Consumer Fraud and Odometer Roll Back
A rolled back odometer can be your worst nightmare. Imagine this. You go to a dealership looked at the odometer and you by a car. The price you pay is based on what the odometer reads at the time of the purchase. You use that odometer reading to price online to shop and make an offer. Now, after the purchase you find out that the odometer reading or the mileage reading on the vehicle when you bought it is not correct and not accurate. What can you do if the odometer does not read the proper mileage? New Jersey Lawyer to sue for odometer fraud or odometer roll back
You have numerous options including suing the selling dealership. You might even have other options which would to file suit against other dealerships in the chain of title. Under New Jersey law including the Consumer Fraud Act you could potentially sue other individuals in the chain of title who sold the vehicle with the improper or wrong mileage.
There are some qualifications for these claims however they exist under New Jersey law under many circumstances. So, if you buy a vehicle and you learn that the odometer is not the proper odometer reading whether it be by rollback or otherwise it doesn't really matter because you have been damaged. What matters is that you have numerous claims against other potentially viable defendants for an ascertainable loss you have sustained.
In the case where the odometer cannot be properly read usually the terms of total mileage unknown apply. When you have to sell a vehicle and the mileage is unknown you are going to have to tell the purchaser that you do not know the mileage. This defect in the mileage creates a defect in the value of the vehicle which creature ascertainable or measurable loss. This is a real problem for real people with real vehicles where the mileage is unknown. Odometer rollback's cost people a lot of money on vehicles that they thought they knew what they were buying. If the odometer is improper or has been rolled back you of potentially have various claims under New Jersey law
Odometer rollback costs consumers millions. Once you determine that your vehicle has an odometer discrepancy, has been rolled back or there is another issue cannot state with reasonable accuracy the mileage on the vehicle it must be characterized as a TMU or total mileage unknown.
You cannot completely and accurately complete the odometer disclosure statement required under federal law. Thus, the market penalized value of the vehicle approximately 50%.
This means if you do not know the mileage, cannot state the mileage where there is some issue with the mileage you cannot refill out the odometer disclosure statement which impacts the value of the vehicle. This is the key to odometer fraud
Odometer Roll BackFederal odometer law is a very powerful federal statute which states that it is unlawful for a person to sell a vehicle knowing the odometer is rolled back, or to actually roll back the odometer. The statute also prohibits not providing a complete copy of the odometer disclosure statement and the failure to obtain complete odometer disclosure statement from the seller.
Damages (Odometer Lawyer to prove odometer fraud and auto fraud)The federal odometer law provides damages in the amount of the reduced value of the vehicle, reduced resale value of the vehicle, increased finance charges, increased insurance charges, increased taxes, and anticipated costs and time spent resolving any problems created by the fraud.
Warranty History, Title History, CAR FAX History, Auto Check HistoryEvery day more sources of information are being reported to various database collectors such as CAR FAX, Auto Check and Experian. Therefore, it is more difficult to find the appropriate circumstances in which an odometer may be rolled back without a subsequent purchaser being put on notice. Now many dealers report basic maintenance to CAR FAX and so this will be able to provide a red flag if there is an odometer rollback.
Consumer FraudIn addition, sellers providing a false odometer disclosure statement would invoke liability under the New Jersey Consumer Fraud Act. In Cuesta v. Classic, a purchaser acquired a Corvette wherein the odometer had been modified or altered. The purchaser subsequently learned of the odometer modification and attempted to have his money refunded from the dealership. In essence, the Court held that the purchaser was most likely entitled to the return of his money on the contract; however, the Court specifically stated that the affirmative misrepresentation of incorrect mileage constituted a violation of the New Jersey Consumer Fraud Act. Therefore, if a violation could not be proven with the intent requirement under the Federal Odometer Act, there would be liability under the New Jersey Consumer Fraud Act. The differences in damages would be that the federal odometer law provides a minimum $1,500 in damages.
The New Jersey Consumer Fraud Act can help a person or a consumer if you have purchased a car that has had the odometer been rolled back. Under the New Jersey Law the Consumer Fraud Act considers this an affirmative representation as to a material fact regarding the underlying transaction.
The law almost imposes strict liability for a dealer or person who has sold a car with the odometer rolled back. The selling dealer is supposed to know if there has been a roll back or if there is an adverse condition of the car. Even if the CAR FAX does not show a roll back this is not a defense. Even of the Auto check does not show a roll back the dealer can still be responsible for selling that car where the odometer has been rolled back.
Sometimes the evidence is not really that clear on the roll back but it can be determined in various way including expert testimony and that testimony goes to the heart of the claim to determine if the car has a rolled back and the value of the car has been affected and that could constitute and ascertainable loss as a result of the seller conduct, when the car was sold.
So there is a claims but it is the job of the consumer to prove the roll back and also the loss as a result of ANY roll back.
An odometer roll back lawsuit is a type of auto fraud that involves the illegal resetting of a car's odometer in order to make it appear as if the vehicle has fewer miles than it actually does. This can significantly increase a car's value, as many buyers are unaware that they are paying for a vehicle with more miles than what is indicated on the odometer.
Odometer roll backs are considered criminal activity in many countries, and victims of this type of fraud may be able to pursue legal action against the perpetrators through an odometer roll back lawsuit. In some cases, buyers may be able to recover damages from sellers or dealers who deliberately misled them with false mileage information.
Typically, an odometer roll back lawsuit requires evidence that the vehicle in question was used in fraud. The buyer must prove that either the seller or dealer knew that the vehicle had more mileage than indicated on its odometer. It is common for expert testimony from mechanics and certified appraisers to be included in such lawsuits. Additionally, investigative reports from law enforcement authorities can provide further evidence regarding how far a car has traveled over time.
In recent years, technology advancements have made it easier for law enforcement authorities to detect potential odometer fraud cases. Automobile manufacturers now use digital systems and tamper-proof devices to track mileage more accurately than ever before. Furthermore, many states have begun enforcing laws that require sellers and dealers to disclose any past discrepancies between actual and advertised mileage when selling vehicles.
Odometer roll back lawsuits can be complex and difficult to win but victims of auto fraud should not feel discouraged by the challenge involved in pursuing justice. Consulting with an experienced attorney who is familiar with consumer protection laws can help individuals determine whether they may have a valid case against those responsible for their losses due to odometer fraud.
Uncovering Automobile Odometer Fraud
With the increased sophistication of automobile technology, odometer fraud can be harder than ever to detect. Unfortunately, this type of auto fraud is still prevalent and can result in significant financial losses for unsuspecting consumers. To ensure that buyers are protected from odometer fraud and its associated costs, federal law requires auto dealers and sellers to disclose any discrepancies between the actual and advertised mileage when selling cars. Additionally, many states have their own laws regarding odometer roll back schemes as well.
Odometer roll back lawsuits are complicated by nature and can be difficult to prove in a court of law; however, victims of automobile fraud should not feel discouraged from seeking justice. An experienced attorney who is knowledgeable about consumer protection laws can help individuals determine if they have a valid legal claim against those responsible for their losses due to odometer fraud. If a case is successful, victims may be eligible for statutory damages which are designed to compensate them for their financial losses due to the fraudulent activity.
Though it takes time and effort to pursue an odometer rollback lawsuit, doing so could help protect other consumers from experiencing similar fraudulent activity in the future. By taking the necessary steps to uncover fraudulent activities in the automotive market, buyers can save money while promoting honesty and ethical practices in automobile sales.
Department Of Justice