Obstructions under two federal laws are raised by odometer rollback fraud in addition to the numerous state law violations.
Magnuson-Moss Warranty Act
Consumers have the right to sue vendors who violate express or implied warranties attached to the goods they sell under the Magnuson-Moss Warranty Act.
The dealer's misrepresentation of the vehicle's mileage may constitute a breach of either a written limited warranty or an implied warranty, depending on the state law that governs the sale of the vehicle.
The difference between the car's inflated value based on the falsely low mileage figure and its devalued value based on the actual, higher mileage is the basis for the buyer's claim for damages.
A consumer who has been scammed is also entitled to seek reimbursement for legal expenses under the Magnuson-Moss Warranty Act.
Federal odometer act
The Federal Odometer Act prohibits tampering with digital odometer rollback tool to reduce a vehicle's mileage and deceive buyers.
The victim of a digital odometer rollback tool may sue the dishonest car dealer in addition to facing federal felony charges for the following:
- $10,000 or three times the actual damages suffered by the defrauded buyer (whichever is greater).
- The buyer's legal expenses.
Damages may include the higher insurance costs and finance fees associated with purchasing a more expensive car. The victim of the fraud may demand that the dealer pay back the legal expenses incurred in pursuing the claim.
The vehicle buyer may be entitled to three times the actual damages suffered (referred to as treble damages), as well as reimbursement for attorney's fees if they can demonstrate that the car dealer willfully and knowingly committed odometer rollback fraud.
A dishonest auto dealer who disobeys consumer protection laws may be charged with a crime, depending on the situation how can you tell if a digital odometer has been rolled back?
What costs are covered?
Once you win your case, the manufacturer is legally obligated to fulfill certain amounts based on the odometer fraud issue.
Fees
The process of returning a vehicle is free of charge. A title fee will be collected, and additional excise tax may be levied if a replacement vehicle is also titled at the same time and the amount of the tax credit due is less than the excise tax levied on the replacement vehicle.
Conclusion
The odometer rollback fraud victims who bought used cars are represented by Allen Stewart. We have a history of successfully obtaining sizeable settlements for our clients and have years of experience pursuing claims of car dealer fraud.
Call us to discuss how can you tell if a digital odometer has been rolled back? or reach out to us online to arrange a free consultation.
Andrew Richardson is the author of this Article. To know more about Warranty laws please visit our website: allenstewart.com