Use these templates for your odometer fraud demand letter:
[Your Name]
[Your Address]
[City, State ZIP]
[Phone Number]
[Email]
[Date]
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
[Seller/Dealer Name]
[Address]
[City, State ZIP]
Re: Federal Odometer Act Violation - Demand for Damages
Vehicle: [Year Make Model]
VIN: [VIN Number]
Purchase Date: [Date]
Stated Mileage at Sale: [XXX,XXX]
Dear [Seller/Dealer Name]:
DEMAND UNDER FEDERAL ODOMETER ACT (49 U.S.C. 32701-32711)
On [Purchase Date], I purchased the above-referenced vehicle from you. At the time of sale, the odometer displayed [XXX,XXX] miles, and you executed an Odometer Disclosure Statement certifying this mileage as accurate.
DISCOVERY OF ODOMETER FRAUD
I have discovered that this odometer reading was false. Evidence demonstrates the vehicle's actual mileage at the time of sale was [XXX,XXX] miles or higher - a discrepancy of at least [XXX,XXX] miles.
Evidence of odometer tampering includes:
1. [Carfax/AutoCheck report dated [Date] showing [higher mileage] on [earlier date]]
2. [Service records from [Source] dated [Date] showing [higher mileage]]
3. [State inspection record dated [Date] showing [higher mileage]]
4. [Excessive wear on vehicle components inconsistent with stated mileage]
5. [Oil change sticker showing next service at [higher mileage]]
6. [Other evidence]
VIOLATIONS OF LAW
Your conduct violates the Federal Motor Vehicle Information and Cost Savings Act, specifically:
1. 49 U.S.C. Section 32703(2) - Operating a vehicle knowing the odometer is nonfunctional or displays incorrect mileage
2. 49 U.S.C. Section 32705(a) - Providing false odometer disclosure
3. [California Vehicle Code Section 28050 - Selling vehicle with tampered odometer]
4. [California Vehicle Code Section 28050.5 - Odometer tampering]
DAMAGES CALCULATION
Under 49 U.S.C. Section 32710, I am entitled to recover THREE TIMES my actual damages, or $10,000, whichever is greater, plus reasonable attorney's fees and costs.
Actual Damages:
- Fair market value at stated [XXX,XXX] miles: $[Amount]
- Fair market value at actual [XXX,XXX] miles: $[Amount]
- Overpayment/Actual Damages: $[Amount]
Statutory Damages:
- Treble damages (3 x $[Actual]): $[Amount]
- [OR $10,000 minimum, if greater]
DEMAND
Pursuant to the Federal Odometer Act, I demand payment of $[Amount] within thirty (30) days of your receipt of this letter.
If this demand is not satisfied, I will file suit in [Federal District Court/State Court] seeking:
- Treble damages or $10,000 (whichever is greater)
- Reasonable attorney's fees and costs
- Any additional remedies available under California law
I have also reported this matter to:
- National Highway Traffic Safety Administration (NHTSA)
- California Department of Motor Vehicles
- Federal Trade Commission
You may contact me at [phone/email] to discuss resolution.
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosures:
- Vehicle History Report (Carfax/AutoCheck)
- Odometer Disclosure Statement from purchase
- Service records showing mileage discrepancy
- [Other evidence]
cc: [Attorney, if retained]
[Your Name]
[Your Address]
[Date]
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
[Dealership Name]
ATTN: General Manager and Legal Department
[Address]
Re: Odometer Fraud - Federal and California Law Violations
Vehicle: [Year Make Model], VIN: [VIN]
Purchase Date: [Date]
Dear [Dealer]:
NOTICE OF ODOMETER FRAUD CLAIMS
This letter serves as formal notice of claims arising from the sale of the above vehicle with a tampered odometer.
BACKGROUND
On [Date], I purchased the vehicle from your dealership. The odometer read [XX,XXX] miles, and your employee provided an Odometer Disclosure Statement certifying this reading.
