CERTIFIED MAIL – RETURN RECEIPT REQUESTED

 

Dwayne Bitz

Prospeedo

1178 N Grove St., Suite D

Anaheim, CA  92806-2125  

                       

            Re:       Marketing and Use of Devices Prohibited by Federal Odometer Law

 

Dear Mr. Bitz:

 

The National Highway Traffic Safety Administration (“NHTSA”) is actively investigating potential violations of Federal odometer law. 

 

Federal law prohibits the marketing for sale and sale of devices that are capable of accessing a motor vehicle’s computer system to alter the mileage displayed on the vehicle’s odometer.  These devices make odometers register a mileage different from the mileage the vehicle was driven, whether or not the device is actually used to do so, and thus their marketing and sale violates the prohibition.  Pursuant to 49 U.S.C. § 32703: “A person may not—(1) advertise for sale, sell, use, install, or have installed, a device that makes an odometer of a motor vehicle register a mileage difference from the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer.”  Federal law also makes it illegal to “disconnect, reset, alter, or have disconnected, reset, or altered an odometer of a motor vehicle intending to change the mileage registered by the odometer.”  49 U.S.C. § 32703(2).[1]  A person that violates Federal odometer law is subject to criminal and civil penalties, as set forth in 49 U.S.C.

§ 32709.

 

Based upon information, products, and services advertised for sale on your websites, http://www.prospeedo.com/, http://www.socalspeedometer.com/, and http://www.speedodepot.com/, NHTSA believes that Prospeedo is engaged in activity in violation of Federal odometer law.  Specifically, Prospeedo advertises for sale three products that alter odometer readings.  These are the BIG 3 OBD, the PRO 9.0, and the 9S12/912.  Prospeedo also advertises services, including: “We can Reset the Mileage Reading to your Requirement.”        

 

Prospeedo must immediately cease and desist all activity in violation of Federal odometer law.  In addition, within three weeks after receipt of this letter, you are directed to send to my office a list of every customer (including names and addresses): (1) who purchased a BIG 3 OBD, PRO 9.0, 9S12/912, or other product that alters odometer readings; and/or (2) for whom Prospeedo altered an odometer reading.  For each such customer, identify the product or service that you provided to that customer and the date.  

 

                                                                        Sincerely,

 

 

 

                                                                        O. Kevin Vincent

                                                                        Chief Counsel

Dated: 8/6/13

Warning letter re: electronic devices (Prospeedo).docx

 



[1]  “A person may service, repair, or replace an odometer of a motor vehicle if the mileage registered by the odometer remains the same as before the service, repair, or replacement.”  49 U.S.C. § 32704(a). “If the mileage cannot remain the same—(1) the person shall adjust the odometer to read zero; and (2) the owner of the vehicle or agent of the owner shall attach a written notice to the left door frame of the vehicle specifying the mileage before the service, repair, or replacement and the date of the service, repair, or replacement.”  49 U.S.C.

§ 32704(a).