Odometer Fraud in Michigan: MCL 257.233a and the Federal Odometer Act

By Joshua Feygin, Esq. · Odometer Fraud · Updated September 2026

Odometer fraud in Michigan is a dealer claim with two treble-damages statutes behind it, one state and one federal. The state law, MCL 257.233a, requires a written odometer mileage statement on every transfer, makes tampering a felony, and in subsection (15) gives the buyer three times actual damages or $1,500, whichever is greater, plus costs and attorney's fees. The federal law, the Federal Odometer Act, adds the greater of three times actual damages or $10,000, plus attorney's fees, under 49 U.S.C. § 32710. This post explains what each requires, how the two fit together, and what a Michigan auto fraud attorney does with them.

What Does MCL 257.233a Require?

MCL 257.233a, in the title-transfer part of the Michigan Vehicle Code, requires the transferor of a vehicle to give the buyer a written odometer mileage statement before delivery, either on the certificate of title or on a separate signed form. Subsection (1) lists what it must contain: the odometer reading without tenths, the date of transfer, the names and addresses of both parties, the vehicle's make, model, year, body type, and identification number, a reference to the state and federal law with a warning about penalties, a space for the buyer's signature and printed name, and one of three certifications.

Those certifications are the heart of the statute. The transferor certifies that the reading reflects the actual mileage; or that the reading reflects mileage in excess of the odometer's designed mechanical limit; or that the reading does not reflect the actual mileage and should not be relied on, with a warning that a discrepancy exists. A dealer that knew the reading was wrong and certified actual mileage anyway may have made a false statement on a document the law requires.

The statute also regulates the dealer's paperwork. Under subsection (4), a dealer may not accept an incomplete odometer statement from the person it buys the car from, and under subsection (11) it must keep copies of every odometer statement for five years. Subsection (6) prohibits disconnecting, resetting, or altering an odometer with intent to change the mileage, and subsection (7) makes that a felony. The Department of State's dealer FAQ explains that when the title carries a conforming odometer statement, the statement on the title is the one used.

What Is the Michigan Civil Remedy for Odometer Fraud?

Subsection (15) of MCL 257.233a. A person who intentionally violates subsection (1), the disclosure rules, or subsection (6), the tampering rules, is liable to the buyer for three times actual damages or $1,500, whichever is greater, together with court costs and reasonable attorney's fees when the buyer recovers. As a Michigan buyer, you have this state remedy in addition to the federal one, and the two are pleaded together.

What Does the Federal Odometer Act Add?

The larger remedy and federal jurisdiction. Under 49 U.S.C. § 32710(a), a person who violates the odometer chapter or its regulations with intent to defraud is liable for three times the actual damages or $10,000, whichever is greater. Section 32710(b) lets the buyer sue in federal district court or any other court of competent jurisdiction, including the Michigan district and circuit courts, and requires an award of costs and a reasonable attorney's fee when judgment is entered for the buyer. The underlying disclosure duty is in 49 U.S.C. § 32705 and 49 C.F.R. Part 580, which is why Michigan's form tracks the federal one.

The federal claim requires intent to defraud. In practice, many courts have treated reckless disregard for the truth of the mileage as sufficient, and a dealer that had the auction condition report or the prior title in its file may have a hard time arguing it didn't know. The Act is federal and reads the same for a Michigan buyer as anywhere else; our Federal Odometer Act page walks through it in more depth.

What Other Michigan Claims Apply?

A false mileage certification can be a false statement of material fact, which supports common-law fraud, and a representation that the car has characteristics it does not have under MCL 445.903(1)(c) of the Michigan Consumer Protection Act, with actual damages or $250 and attorney's fees under MCL 445.911(2). For years the MCPA was largely unavailable against licensed dealers; that changed with the Michigan Supreme Court's July 2026 decision in Attorney General v. Eli Lilly and Company, explained in our post on whether the Michigan Consumer Protection Act covers car dealers. A rollback can also be a fraudulent act in connection with selling vehicles, which is grounds for license discipline under MCL 257.249 and may be a covered loss under the dealer's $25,000 surety bond in MCL 257.248(2) once a judgment is entered.

How Is a Rollback Proven?

From records the dealer does not control:

• Prior title and odometer statements. A reading that goes down between transfers is usually the core of the case. Every prior dealer had to keep its odometer statements for five years.
• Service records. Because Michigan does not require a periodic safety inspection that would log mileage, service departments, oil-change chains, and tire shops are the main source of dated readings.
• Vehicle history reports. Auction listings, insurance claims, and prior retail listings usually carry a mileage.
• The car itself. Engine and body control modules store mileage independently of the instrument cluster.

The dealer's own deal jacket usually contains the auction condition report or trade-in appraisal that showed the true mileage. That document, obtained in discovery, is often the intent evidence for both statutes.

How Long Do You Have to Sue?

The Federal Odometer Act, the Michigan statutory claim under MCL 257.233a(15), Michigan's general personal-action statute (MCL 600.5813), and the Consumer Protection Act (MCL 445.911(9)) each carry their own deadline, and they are not all the same length. The clock can start earlier than people expect. Which deadline applies to a particular purchase depends on the claim and the facts, and is a question for an attorney who has reviewed the documents.

What Matters if You Suspect a Rollback?

General information, not advice for your situation. Whether any step helps or hurts a claim depends on your facts, your contract, and your deadlines; an attorney can tell you which applies.

1. The paperThe title, the odometer statement, the purchase agreement, the Buyers Guide, and the ad each state a mileage figure, and the odometer statement shows which certification box was checked. Those documents, side by side, are what the claim is built from.
2. The historyA vehicle history report, service records, and a photograph of the current odometer show whether the reading went backward and when.
3. The dealer's fileA dealer that learns of the problem before its file is preserved may not have the same file later. A preservation demand from counsel is typically how the deal jacket and auction records are locked down.
4. The stateThe Department of State's Regulatory Monitoring Division takes dealer complaints on form SOS-197 and investigates odometer violations. The Attorney General's Consumer Protection team also accepts complaints. Neither awards damages.
5. EvaluationDocuments submitted through the free case evaluation are reviewed by an attorney. If an attorney can assist, you'll receive an intake questionnaire and retainer agreement.

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