Quick answer
Odometer fraud is when a vehicle's mileage is rolled back or misreported to make it seem worth more. Under the federal Odometer Act, a person who tampers with or misstates mileage with intent to defraud can be liable for three times your actual damages or $10,000, whichever is greater, plus attorney's fees. You generally have two years to sue.
Key takeaways
- Digital odometers can be rolled back too. Don't assume a modern car is safe.
- Compare the odometer with title records, service records, and inspection reports.
- Federal law allows 3x damages or $10,000, whichever is more, plus attorney's fees.
- The federal deadline to sue is generally two years after the claim arises.
- You can report suspected odometer fraud to NHTSA and the California DMV.
Warning signs
- Mileage on the odometer is lower than on an earlier title, inspection, or service record.
- Wear on the pedals, steering wheel, seats, or floor mats doesn't match the mileage.
- Service stickers or oil change records show higher mileage than the odometer.
- Tires look far more worn than the mileage suggests, or the car is on a second set of tires at low mileage.
- The title shows a "not actual mileage" or "exceeds mechanical limits" notation.
How to check a vehicle's mileage history
Start with paperwork you can get yourself: the title, the odometer disclosure statement you signed at purchase, and any service records. Then check a vehicle history report. The federal National Motor Vehicle Title Information System (NMVTIS) lists approved providers that report title and odometer history. Dealer service departments can sometimes pull the manufacturer's service history by VIN.
If records show higher mileage at an earlier date than your odometer does now, save copies. That gap is the core evidence in an odometer case.
What the law allows
The federal Odometer Act (49 U.S.C. § 32701 and following) makes it illegal to disconnect, reset, or alter an odometer, or to give a false mileage statement when transferring a vehicle. A person who violates it with intent to defraud is liable for three times the actual damages or $10,000, whichever is greater, plus reasonable attorney's fees (49 U.S.C. § 32710). A civil case must generally be brought within two years after the claim accrues.
California law adds its own protections, including the Consumers Legal Remedies Act, which prohibits misrepresenting a vehicle's characteristics or that it is in better condition than it is.
What to do next
- Gather the title, odometer disclosure statement, purchase contract, and any service records.
- Pull a vehicle history report and note any mileage that's higher than today's reading.
- Report suspected fraud to NHTSA's Office of Odometer Fraud Investigation and the California DMV.
- Request a free case review. Watch the two-year federal deadline.
Frequently asked questions
Sources
- 49 U.S.C. § 32710 (civil actions for odometer fraud)
- NHTSA: Odometer Fraud
- National Motor Vehicle Title Information System (NMVTIS)
- California Civil Code § 1770 (Consumers Legal Remedies Act: prohibited practices)
This website provides general information, not legal advice. Laws change and every situation is different. Talk to a licensed attorney in your state about your specific facts.
More on this topic: California car buyer rights & dealer fraud overview