H.R. 10762: Anthony Amoros Law Right to Know Act

This bill would require sellers of certain used motor vehicles to either keep the airbag system working or clearly disclose that the airbags are missing or disabled when the vehicle is resold. It applies to vehicles manufactured on or after September 1, 1997.

What sellers would have to do

• A used car could not be sold through an auction, dealership, private sale, or other resale channel unless it has a functional airbag system or the seller gives a clear disclosure that the airbag system is missing or disabled.
• The disclosure would have to be in writing, in at least 10-point bold type, on the front of the sales contract, receipt, invoice, or other sales document.
• If there is a physical disclosure, it would also have to be shown with a conspicuous sign on the vehicle’s windshield.
• The seller would also have to disclose if the vehicle does not have an inflatable restraint system or has one that does not work.

How it would be enforced

• The Federal Trade Commission (FTC) would enforce these requirements.
• A violation would be treated as an unfair or deceptive act or practice under the Federal Trade Commission Act.
• The FTC would have the same enforcement powers it normally has under that law.
• State attorneys general and other state officials could also bring civil lawsuits to stop violations, enforce compliance, or seek damages and other relief, though they would need to notify the FTC first.
• If the FTC or the U.S. Attorney General already has a federal case pending against a defendant, states could not bring a separate case against that same defendant for the same conduct during that time.

Penalties

• The bill also creates a new federal crime for knowingly selling a covered vehicle with the required airbag-related deficiency without the required disclosure.
• For an attempted violation, the penalty could include a fine, up to 10 years in prison, or both.
• If someone is seriously injured, including paralysis, the penalty could include a fine, up to 20 years in prison, or both.
• If a death results, the penalty could include a fine, life imprisonment, or imprisonment for any term of years, or both.
• In other cases, the penalty could include a fine, up to 10 years in prison, or both.
• The court could also add up to $25,000 more in a case involving death or paralysis.

Other provisions

• The bill says it does not limit personal injury or wrongful death lawsuits.
• It defines covered vehicles as motor vehicles manufactured on or after September 1, 1997.

Relevant Companies

• None found