Interpretation ID: aiam1222
2111 W. 104
Cleveland
OH 44102;
Dear Mr. Gross: Your complaint to the Federal Trade Commission dated June 8, 1973, ha been referred to the National Highway Traffic Safety Administration which has responsibility for administering the Motor Vehicle Information and Cost Savings Act of 1972.; Title IV of this Act prohibits the resetting of an odometer and i requires that a seller of a motor vehicle make a written disclosure of a vehicle's mileage to the buyer prior to transfer. From your statement it appears that the vehicle's odometer had been reset and that T & J Auto Sales failed to make the required statement.; There is no criminal liability under the Act for failure to conform t these requirements but there is a civil remedy available to you as a private party. If it can be shown that T & J reset the odometer after January 18, 1973, or failed to make the required statement with intent to defraud you, they may be liable to you for $1,500 without proof of any damages or for treble damages if they are greater.; You may wish to consult an attorney in this matter. A copy of th applicable provisions of the Act and the disclosure regulation are enclosed for your information.; Yours truly, Richard B. Dyson, Assistant Chief Counsel