Appellate Law

CARFAX Should Publicize This One

By Greg May

Image via Wikipedia

CARFAX, a company that provides vehicle histories for automobiles (largely to used car buyers before the purchase) already runs some pretty clever ads on TV, so they don’t need any advice from me. But they might want to publicize this:

Does the Motor Vehicle Information and Cost Savings Act (?the Odometer Act? or ?the Act?), 49 U.S.C. §§ 32701-32711, and its implementing regulations, 49 C.F.R. pt. 580, allow a private right of action where the fraud relates to something other than the vehicle?s mileage?in this case, its accident history?

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[W]e conclude that the private right of action under the Odometer Act is limited to allegations of fraud relating to a vehicle?s mileage.

The case is Bodine v. Graco, Inc., case no. 06-16271 (9th Cir. July 24, 2008).

Full post as published by The California Blog of Appeal on July 25, 2008 (boomark / email).