49 U.S.C. § 32709

Penalties and enforcement

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(a)Civil Penalty.—(1) A person that violates this chapter or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. A separate violation occurs for each motor vehicle or device involved in the violation. The maximum penalty under this subsection for a related series of violations is $1,000,000.(2) The Secretary of Transportation shall impose a civil penalty under this subsection. The Attorney General shall bring a civil action to collect the penalty. Before referring a penalty claim to the Attorney General, the Secretary may compromise the amount of the penalty. Before compromising the amount of the penalty, the Secretary shall give the person charged with a violation an opportunity to establish that the violation did not occur.(3) In determining the amount of a civil penalty under this subsection, the Secretary shall consider—(A) the nature, circumstances, extent, and gravity of the violation;(B) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and(C) other matters that justice requires.(b)Criminal Penalty.—A person that knowingly and willfully violates this chapter or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 3 years, or both. If the person is a corporation, the penalties of this subsection also apply to a director, officer, or individual agent of a corporation who knowingly and willfully authorizes, orders, or performs an act in violation of this chapter or a regulation prescribed or order issued under this chapter without regard to penalties imposed on the corporation.(c)Civil Actions by Attorney General.—The Attorney General may bring a civil action to enjoin a violation of this chapter or a regulation prescribed or order issued under this chapter. The action may be brought in the United States district court for the judicial district in which the violation occurred or the defendant is found, resides, or does business. Process in the action may be served in any other judicial district in which the defendant resides or is found. A subpena for a witness in the action may be served in any judicial district.(d)Civil Actions by States.—(1) When a person violates this chapter or a regulation prescribed or order issued under this chapter, the chief law enforcement officer of the State in which the violation occurs may bring a civil action—(A) to enjoin the violation; or(B) to recover amounts for which the person is liable under section 32710 of this title for each person on whose behalf the action is brought.(2) An action under this subsection may be brought in an appropriate United States district court or in a State court of competent jurisdiction. The action must be brought not later than 2 years after the claim accrues.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1054; Pub. L. 112–141, div. C, title I, § 31206(1), July 6, 2012, 126 Stat. 761.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

32709(a)

15:1988(b) (related to violating rules).

Oct. 20, 1972, Pub. L. 92–513, § 408(b) (related to violating rules), 86 Stat. 963; restated July 14, 1976, Pub. L. 94–364, § 406, 90 Stat. 983.

15:1990b.

Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §§ 412, 413; added July 14, 1976, Pub. L. 94–364, § 408(2), 90 Stat. 984; Oct. 28, 1986, Pub. L. 99–579, § 3, 100 Stat. 3311.

32709(b)

15:1988(b) (related to violating rules).

15:1990c.

32709(c)

15:1990.

Oct. 20, 1972, Pub. L. 92–513, § 410, 86 Stat. 963; restated July 14, 1976, Pub. L. 94–364, § 407, 90 Stat. 984.

32709(d)

15:1990a.

Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 411; added July 14, 1976, Pub. L. 94–364, § 408(2), 90 Stat. 984.

In subsection (a)(1), the words “that violates this chapter” are substituted for “who commits any act or causes to be done any act that violates any provision of this subchapter or omits to do any act or causes to be omitted any act that is required by any such provision” in 15:1990b(a) for consistency and to eliminate unnecessary words. The words “or a regulation prescribed or order issued under this chapter” are substituted for “No transferor shall violate any rule prescribed under this section” in 15:1988 for consistency in the revised title and because “rule” is synonymous with “regulations”. The words “A separate violation occurs for each motor vehicle or device involved in the violation” are substituted for “A violation of any such provision shall, for purposes of this section, constitute a separate violation with respect to each motor vehicle or device involved” in 15:1990b(a) to eliminate unnecessary words.

In subsection (a)(2), the words “on behalf of the United States” are omitted as surplus. The words “Before compromising the amount of a penalty, the Secretary shall give” are substituted for “after affording” for clarity. The words “to present views and evidence in support thereof” and “alleged” are omitted as surplus.

In subsection (b), the words “that knowingly and willfully violates this chapter” are substituted for “knowingly and willfully commits any act or causes to be done any act that violates any provision of this subchapter or knowingly and willfully omits to do any act or causes to be omitted any act that is required by such provision” to eliminate unnecessary words. The words “or a regulation prescribed or order issued under this chapter” are substituted for “No transferor shall violate any rule prescribed under this section” in 15:1988 for consistency in the revised title and because “rule” is synonymous with “regulation”. The words “fined under title 18” are substituted for “fined not more than $50,000” for consistency with title 18. The words “an act in violation of” are substituted for “any of the acts or practices constituting in whole or in part a violation of” to eliminate unnecessary words.

