Odometer Roll Back Auto Fraud: Consumer Fraud, Auto Fraud Lawyer
Rolling Back the Odometer
Federal odometer law is a very powerful federal statute states that makes it is unlawful for a person to sell a vehicle knowing the odometer is rolled back or actually roll back the odometer. The statute also prohibits not providing a complete copy of the odometer disclosure statement and the failure to obtain complete odometer disclosure statement from the seller.
Damages
The federal odometer law provides damages in the amount of the reduced value of the vehicle, reduced resale value of the vehicle, increased finance charges, increased insurance charges, increased taxes, an anticipated costs and time spent resolving any problems created by the fraud.
Warranty History, Title History, CARFAX History, AutoCheck History
Everyday more sources of information are being reported to various database collectors such as CARFAX, AutoCheck and Experian. Therefore, it is more difficult to find the appropriate circumstances on which an odometer may be rolled back without a subsequent purchaser being put on notice. Now, many dealers report basic maintenance to CARFAX and, such, this will be able to provide a red flag if there is an odometer rollback.
Consumer Fraud
In addition, sellers providing a false odometer disclosure statement would invoke liability under the New Jersey Consumer Fraud Act. In Cuesta v. Classic, a purchaser acquired a Corvette wherein the odometer had been modified or altered. The purchaser subsequently learned of the odometer modification and attempted to have his money refunded from the dealership. In essence, the Court held that the purchaser was most likely entitled to return of his money on the contract, however, the Court specifically stated that the affirmative misrepresentation of incorrect mileage constituted a violation of the New Jersey Consumer Fraud Act. Therefore, if a violation could not be proven with the intent requirement under the Federal Odometer Act, there would be liability under the New Jersey Consumer Fraud Act. The differences in damages would be that the federal odometer law provides a minimum $1,500 in damages.
Federal Odometer LawFederal odometer law is a very powerful federal statute states that makes it is unlawful for a person to sell a vehicle knowing the odometer is rolled back or actually roll back the odometer. The statute also prohibits not providing a complete copy of the odometer disclosure statement and the failure to obtain complete odometer disclosure statement from the seller.
Damages
The federal odometer law provides damages in the amount of the reduced value of the vehicle, reduced resale value of the vehicle, increased finance charges, increased insurance charges, increased taxes, an anticipated costs and time spent resolving any problems created by the fraud.
Warranty History, Title History, CARFAX History, AutoCheck History
Everyday more sources of information are being reported to various database collectors such as CARFAX, AutoCheck and Experian. Therefore, it is more difficult to find the appropriate circumstances on which an odometer may be rolled back without a subsequent purchaser being put on notice. Now, many dealers report basic maintenance to CARFAX and, such, this will be able to provide a red flag if there is an odometer rollback.
Consumer Fraud
In addition, sellers providing a false odometer disclosure statement would invoke liability under the New Jersey Consumer Fraud Act. In Cuesta v. Classic, a purchaser acquired a Corvette wherein the odometer had been modified or altered. The purchaser subsequently learned of the odometer modification and attempted to have his money refunded from the dealership. In essence, the Court held that the purchaser was most likely entitled to return of his money on the contract, however, the Court specifically stated that the affirmative misrepresentation of incorrect mileage constituted a violation of the New Jersey Consumer Fraud Act. Therefore, if a violation could not be proven with the intent requirement under the Federal Odometer Act, there would be liability under the New Jersey Consumer Fraud Act. The differences in damages would be that the federal odometer law provides a minimum $1,500 in damages.
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