Odometer Rollback in Texas: Federal and State Remedies

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

An odometer rollback in Texas gives the buyer three separate bodies of law to work with. The Federal Odometer Act supplies the largest civil remedy, the greater of three times actual damages or $10,000, plus attorney's fees, under 49 U.S.C. § 32710. The Texas Deceptive Trade Practices Act lists odometer tampering by name in section 17.46(b)(16) and adds its own treble-damages and fee provisions. And Transportation Code section 727.002 makes the rollback itself a crime. This post explains how the three fit together and what a Texas auto fraud attorney does with them.

What Does the Federal Odometer Act Require?

The federal statute, 49 U.S.C. § 32705, requires the transferor of a motor vehicle to give the buyer a written disclosure of the cumulative mileage, and to state that the reading is not the actual mileage if the transferor knows it is not. The rules in 49 C.F.R. Part 580 dictate the form and the certifications. Under 49 U.S.C. § 32710(a), a person who violates the chapter or a regulation under it 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 a Texas state court, and requires an award of costs and a reasonable attorney's fee when the buyer obtains judgment.

The claim requires intent to defraud. In practice, a dealer that had the auction condition report, a prior title, or a vehicle history report showing higher mileage, and certified actual mileage anyway, may have a hard time arguing it didn't know. The Act is federal and reads the same for a Texas buyer as anywhere else; our Federal Odometer Act page walks through it in more depth.

What Does Texas Law Add on Disclosure?

Texas folds the federal rule into its title system. Transportation Code section 501.072 requires the transferor of a motor vehicle to give the transferee an odometer disclosure that complies with 49 U.S.C. § 32705, requires the buyer to record the reading on the title application, and directs the Department of Motor Vehicles to provide secure power-of-attorney and dealer reassignment forms consistent with 49 C.F.R. Part 580. The disclosure is usually on the assignment of title or a separate secure form; if the dealer used a power of attorney to sign for you, the form itself can be evidence.

For you as a Texas buyer, the state-law civil remedy comes through the DTPA and common-law fraud, and the state penalty comes through the criminal code. The Texas Attorney General's car-buying page tells buyers plainly that rolling back or changing the mileage is prohibited and that the seller must state the total mileage on the title assignment.

How Does the Texas DTPA Treat Odometer Fraud?

As a listed violation. Section 17.46(b)(16) of the Deceptive Trade Practices Act names disconnecting, turning back, or resetting an odometer to reduce the mileage indicated as a false, misleading, or deceptive act. A false mileage certification may also fit (b)(5), representing that goods have characteristics they do not have, and (b)(24), failing to disclose known information to induce the sale. Under section 17.50(b)(1), the buyer may recover economic damages; if the dealer acted knowingly, mental-anguish damages and up to three times the economic damages; if intentionally, up to three times both. Section 17.50(d) requires costs and reasonable and necessary attorney's fees to the prevailing consumer.

Is Odometer Rollback a Crime in Texas?

Yes. Transportation Code section 727.002 makes it an offense to disconnect or reset an odometer, with intent to defraud, to reduce the miles indicated. A first offense is punishable by confinement in the county jail for up to two years, a fine of up to $1,000, or both; a repeat offense carries at least 30 days and a fine of up to $2,000. The criminal statute does not pay the buyer anything, but a rollback can also be a fraudulent act against a purchaser that supports license discipline by the Texas DMV under Occupations Code section 2301.651(a)(6), and a civil penalty of up to $10,000 per violation under section 2301.801.

How Is a Rollback Proven?

From records the dealer does not control:

• Prior title and odometer disclosures. A reading that goes down between transfers is usually the core of the case. The Texas DMV's Title Check service and the National Motor Vehicle Title Information System report odometer brands and prior readings.
• Service and inspection records. Texas inspection reports typically recorded the odometer reading while the annual safety inspection was in force; that program ended for non-commercial vehicles on January 1, 2025, but older inspection records and emissions-test records in the listed counties still exist. Service departments, oil-change chains, and tire shops fill the gap.
• 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 the federal claim and the DTPA's knowing and intentional tiers.

How Long Do You Have to Sue?

The Federal Odometer Act, the Texas DTPA (section 17.565), and common-law fraud (Civil Practice and Remedies Code section 16.004(a)(4)) each set their own deadline, and a DTPA claim also requires the 60-day notice under section 17.505 before suit. 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 disclosure, the buyer's order, the Buyers Guide, and the ad each state a mileage figure, and the disclosure shows which certification box was checked. Those documents, side by side, are what the claim is built from.
2. The historyA Title Check record for the VIN, a 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 Texas DMV's Enforcement Division takes dealer complaints online and investigates sales-practice violations. The Attorney General's Consumer Protection Division also accepts complaints. Neither pursues your 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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