In subsections (c) and (d), the word “enjoin” is substituted for “restrain” for consistency.

In subsection (c), the words “The United States district courts shall have jurisdiction” are omitted because of 28:1331. The words “for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure” are omitted as surplus because the rules apply in the absence of an exemption from them. The words “the violation occurred” are substituted for “wherein any act, omission, or transaction constituting the violation occurred”, and the word “resides” is substituted for “is an inhabitant”, to eliminate unnecessary words. The words “may be served in” are substituted for “may run into” for clarity.

In subsection (d)(1), before clause (A), the words “this chapter or a regulation prescribed or order issued under this chapter” are substituted for “requirement imposed under this subchapter” for consistency. The words “civil action” are substituted for “any action” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).

In subsection (d)(2), the words “without regard to the amount in controversy” are omitted because jurisdiction is now allowed under 28:1331 without regard to the amount in controversy. The words “United States district court” are substituted for “district court of the United States” for consistency with the definition in section 32101 of the revised title and with other provisions of the chapter.

Editorial NotesAmendments

2012—Subsec. (a)(1). Pub. L. 112–141 substituted “$10,000” for “$2,000” and “$1,000,000” for “$100,000”.

Statutory Notes and Related SubsidiariesEffective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1995–2022 · leading case: PPG Indus., Inc. v. JMB/Houston Centers Partners Ltd. P'ship, 146 S.W.3d 79 (Tex. 2004).
PPG Indus., Inc. v. JMB/Houston Centers Partners Ltd. P'ship, 146 S.W.3d 79 (Tex. 2004). “See 49 U.S.C. § 32709 (providing for civil penalties of $2,000 per violation, and criminal penalties up to three years imprisonment).”
Bodine v. Graco, Inc., 533 F.3d 1145 (9th Cir. 2008). · cites it 3× “49 U.S.C. § 32709 (a). The Attorney General or the *1150 chief law enforcement officer of a state can bring suit to enjoin violations of the Act and its regulations.”
United States v. Sutton, 520 F.3d 1259 (10th Cir. 2008). “Sutton also relies on a number of civil odometer tampering cases that involved calculating damages under 49 U.S.C. §§ 32709 (a), 32710(a). As none of these cases involved estimating loss under the Guidelines, they are irrelevant to this case.”
Glendale Owens v. Samkle Auto. Inc., 425 F.3d 1318 (11th Cir. 2005). “To be sure, violators are subject to both civil and criminal penalties for “technical” violations even if they commit them without intent to defraud, see 49 U.S.C. § 32709 (a)-(b), as well as to suits for in-junctive relief by the United States and *1325 the fifty States.”
Garry Ioffe v. Skokie Motor Sales, Inc., Doing Bus. as Sherman Dodge, 414 F.3d 708 (7th Cir. 2005). “See 49 U.S.C. § 32709 . While the private right of action based on violations of 49 C.”
David J. Diersen v. Chicago Car Exch., 110 F.3d 481 (7th Cir. 1997). “49 U.S.C. § 32709 . In the exercise of prosecutorial discretion, the NHTSA may opt to conserve its resources by declining to prosecute certain classes of vehicles (e.”
Shaghoian v. Aghajani, 228 F. Supp. 2d 1107 (C.D. Cal. 2002). “§ 32710 ), see also 49 U.S.C. § 32709 (A transferor who violates the Odometer Act may be subject to both civil and criminal penalties.”
In Re Nissan North Am., Inc. Odometer Litig., 739 F. Supp. 2d 1017 (M.D. Tenn. 2010). “4 (e)(5) (2010); see also 49 U.S.C. § 32709 (2). In 1978, the agency promulgated a rule setting odometer accuracy requirements at +/-4% and requiring odometers to be tamper-resistant.”
Bodine v. Graco Inc. (9th Cir. 2008). · cites it 3× “49 U.S.C. § 32709 (a). The Attorney General or the chief law enforce- ment officer of a state can bring suit to enjoin violations of the Act and its regulations.”
Millennium Auto Sales LLC v. Pac. Specialty Ins. Co. (D. Ariz. 2022). “49 U.S.C. §§ 32709 , 32710. 28 The parties have not cited to any cases, and the Court is not aware of any, using 1 Arizona law to interpret the statutory language at issue here.”
Ioffe, Garry v. Skokie Motor Sales (7th Cir. 2005). “See 49 U.S.C. § 32709 . While the private right of action based on viola- tions of 49 C.”
Mitrano v. Jerry's Ford Sales (D.N.H. 1995). “Compare 49 U.S.C.A. § 32709 (c) (West Supp. 1995) (permitting nationwide service of process in civil actions brought for odometer fraud by United States Attorney General) with i d .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.