CONSUMER LAW
Odometer Fraud Attorney
Federal Odometer Act — Treble Damages & Attorney Fees
Odometer fraud — rolling back or tampering with a vehicle's mileage — is a federal crime and a civil violation that carries some of the strongest consumer remedies available. Under the federal Odometer Act, a victim of odometer fraud is entitled to three times their actual damages or $10,000, whichever is greater, plus attorney fees. You pay nothing out of pocket to bring a claim.
Federal Odometer Act — 49 U.S.C. § 32710
The federal Odometer Act makes it unlawful to disconnect, reset, or alter a vehicle's odometer with intent to change the mileage reading, to operate a vehicle knowing its odometer has been tampered with, or to advertise, sell, or transfer a vehicle with knowledge that the odometer reading is false. The Act also requires sellers to provide a written odometer disclosure statement at the time of transfer. Any person who violates the Act with intent to defraud is liable to the injured party for the greater of three times actual damages or $10,000, plus attorney fees and costs.
How Odometer Fraud Happens
Modern digital odometers can be rolled back using widely available software tools. Common schemes include: a dealer purchasing a high-mileage vehicle at auction, rolling back the odometer, and reselling it at retail; a rental car company or fleet operator rolling back mileage before selling vehicles; a private seller using a mechanic or device to alter the reading; and title washing — moving a vehicle through multiple states to obscure its history. Warning signs include a discrepancy between the odometer reading and wear on the pedals, steering wheel, or seats; service stickers showing higher mileage than the current reading; and a Carfax or AutoCheck report showing a mileage rollback.
Odometer Disclosure Requirements
Federal law requires the seller of a motor vehicle to provide the buyer with a signed written statement disclosing the odometer reading at the time of transfer and certifying that, to the best of the seller's knowledge, the reading reflects the actual mileage. If the seller knows the odometer reading is incorrect, they must disclose that fact. Failure to provide a proper disclosure statement is itself a violation of the Act, even if the odometer was not physically tampered with.
Florida Law and FDUTPA
In addition to the federal Odometer Act, odometer fraud in Florida violates FDUTPA and may constitute common-law fraud. Florida dealers are required by § 501.976 to accurately represent a vehicle's mileage. A consumer who discovers odometer fraud may bring claims under the federal Act, FDUTPA, and common-law fraud simultaneously, potentially recovering treble damages under the federal Act and attorney fees under both the federal Act and FDUTPA.
Remedies
Under the federal Odometer Act, you are entitled to the greater of three times your actual damages or $10,000, plus attorney fees and costs. Actual damages include the difference between what you paid for the vehicle and its true value at the mileage it actually had. Additional damages may be available under FDUTPA and for common-law fraud. Because attorney fees are recoverable, you pay nothing out of pocket to pursue a meritorious odometer fraud claim.
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