Section 12 Statutory and Actual Damages

• Library: Motor Vehicle 2011

Federal and state statutes both provide that any person who violates the requirements of the respective statutory provisions with an intent to defraud is liable for three times the amount of actual damages sustained, with a floor of $1,500 under the Federal Odometer Act, or $2,500 under the Missouri statute, plus costs and reasonable attorney fees. 49 U.S.C. § 32710; § 407.546.1, RSMo 2000. The Federal Odometer Act provides for minimum statutory damages of $1,500, but by regulation, the NHTSC increased the amount of minimum damages to $2,000. 49 C.F.R. § 578.6(f)(2). Because of the availability of treble damages, there is a huge incentive to determine all forms of actual damages.

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Constructive knowledge, recklessness, or even gross negligence in determining and disclosing actual mileage traveled by
a vehicle supports a finding of “intent to defraud.” Williams v. Fin. Plaza, Inc., 23 S.W.3d 656 (Mo. App. W.D. 2000) (citing Ryan v....