ODOMETER ROLLBACK CLAIMS
keywords, odometer rollback, fraud, lawyer, odometer rollback
claim, consumer fraud, deceptive practice, odometer rollback, claim, odometer
rollback laws, defect, odometer rollback lawyer.
Odometer Rollback Laws
Several laws apply to claims for odometer fraud. First, the federal odometer statute applies. However, that law requires proof of an intend to defraud. Cases have gone both ways regarding whether indication of excessive wear or tampering can create an inference that the dealer knew or should have known of the fraud.
State Odometer Rollback laws
Most states have odometer rollback laws, called deceptive practice statutes, or
consumer fraud laws. See New Jersey Consumer Fraud statute, N.J.S.A
56:8-1. Many laws impose liability upon a showing that a
deception was committed or a false statement made without requiring proof of
intentional acts. This is important because when confronted with a claim,
virtually every dealer touts its record of reliability and honesty, challenging
the plaintiff to find proof of intentional conduct. In odometer rollback cases, the transferor to
the dealer frequently misrepresented the mileage.
Under state consumer rollback acts, we argue the dealer is liable for any deception
to the consumer and that its their responsibility to make a claim against the
Proof of Odometer Rollback
Odometer rollback claims can be established through Carfax reports, motor vehicle records, repair orders showing mileage discrepancies,
Defendants in Odometer Rollback Claims
The plaintiff has several potential defendants: the selling dealer, the transferror, or even any transferror after the rollback. There are advantages and disadvantages of naming parties other than the dealer. Another party can contribute to a settlement or be held liable. However, it can give the dealer an opportunity to blame someone else, and sometimes out of state companies will be difficulty to locate or out of business.
A statement about mileage may be regarded as a representation or warranty, creating a breach of warranty claim if its is false. The Uniform Commercial Code creates an implied warranty that goods are reasonably unless they are sold as is. A claim for breach of this implied warranty can be presented if the odometer reading is false, since the consumer cannot know when required maintenance is needed, and there is a limited market for vehicles with unknown mileage.
Law Offices of Howard A. Gutman,
230 Route 206, Mount Olive, New Jersey 07836
(973) 598-1980, E-mail Howian@aol.com
New York Office
305 Madison Avenue, Suite 449
New York, New York 10165 (212) 886-4838
FREE INITIAL CONSULTATION
We offer a free initial telephone consultation to discuss your odometer tampering claim case. Please feel free to call or e-mail our office.
Our office has handled over 500 automobile fraud, lemon law, and odometer claims.
Website keywords, odometer tampering, automobile fraud, odometer rollback, used car fraud, odometer rollback, claim, consumer rollback attorney, odometer rollback.
Federal Odometer Statute
Federal Odometer Regulations
Utah odometer page
Dealer tactics in odometer fraud cases
Federal odometer criminal statutes
NJ odometer rollback case
odometer fraud overview
Odometer rollback claims
Auto Auction claims
Incidence of odometer fraud