49 U.S.C. § 32711
Relationship to State law
Historical and Revision Notes | ||
|---|---|---|
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
32711 | 15:1991. | Oct. 20, 1972, Pub. L. 92–513, § 418, 86 Stat. 963; July 14, 1976, Pub. L. 94–364, § 408(1), 90 Stat. 984. |
In this section, before clause (1), the words “and then only to the extent of the inconsistency” are omitted as surplus. In clause (1), the word “affect” is substituted for “annul, alter, or affect” to eliminate unnecessary words. In clause (2), the words “subject to the provisions of this subchapter” are omitted as surplus.
Notes of Decisions
Cited in 7
cases, 1997–2010 · leading case: Austin v. Stokes-Craven Holding Corp., 691 S.E.2d 135 (S.C. 2010).
Austin v. Stokes-Craven Holding Corp., 691 S.E.2d 135 (S.C. 2010). “49 U.S.C.A. § 32711 . [7] Although we do not think it was prejudicial to Stokes-Craven, we note the trial judge in his written order referenced Dennis Craven's testimony to conclusively establish the dealership's net profit as $1,365,000.”
Miguel Perez v. Z Frank Oldsmobile, Inc., Cross-Appellee, 223 F.3d 617 (7th Cir. 2000). “What point would the statutes serve if in the end the common law of fraud were the effective authority to award damages? The state’s legislature could have said that the award is to be determined under the law of fraud, or it could have written that treble damages are just a…”
Bodine v. Graco, Inc., 533 F.3d 1145 (9th Cir. 2008). “49 U.S.C. § 32711 (indicating that state law is preempted only if it is “inconsistent” with the Act; otherwise, the Act does not “exempt a person from complying with that law”).”
Simpson v. Anthony Auto Sales, Inc., 32 F. Supp. 2d 405 (W.D. La. 1998). “Title 15, United States Code, section 1991 , which has since been reworded and recodified at 49 U.S.C. § 32711 , provides: This subchapter does not— (1) annul, alter, or affect the laws of any State with respect to the disconnecting, altering, or tampering with odometers with…”
Riggs v. Anthony Auto Sales, Inc., 32 F. Supp. 2d 411 (W.D. La. 1998). “Title 15, United States Code, section 1991 , which has since been reworded and recodified at 49 U.S.C. § 32711 , provides: This subchapter does not— (1) annul, alter, or affect the.”
Glover v. Gen. Motors Corp., 959 F. Supp. 332 (W.D. Va. 1997). “While the Act does not preempt any state law dealing with odometer fraud, 49 U.S.C. § 32711 (1994) (previously codified at 15 U.”
Bodine v. Graco Inc., No. 06-16271 (9th Cir. July 23, 2008). “49 U.S.C. § 32711 (indicat- ing that state law is preempted only if it is “inconsistent” with the Act; otherwise, the Act does not “exempt a person from complying with that law”).”
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