206, Flanders, New Jersey 07836,
New York Office
305 Madison Avenue, Suite 449
New York, New York 10165 (please call our NJ office for initial consultations)
FREE INITIAL CONSULTATION
We offer a free initial telephone consultation to discuss your lemon law case. Please feel free to call or e-mail our office.