Is Odometer Rollback a Felony?

Yes. In the United States, deliberately rolling back or otherwise tampering with a vehicle’s odometer is a federal crime that carries potential prison time and significant fines, making it a felony-level offense when committed with intent to defraud. Most U.S. states also treat odometer fraud as a felony under their own laws, while some lesser, paperwork-only violations may be charged as misdemeanors. The specifics can vary by jurisdiction and the facts of the case.

What U.S. law says

At the federal level, odometer tampering is prohibited under the Motor Vehicle Information and Cost Savings Act (often called the Federal Odometer Act), codified at 49 U.S.C. Chapter 327, with implementing regulations at 49 C.F.R. Part 580. The law makes it illegal to alter, disconnect, or reset an odometer with intent to change the recorded mileage, or to make false mileage disclosures during sale or transfer. Because the maximum penalty includes imprisonment of more than one year, a willful violation with intent to defraud is a felony under the federal classification system.

Criminal penalties (federal)

Willful violations with intent to defraud can be prosecuted criminally, punishable by fines and imprisonment (up to three years per count), or both, under 49 U.S.C. § 32709. In larger fraud schemes, prosecutors often add related charges—such as mail or wire fraud—that can further increase potential prison exposure and fines.

Civil penalties and private lawsuits

In addition to criminal exposure, federal law allows for civil enforcement and private lawsuits. Civil penalties can be assessed per violation by the National Highway Traffic Safety Administration (NHTSA), with maximum amounts adjusted annually for inflation—commonly exceeding $10,000 per violation in recent years. Private buyers can bring a civil action under 49 U.S.C. § 32710 to recover the greater of treble (three times) actual damages or $10,000, plus reasonable attorney’s fees and costs.

Odometer disclosures and modern rules

Federal rules also require mileage disclosure upon transfer of ownership. A 2021 update extended disclosure requirements for vehicles of model year 2011 and newer to 20 years from the date of manufacture, closing loopholes for late-model cars with digital odometers. Falsifying these disclosures is itself a violation and can be part of a criminal or civil case.

State laws: felony vs. misdemeanor

States mirror the federal scheme, but classifications and penalties differ. In many states, odometer tampering is a felony on its own; in others, false statements or negligent record-keeping tied to mileage may be charged as misdemeanors unless there’s clear intent to defraud or a larger scheme.

• Felony by default: Many states classify odometer tampering as a felony, with potential imprisonment and significant fines. For example, Florida treats odometer tampering as a third-degree felony, punishable by up to five years in prison and fines under its general sentencing statutes.
• Misdemeanor for lesser conduct: Some jurisdictions reserve felony charges for intentional tampering or schemes involving multiple vehicles, while isolated paperwork violations without proof of intent may be misdemeanors.
• Dealer and repair-shop aggravators: Penalties can be enhanced when the conduct involves licensed dealers, rebuilders, or repeated offenses, reflecting greater consumer harm.

Bottom line: Whether charged under state or federal law, intentional rollback is serious and commonly prosecuted as a felony; the precise charge and sentence depend on evidence of intent, the number of vehicles, and any prior offenses.

How cases are proven

Prosecutors and regulators typically piece together mileage histories and intent to defraud through records and digital evidence. Modern vehicles and titling systems leave substantial trails that can contradict a rolled-back odometer.

• Document trails: Title and registration records, odometer disclosure statements, maintenance/service invoices, emissions tests, and inspection reports.
• Digital footprints: Telematics data, onboard control unit logs, and manufacturer service histories for newer vehicles.
• Market patterns: Multiple cars from the same seller with suspicious mileage drops, or mismatches between wear-and-tear and recorded miles.
• Communications: Texts, emails, or ads that misstate mileage can help establish intent.

This evidence can support both criminal charges (intent to defraud) and civil claims (damages and attorney’s fees) by buyers and authorities.

Outside the United States

Odometer tampering is also illegal in many other countries, though the exact charges and penalties vary. The European Union and several member states have strengthened anti-tampering measures and inspection protocols; Canada treats rollback as a form of fraud under federal and provincial laws, complemented by consumer-protection regimes. If you’re outside the U.S., check the specific criminal and consumer laws in your jurisdiction.

