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Odometer Fraud

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Kayleen

Junior Member
What is the name of your state? Colorado

I purchased a car 2.5 years ago and recently received a letter in the mail from the Department of Justice saying that the odometer has been tampered with. Records indicate that when I purchased the car, it had AT LEAST 62,000 miles more on it than the odometer indicated. The dealer who did the tampering has been indicted for 10 counts, but there are over 100 cars involved that they know of.

I want to sue him in small claims court.

My questions:

1) Can I sue him in small claims court? Are my chances pretty good of getting a judgment against him?

2) The federal statue on odometer fraud indicates I can collect civilly $1,500 or treble damages whichever is greater. Is this the case in my state as well? I can find the statue that says it is illegal to tamper with odometers, but not the recourse for consumers.

3) The paperwork I received with my letter says I can base my damages on an “industry mileage deduction guide”, but I have been unable to find any that aren’t for tax purposes. Is the tax depreciation (between 7 and 12 cents per mile depending on the year of the car) the industry mileage they might be referring to?

4) Is there a better subforum to post this in?

Any help is appreciated!
 
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BL

Senior Member
What is the name of your state? Colorado

I purchased a car 2.5 years ago and recently received a letter in the mail from the Department of Justice saying that the odometer has been tampered with. Records indicate that when I purchased the car, it had AT LEAST 62,000 miles more on it than the odometer indicated. The dealer who did the tampering has been indicted for 10 counts, but there are over 100 cars involved that they know of.

I want to sue him in small claims court.

My questions:

1) Can I sue him in small claims court? Are my chances pretty good of getting a judgment against him?

2) The federal statue on odometer fraud indicates I can collect civilly $1,500 or treble damages whichever is greater. Is this the case in my state as well? I can find the statue that says it is illegal to tamper with odometers, but not the recourse for consumers.

3) The paperwork I received with my letter says I can base my damages on an “industry mileage deduction guide”, but I have been unable to find any that aren’t for tax purposes. Is the tax depreciation (between 7 and 12 cents per mile depending on the year of the car) the industry mileage they might be referring to?

4) Is there a better subforum to post this in?

Any help is appreciated!What is the name of your state?
Why not contact your local Office of Attorney General Consumer Affairs Dept .

If there's 100 or more cars involved , I'll bet they'll take the case on and advocate for your damages .

Ask them .
 

racer72

Senior Member
1. Small claims is for actual monetary damages, how do you plan to prove this? You have not stated any monetary loss at this time due to the odometer rollback. This is likely beyond the scope of small claims court.

2. The federal statute only applies to cases heard in federal court. Your state may apply the federal law. Ask a local attorney.

3. Go to KBB.com and determine the value of you vehicle with it's shown mileage and actual mileage. In the case of my 7 year old vehicle, 62,000 miles equate to only $400.

4. No.
 

Kayleen

Junior Member
Thanks!

Thank you both. You've been helpful.

My monetary damages would probably be in the range of a few hundred dollars. I could also possibly prove that some maintenance would not have been needed if the mileage had been accurate. In total, my actual "losses" are probably $700 - $1000 is you are allowed to add in loss of resale value. I know, I'm probably stretching there. I guess it's kind of the shock of finding out the car (based on mileage) I was hoping would last another 3 years or so before I started looking for another one is already at that mileage.

Not a huge amount, but it's partly the principal of it. And also if I can be awarded triple damages, it would be worth pursuing.

I have called several local attorneys without much luck.

I will try the Attorney General.
 

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