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1.1.2.2 Structure of the Chapters

Section 1.2, infra, lists the types of automobile fraud that are covered in this treatise. Other ways to pinpoint specific issues include use of the detailed table of contents, this treatise’s index, and use of the online version of this treatise’s search feature.

Section 1.3, infra, lists the types of automobile fraud examined in other NCLC treatises. Section 1.4, infra, provides an automobile litigation checklist, covering most issues that can come up in a lawsuit involving an automobile, with cross-references (links online) to the NCLC treatise where those topics are examined.

Chapter 2, infra, describes the various types of automobile fraud treated in this treatise and describes how to investigate issues applicable to almost any type of automobile fraud case. Chapter 3, infra, details what a consumer attorney should know about automobile title law in order to handle a fraud case. Chapter 4, infra, examines two situations in which deception relates to ownership of the vehicle. The chapter primarily focuses on yo-yo transactions in which the consumer drives home with the vehicle, but the dealer later cancels the sale. The chapter also examines sublease scams in which a broker allegedly arranges for another consumer to take over a credit or lease obligation. Chapter 5, infra, examines the compliance requirements of the federal odometer statute and, to a lesser extent, state odometer statutes. Chapter 6, infra, analyzes the remedies available for violations of both federal and state odometer statutes.

Chapter 7, infra, reviews state statutes dealing specifically with automobile fraud issues, such as state salvage laws, new and used car damage disclosure laws, lemon laundering laws, dealer licensing laws, automobile auction laws, laws requiring inspection of vehicles, gray market vehicle laws, airbag laws, laws requiring disclosure of the prior use of a vehicle, and special private causes of action created by state motor vehicle statutes. Chapter 8, infra, provides a summary of common law fraud standards as they relate to automobile fraud, including an important discussion of punitive damages.

Chapter 9, infra, examines a number of claims that apply to almost any type of consumer abuse and explains how such claims as breach of warranty, cancellation of contracts due to mistake, unfair or deceptive acts or practices (UDAP), federal and state racketeer influenced corrupt organizations (RICO) acts, lease unconscionability, and negligence apply to automobile fraud. Chapter 10, infra, is a practical chapter on litigation issues which arise in any type of automobile fraud claim: advising the client, pleading, jurisdictional issues, evidentiary issues, trial, damage recoveries, settlements, attorney fees, and collecting on the judgment.