Odometer Fraud
Federal and state laws, criminal penalties, warning signs, and how to protect yourself — or seek justice — when mileage has been rolled back.
Warning Signs of Odometer Fraud
How to Report Odometer Fraud
Odometer Fraud Laws by State
| State | State Law | Criminal Penalty | Civil Remedy |
|---|---|---|---|
| California | Vehicle Code § 28050 | Misdemeanor / Felony | 3× damages or $10K |
| Texas | Transportation Code § 501.155 | Class A misdemeanor / State jail felony | 3× damages or $10K |
| Florida | Statute § 319.35 | Third-degree felony | 3× damages or $10K |
| New York | VTL § 392 | Class A misdemeanor | 3× damages or $10K |
| Illinois | 625 ILCS 5/3-112.1 | Class 3 felony | 3× damages or $10K |
| Ohio | ORC § 4549.41 | 1st-degree misdemeanor | 3× damages or $10K |
State-by-State Odometer Fraud Guide
Frequently Asked Questions
Is odometer fraud a federal crime?
Yes. The federal Odometer Act (49 U.S.C. § 32701) makes it illegal to tamper with, alter, or misrepresent an odometer reading. Federal violations carry civil penalties of $10,000 or 3× actual damages, and criminal penalties of up to $100,000 and 3 years in prison for willful violations.
How common is odometer fraud?
NHTSA estimates over 450,000 vehicles are sold annually with rolled-back odometers. The practice is more common in private party sales and at auctions than at franchised dealerships.
What should I do if I suspect odometer fraud after buying?
Document the discrepancy with photos and records. Get a mechanic's written assessment of mileage-related wear. Obtain a vehicle history report. Then file complaints with NHTSA, your state DMV, and your state Attorney General. Consult a consumer protection attorney about civil damages.
Does a vehicle history report catch all odometer fraud?
No — not all service records are reported to CarFax or AutoCheck. However, a vehicle history report is still the best first check. Combine it with a physical inspection of wear patterns and a mechanic's assessment.
Can I sue the seller for odometer fraud?
Yes. Under the federal Odometer Act, you can sue for $10,000 or 3× your actual damages, whichever is greater, plus attorney's fees. Most states also have additional state law remedies. A consumer protection attorney can evaluate your case.
What vehicles are exempt from odometer disclosure?
Vehicles over 16,000 lbs GVWR (commercial trucks, buses), vehicles that are 10 or more model years old, and vehicles transferred directly from manufacturer are typically exempt under the federal Odometer Act.