Interpretation ID: nht74-4.39

DATE: 01/11/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Bureau of Consumer Protection

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for bringing the Ryder Rental odometer problem to our attention.

The odometer provisions of the Motor Vehicle Information and Cost Savings Act apply only to tampering that leads to the under-representation of mileage. We recommend that over-representation cases be referred to the State consumer protection office. In this case, cf course, Mr. Sharkey registered his complaint there in the first instance.

December 27, 1973

Rules Docket Odometers U.S. Department of Transportation

Dear Sir:

Attached is a consumer complaint alleging that the odometer on a Ryder Rental Truck was grossly deficient. Since the discrepancy was over 100 miles on a 353 mile trip, it could indicate tampering and you might wish to check into the matter further under 14 USC @ 250 and your accompanying regulations.

Sincerely,

David C. Keehn, Attorney, Division of Marketing Practices

Mr. Stephen C. Sharkey 67 County Street Apartment 2 (Illegible Word), Masschusetts 02771

Dear Mr. Sharkey:

Your letter concerning a purported overcharge on a truck rented from Ryder System, Inc., has been referred to me for reply.

The Commission is currently looking into the business practices of the automobile and truck rental industry. The problem you described is among those that the staff has under consideration.

As you may be aware, the Federal Trade Commission is authorized to act in the interest of the general public to require the discontinuance of unfair or deceptive practices. Our authority does not, however, extend to intervening or acting(Illegible Words) in individual cases. Accordingly, we regret that we cannot be of direst assistance to you in this matter. Nonetheless, your complaint will be added to the pending file, and such action will be taken as is warranted by the public interest.

To resolve your difficulties, you may wish to communicate directly with the company. If so, you should write to Mr. James A. Ryder, Chairman of the board, Ryder System, Inc., 2701 South Bayshore Drive, Miami, Florida 33133. A copy of your letter to Mr. Ryder may be sent to Darian B. Andersen, Esquire, Law Department, Ryder System, Inc., 3600 N.W. 82nd Avenue, Miami, Florida 33166. For your reference, we have enclosed a copy of your original letter to us.

Thank you for bringing this matter to the Commission's attention.

Sincerely yours,

Alan N. Schlaifer Attorney Division of Marketing Practices