September 8, 2008
Meaning is Plain to Two Circuits ... but a Circuit Split
Love this: "Although they agree that
the plain language of the statute resolves the dispute, they
reach directly opposite conclusions." Bodine v. Graco, __ F.3d __ (9th Cir. 2008) (citing Owens v. Samkle Auto. Inc., 425 F.3d 1318 (11th Cir. 2005) (per curiam); Ioffe v. Skokie Motor Sales, Inc., 414 F.3d 708 (7th Cir. 2005).
The issue? Whether 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, such as its accident history.
Interesting fun read.
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