13.2 Odometer Tampering, Motor Vehicle Information and Cost Savings Act (49 U.S.C. § 32701 et seq.)

• Library: Federal Civil Jury Instructions for the Fifth Circuit
• Edition: 2020

13.2 Odometer Tampering, Motor Vehicle

Information and Cost Savings Act (49

U.S.C. § 32701 et seq.)

Plaintiff [name] claims that [Defendant [name]]

[Defendant [name]’s agent] violated a federal statute

prohibiting tampering with odometers in motor vehicles.

An odometer is the instrument the manufacturer places

in the vehicle to measure and record the total, actual

distance or mileage the vehicle has been driven.

[Plaintiff [name] claims that [Defendant [name]]

[Defendant [name]’s agent], with the intent to defraud,

changed the vehicle’s odometer by [disconnecting/

resetting/altering; specify the alleged conduct covered

by the Act] to show a lower number of miles than the

vehicle actually had been driven.]1To succeed on this

claim, Plaintiff [name] must prove both of the following

by a preponderance of the evidence:2

1. [that [Defendant [name]] [Defendant [name]’s

agent] changed the vehicle’s odometer to show a lower

1This bracketed language should be used when the claim is based on

an alleged violation of 49 U.S.C. § 32703(2). If the claim is based on an al-

leged violation of 49 U.S.C. § 32703(3) or § 32705, this language should be

modified, as follows:

§ 32703(3)

Plaintiff claims that Defendant [or its agent], with the intent to

defraud, operated the vehicle knowing that the odometer was discon-

nected or not functional.

§ 32705

Plaintiff claims that Defendant [or its agent], with the intent to

defraud, failed to provide an accurate written odometer disclosure state-

ment on the vehicle when it was transferred.

2The Fifth Circuit has indicated that preponderance of the evidence

is the appropriate standard under this statute. See Landrum v. T.C.

Goddard, 921 F.2d 61, 63 (5th Cir. 1991) (interpreting 15 U.S.C. §§ 1981,

1991, which was recodified in 1994 at 49 U.S.C. §§ 32701-32711).

13.2

MISCELLANEOUS FEDERAL CLAIMS

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