Rolled back odometers can be extremely frustrating, costly and deceptive practices. Dealerships who participate in these types of actions are acting in a highly deceptive practice that costs consumer money and time. Dealerships that engage in odometer tampering
fraud and deceptive sales practices are subject to both civil and criminal penalties. If you feel that your vehicle has been the victim of odometer tampering you may be entitled to recovery for your loss. Contact a Downtown LA Law Los Angeles auto consumer fraud attorney
today for a free case evaluation.
What Is Odometer Tampering?
Odometer tampering consists of any type of interference with the odometer of a vehicle causing it to improperly reflect the mileage. It can be one on both digital and standard odometers using sophisticated devices. When the odometer is tampered against the consumer or buyer of the vehicle is un-aware. They purchase the vehicle without knowing the actual mileage of the vehicle.
Certain devices are used to manipulate or stop the odometer from working properly. These devices can be placed on the car for a sustained period of time and prevent movement against the odometer. Other devices use magnetic energy to actually disrupt or roll back the mileage of the vehicle. The use of such devices is prohibited by Federal Law and tampering can lead to penalties, revocation of dealers license and civil and punitive damages.
Signs of Odometer Tampering – Lawsuit Investigation Into Dealership Liability
There are certain signs which can indicate that your odometer has been tampered with. The following are possible indicators that the odometer of the vehicle has been tampered with.
- Discrepancies between the odometer on vehicle and what is reported on either your Carfax or Auto report. It is advisable to have a copy of these provided either by the dealer or obtained directly yourself. If the dealer fails or avoids providing this information it should be a sign that they are attempting to hide a material fact.
- Vehicle wear and tear is another indicator. Generally the tires, vehicle breaks or accelerator, dashboard, seat belts and seats that show excessive wear and tear are indicators. While these can be repaired it is not the most advisable to only look for these signs. Many dealerships can easily repair or correct these issues so that they reflect the actual odometer age. However it is advisable to keep in mind these possible issues.
- Multiple title changes in a short period of time. If your title shows excessive changes in a short period of time it can be an indicator of tampering. This is known as “title laundering” where the vehicles title is sold a number of times in a short period of time. By laundering the title it is difficult to determine who is at fault for manipulating or tampering with the title.
If you have purchased a vehicle and subsequently obtained the carfax which indicated a difference in the odometer, contact an odometer tampering attorney. An attorney can help you trace and determine who is at fault.
Attorney Fees for Auto Dealership Fraud Lawsuits: California and Federal Consumer Fraud Law
Federal Law classifies odometer tampering as a deceptive business practice, which qualifies the practice as fraud. Generally when fraud is at issue your attorney will be able to add his attorney fees to any settlement awarded. This essentially means that your attorney will take the case and obtain his attorney fees directly from the wrongdoer.
This allows for your case to be handled without any up-front cost and the dealership will be responsible for any attorney fees awarded.
Recovery for Damages: Compensation From Seller Who Has lowered mileage on their Vehicle
Based on a number of factors it is possible to either obtain the actual value of the vehicle less what was paid; or to rescind the entire contract or agreement. Courts can also award punitive damages. Punitive damages are those awarded when there is fraud present. Punitive damages can be up-to 8 times the value of your claim and are designed to punish the wrongdoer.
If you have found the information here helpful and need more information to pursue your claim contact our offices for a free case evaluation. We offer free consultation and can help you better understand the best course of action. Our odometer tampering attorneys are qualified and experienced. Los Angeles auto fraud attorneys at Downtown LA Law are here to help.