Auto Fraud Consumer Fraud Examples

• Failure to disclose that the car had sustained damage in an accident. Totz v. Continental DuPage Acura, 602 N.E.2d 1374 (Ill.App.Ct 1992)

• Failure to disclose engine damage. Slaney v. Westwood Auto, 322 N.E.2d 768 (Mass. 1975).

• Failure to disclose defective brakes. Mahan Volkswagon v. Hall, 648 S.W.2d 324 (Tex.Civ.App. 1982)

• Failure to disclose that a new car had been damaged in transit and repaired. Pirozzi v. Pesnke Olds Cadillac, 605 A.2d. 373 (PA. Super. Ct. 1992).

• Failure to disclose that the vehicle had been used as a racing vehicle. Testo v. Russ Dunmeyer Olds, 554 P.2d. 349 (Wash. 1976).

• Failure to disclose MSRP. Ciampi v. Ogden Chrysler Plymouth, 634 N.E. 448 (Ill.App. 1994).
• Failure to disclose that the odometer was inaccurate. The Court held that intent could be inferred if the seller reasonably should have known that the mileage was inaccurate. Seller had exclusive control during period of alleged rollback. Huycke v. Greenway, 876 F.2d 94 (11th Cir. 1989).

• Failure to disclose mileage properly under circumstances that required the dealer to know about the discrepancy. Nieto v. Pence, 578 F.2d. 640 (5th.Cir. 1978).

• Statements made recklessly or carelessly without any reasonable ground for a belief in truth as to the mileage constitutes intent to defraud. Jones v. Fenton Ford, 427 F.Supp 1328 (D.Conn. 1977).

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