What to do if you suspect odometer rollback

If you believe a vehicle’s mileage has been rolled back, acting promptly improves your chances of recovery and helps enforcement agencies target ongoing schemes.

• Collect evidence: Keep sale contracts, ads, screenshots, vehicle history reports, service records, and photos of the odometer and wear items.
• Report it: Contact your state DMV enforcement unit or attorney general’s consumer protection division. You can also file a complaint with NHTSA and, where appropriate, local law enforcement.
• Get an independent inspection: A mechanic’s report can document inconsistencies between wear and recorded mileage.
• Consult an attorney: Discuss a civil action under the Federal Odometer Act for treble damages or $10,000 minimum, plus attorney’s fees.
• Notify your insurer and, if applicable, your lender: They may have fraud procedures that can assist your case.

These steps can help preserve your rights, assist investigators, and deter further fraud by the seller.

Summary

In the U.S., odometer rollback is illegal and, when done willfully with intent to defraud, constitutes a federal felony—punishable by fines and up to three years’ imprisonment per count—on top of state-level charges. Civil penalties and private lawsuits can add treble damages or a statutory minimum plus attorney’s fees. Most states also classify intentional odometer tampering as a felony, while minor paperwork violations may be misdemeanors. If you suspect rollback, document everything, report it, and consider legal action to protect your interests.

Can I sue someone for selling me a car with a rolled back odometer?

Yes, you can sue someone for selling you a car with incorrect mileage, as this is illegal odometer fraud, which violates both federal and state laws. To pursue a lawsuit, you should gather evidence of the mileage discrepancy, report the fraud to the National Highway Traffic Safety Administration (NHTSA) and your state’s Department of Motor Vehicles (DMV), and consult with a consumer protection attorney to understand your legal options and build your case. 
Steps to Take

1. Gather Evidence: Collect all documents related to the vehicle sale, including the title, sale agreement, and any odometer disclosure forms. Look for additional evidence of the true mileage, such as old oil change stickers, maintenance records, or a vehicle history report. 
2. Contact the Seller: Reach out to the seller to discuss the discrepancy. They may be unaware of the issue and willing to resolve it. 
3. Report the Fraud:
   • NHTSA: File a complaint with the National Highway Traffic Safety Administration (NHTSA), as they define and address odometer fraud under federal law. 
   • State DMV: Report the fraud to your state’s Department of Motor Vehicles (DMV). 
   • Police: Consider filing a police report, as odometer fraud can be a criminal offense. 
4. Consult an Attorney: Speak with a consumer protection lawyer or a lawyer specializing in auto fraud. They can assess your evidence, determine the appropriate legal path (such as a civil lawsuit for fraud or damages), and advise you on the applicable state and federal laws. 

Why This Is Possible

• Federal and State Laws: Odometer fraud is prohibited under the Federal Odometer Act (part of the Motor Vehicle Information and Cost Savings Act) and various state laws, including California’s. 
• Knowingly Misrepresenting Mileage: These laws make it illegal for anyone, including private sellers and dealerships, to knowingly alter, misrepresent, or fail to disclose the true mileage of a vehicle. 
• Right to Sue: Victims of odometer fraud can sue for damages under these laws. 

When can you legally reset the odometer?

Is Resetting the Odometer Legal? While it’s possible to reset the odometer, it’s illegal to do so. If you’re trying to sell your vehicle, resetting the mileage can upset the person you’re dealing with since you’re not truthfully representing the vehicle’s real mileage.

What happens if I buy a car with an odometer rollback?

If the car was purchased at a dealer you can report to the state DMV, many states will send investigators out. You can try to force a buy back or go to small claims court or speak with an lawyer. Odometer tampering is a pretty serious offence.

Can dealers roll back mileage?

You may feel more confident buying a used vehicle with 20,000 miles on the odometer than one with 120,000 miles. Unfortunately, auto dealers can commit fraud by tampering with the odometer reading to roll back the actual mileage.