49 U.S.C. § 32710

Civil actions by private persons

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(a)Violation and Amount of Damages.—A person that violates this chapter or a regulation prescribed or order issued under this chapter, with intent to defraud, is liable for 3 times the actual damages or $10,000, whichever is greater.(b)Civil Actions.—A person may bring a civil action to enforce a claim under this section in an appropriate United States district court or in another court of competent jurisdiction. The action must be brought not later than 2 years after the claim accrues. The court shall award costs and a reasonable attorney’s fee to the person when a judgment is entered for that person.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1055; Pub. L. 112–141, div. C, title I, § 31206(2), July 6, 2012, 126 Stat. 761.)

Historical and Revision Notes
32710(a)	15:1989(a)(1).	Oct. 20, 1972, Pub. L. 92–513, § 409, 86 Stat. 963.
32710(b)	15:1989(a)(2), (b).

Historical and Revision Notes

32710(a)

15:1989(a)(1).

Oct. 20, 1972, Pub. L. 92–513, § 409, 86 Stat. 963.

32710(b)

15:1989(a)(2), (b).

In subsection (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.

In subsection (b), the words “A person may bring a civil action to enforce a claim” are substituted for “An action to enforce any liability created . . . may be brought” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The word “appropriate” is added for clarity. 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 “after the claim accrues” are substituted for “from the date on which the liability arises” to eliminate unnecessary words. The words “The court shall award . . . to the person when a judgment is entered for that person” are substituted for “in the case of any successful action to enforce the foregoing liability . . . as determined by the court” for clarity.

Editorial NotesAmendments

2012—Subsec. (a). Pub. L. 112–141 substituted “$10,000” for “$1,500”.

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 109 cases (35 in the last 5 years), 1995–2026 · leading case: Quinn v. Cherry Lane Auto Plaza, Inc., 225 P.3d 266 (Wash. Ct. App. 2009).

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Quinn v. Cherry Lane Auto Plaza, Inc., 225 P.3d 266 (Wash. Ct. App. 2009). · cites it 5× “A private right of action is created in 49 U.S.C. § 32710 : (a) Violation and Amount of Damages.”

Austin v. Stokes-Craven Holding Corp., 691 S.E.2d 135 (S.C. 2010). · cites it 6× “To satisfy this burden, Stokes-Craven claims Austin was required to establish that it violated the Act with a specific intent to defraud regarding the truck's mileage.”

Williams v. Fin. Plaza, Inc., 78 S.W.3d 175 (Mo. Ct. App. 2002). · cites it 6× “49 U.S.C. § 32710 (a) (1997). The federal statute does not define the term “actual damages”; however, the term was interpreted in the landmark case, Duval v.”

A.J.'s Auto. Sales, Inc. v. Freet, 725 N.E.2d 955 (Ind. Ct. App. 2000). · cites it 6× “Newman contends that she is entitled to summary judgment on the allegation that she violated the Odometer Act because the “uncontroverted” evidence “establishes” that the erroneous odometer reading on the title was the result of a clerical error on the BMV’s part, and not a…”

Glendale Owens v. Samkle Auto. Inc., 425 F.3d 1318 (11th Cir. 2005). · cites it 3× “]” 49 U.S.C. § 32710 (a) (2000). The parties do not dispute that Owens properly alleged that Samkle violated the Odometer Act, and that it did so with the intent to defraud her.”

Nigh v. Koons Buick Pontiac GMC, Inc., 143 F. Supp. 2d 535 (E.D. Va. 2001). · cites it 3× “” See 49 U.S.C. § 32710 ; Compton v. Alta Vista Motors, Inc.”

PPG Indus., Inc. v. JMB/Houston Centers Partners Ltd. P'ship, 146 S.W.3d 79 (Tex. 2004). “C could also sue A directly under federal law, see 49 U.S.C. § 32710 , though we concede the gist of our colleagues’ hypothetical that such will not be the case for every claim in the DTPA’s laundry list.”

Rivera Castillo v. Autokirey, Inc., 379 F.3d 4 (1st Cir. 2004). · cites it 2× “Pursuant to 49 U.S.C. § 32710 (b), we direct the district court to award attorney’s fees and costs related to this appeal in an appropriate amount.”

Bodine v. Graco, Inc., 533 F.3d 1145 (9th Cir. 2008). · cites it 3× “The intent-to-defraud language is found in 49 U.S.C. § 32710 (a), which is captioned “Violation and amount of damages.”

David J. Diersen v. Chicago Car Exch., 110 F.3d 481 (7th Cir. 1997). · cites it 2× “49 U.S.C. § 32710 . The district court granted the defendant’s motion for summary judgment, relying upon a regulation promulgated by the National Highway Traffic Safety Administration (“NHTSA”) which purports to exempt vehicles that are at least ten years old (such as the one…”

Alexander v. Se. Wholesale Corp., 978 F. Supp. 2d 615 (E.D. Va. 2013). · cites it 2× “” 49 U.S.C. § 32710 (b). Both parties agree that because the cause of action is based on the fraudulent intent of the seller, the federal “discovery rule” applies.”

Carrasco v. Fiore Enter., 985 F. Supp. 931 (D. Ariz. 1997). · cites it 4× “§ 1989 was *935 replaced by 49 U.S.C. § 32710 . Section 32710(b) now provides that “[a] person may bring a civil action to enforce a claim under this section .”

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