I have now discovered the odometer was rolled back. Evidence shows the vehicle actually had [XXX,XXX] miles at the time of sale:
EVIDENCE OF ROLLBACK
1. Carfax Report: Shows [XX,XXX] miles on [earlier date]
2. AutoCheck Report: Mileage rollback alert
3. Dealership Service Record: [Date] service at [XX,XXX] miles (obtained via FOIA/dealer inquiry)
4. Physical Inspection: Wear patterns consistent with [higher] mileage
5. [Additional evidence]
LEGAL VIOLATIONS
Your dealership has violated:
Federal Law:
- 49 U.S.C. 32703 (Odometer tampering/knowledge)
- 49 U.S.C. 32705 (False odometer disclosure)
California Law:
- Vehicle Code 28050 (Sale of vehicle with tampered odometer)
- Vehicle Code 28050.5 (Odometer tampering)
- Civil Code 1770(a)(5)(7) (CLRA - misrepresentation)
- Business & Professions Code 17200 (Unfair competition)
DAMAGES
Federal Odometer Act (49 U.S.C. 32710):
- Actual damages: $[Amount] (value at stated miles - value at actual miles)
- Treble damages (mandatory): $[Amount]
- Attorney's fees: [TBD]
California Claims (Civil Code 1782 Notice - CLRA):
This letter also serves as the required 30-day notice under Civil Code Section 1782. You have 30 days to cure the violation before I may seek CLRA damages.
DEMAND
Within thirty (30) days, you must either:
OPTION 1 - RESCISSION:
1. Accept return of the vehicle
2. Refund full purchase price of $[Amount]
3. Cancel/pay off financing with [Lender]
4. Reimburse incidental costs of $[Amount]
5. Compensate for treble damages
OR
OPTION 2 - MONETARY SETTLEMENT:
1. Pay Federal Odometer Act damages of $[Amount]
2. Pay additional California law damages
3. Pay attorney's fees if counsel retained
CONSEQUENCES OF FAILURE TO RESOLVE
If not resolved, I will:
1. File suit in [Court] for all available damages
2. Report to California DMV for dealer license investigation
3. Report to California Attorney General
4. File NHTSA complaint
5. Report to Federal Trade Commission
Your dealership's failure to verify odometer accuracy before sale is inexcusable. I expect a prompt response.
Sincerely,
[Your Name]
[Phone]
[Email]
Enclosures: [List]
[Your Name]
[Your Address]
[Date]
VIA CERTIFIED MAIL
[Seller Name]
[Address]
Re: Odometer Fraud - [Year Make Model]
VIN: [VIN]
Dear [Seller Name]:
DEMAND FOR DAMAGES - ODOMETER FRAUD
On [Date], I purchased the above vehicle from you for $[Amount]. You represented that the vehicle had [XX,XXX] miles and signed an Odometer Disclosure Statement to that effect.
I have discovered this mileage representation was false.
EVIDENCE
1. A Carfax report reveals the vehicle had [XXX,XXX] miles recorded on [earlier date] - proving the odometer was rolled back by at least [XX,XXX] miles
2. Service records from [Source] confirm the higher mileage
3. The vehicle's wear is consistent with the higher actual mileage
FEDERAL LAW VIOLATION
Under the Federal Motor Vehicle Information and Cost Savings Act (49 U.S.C. 32701 et seq.), commonly known as the Federal Odometer Act:
- Rolling back or tampering with an odometer is illegal (49 U.S.C. 32703)
- Providing a false odometer disclosure is illegal (49 U.S.C. 32705)
- Victims are entitled to THREE TIMES their damages, or $10,000, whichever is greater, plus attorney's fees (49 U.S.C. 32710)
MY DAMAGES
- I paid $[Amount] for a vehicle I believed had [XX,XXX] miles
- The vehicle's actual value at [XXX,XXX] miles is only $[Amount]
- My actual damages (overpayment): $[Amount]
- Treble damages: $[Amount]
DEMAND
I demand payment of $[Amount] within 30 days.
If I do not receive payment, I will file suit seeking treble damages, attorney's fees, and all other available relief. Federal odometer fraud is also a crime punishable by up to $100,000 in fines and 3 years imprisonment - I have not yet filed a criminal complaint.
Please contact me at [phone/email] to arrange payment.
Sincerely,
[Your Name]
Enclosures:
- Carfax Report
- Odometer Disclosure Statement
- [Other evidence]