Originally Posted by
stevenash
Odometer tampering violates both state and federal laws, and can result in serious penalties or imprisonment. The federal Odometer Act makes it illegal to tamper with or lie about the true odometer reading of a car provided there is an "intent to defraud." If a violation of the Act occurs, a dealer could be liable for three times the actual damages or $1,500, whichever is greater.
The federal Truth in Mileage Act of 1986 requires that an odometer disclosure be made on a car's title certificate. A separate Odometer Disclosure form may be used when the original title is not available at the time of the sale, or when the title form predates the Truth in Mileage requirements and the odometer disclosure information is not contained on the title itself.
Under federal law, dealerships are also prohibited from giving false statements as to the true mileage of a car orally or in writing. In other words, the fraud does not actually have to be contained in the Odometer Statement itself in order for the law to have been broken.
A man in Pennsylvania was recently criminally charged with washing vehicle titles, failing to comply with odometer disclosure requirements, and engaging in impermissible activities relating to odometers. All three charges are felonies in that state, and all three relate to his activities in tampering with car odometers. In other states, similar crimes may not be classified as felonies, but the punishment may still be severe.
In addition to suing under the federal Odometer Act, you may also be able to sue under state laws protecting consumers from unfair trade practices or a state law specifically geared toward odometer fraud. You may also be able to bring a lawsuit for breach of contract against the dealership by arguing that the car you got is not the car you paid for.