Interpretation ID: Warning letter re electronic devices --Bligidy

CERTIFIED MAIL RETURN RECEIPT REQUESTED

Kenneth Rose

Bligidy

2926 West Royal Lane, Suite 1104

Irving, TX  75063

Re: Marketing and Use of Devices Prohibited by Federal Odometer Law

Dear Mr. Rose:

The National Highway Traffic Safety Administration (NHTSA) is actively investigating potential violations of Federal odometer law.

Federal law prohibits the marketing for sale and sale of devices that are capable of accessing a motor vehicles computer system to alter the mileage displayed on the vehicles odometer. These devices make odometers register a mileage different from the mileage the vehicle was driven, whether or not the device is actually used to do so, and thus their marketing and sale violates the prohibition. Pursuant to 49 U.S.C. 32703: A person may not(1) advertise for sale, sell, use, install, or have installed, a device that makes an odometer of a motor vehicle register a mileage difference from the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer. Federal law also makes it illegal to disconnect, reset, alter, or have disconnected, reset, or altered an odometer of a motor vehicle intending to change the mileage registered by the odometer. 49 U.S.C. 32703(2).[1] A person that violates Federal odometer law is subject to criminal and civil penalties, as set forth in 49 U.S.C. 32709.

Based upon information, products, and services advertised for sale on your website, http://bligidy.com/, NHTSA believes that Bligidy is engaged in activity in violation of Federal odometer law. Specifically, Bligidy advertises for sale six Smelecom products that alter odometer readings. These are the M-Corrector, USA Prog Standard, USA Prog Special Edition, USA Prog Full Version, Data Smart 3+, and DSPIII+. Bligidy also advertises for sale Smelecom accessories, including a CAN Filter and CAN Blocker, for which your website states:

After installation even by scanning with Dealership Level Star Diagnostics the new mileage you have corrected on the Cluster will be confirmed from the vehicles EZS, ECU, ESM and any other modules that hold the mileage. Totally undetectable and causes no faults [sic] codes to appear when vehicle is scanned.

Once fitted you can return to the vehicle again and again to perform another correction with just having to change the mileage in the dash, our can filter then automatically updates the new mileage to all modules.

Your website also advertises Odometer and Mileage Correction Services in Dallas/Fort Worth and across the US. It states that Bligidy offers Digital ODOMETER and MILEAGE CORRECTION services for almost any make and model. I use the most advanced hardware and software available to reprogram and correct the mileage on your digital odometer.

Bligidy must immediately cease and desist all activity in violation of Federal odometer law. In addition, within three weeks after receipt of this letter, you are directed to send to my office a list of every customer (including names and addresses): (1) who purchased a M-Corrector, USA Prog Standard, USA Prog Special Edition, USA Prog Full Version, Data Smart 3+, DSPIII+, CAN Filter, CAN Blocker, or other product that alters odometer readings; and/or (2) for whom Bligidy altered an odometer reading. For each such customer, identify the product or service that you sold or provided to that customer and the date.

Sincerely,

O. Kevin Vincent

Chief Counsel

Dated: 5/31/12

Electronic devices (Bligidy).docx