Section 141. Whoever advertises for sale, sells, uses, installs or has installed any device which causes an odometer to register any mileage other than the true mileage driven, or whoever resets, or alters the odometer of any motor vehicle with the intent to change the number of miles indicated thereon, or whoever, with the intent to defraud, operates a motor vehicle on any street or highway knowing that the odometer of such vehicle is disconnected to nonfunctional, shall be liable in a civil action of tort or contract in an amount equal to the sum of three times the amount of actual damages sustained or one thousand five hundred dollars, whichever is the greater, plus the costs of the action together with reasonable attorney fees as determined by the court.
A violation of the provisions of this section shall constitute an unfair method of competition under chapter ninety-three A.
For the purposes of this section, the true mileage driven shall be that mileage traveled by the motor vehicle as registered by the odometer within the manufacturer’s designed tolerance.
The term “odometer”, as used in this section and in section one hundred and forty-one A, shall mean an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but shall not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips.
Nothing in this section and section one hundred and forty-one A shall prevent the service, repair or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair or replacement. Where the odometer is incapable of registering the same mileage as before such service, repair or replacement, the odometer shall be adjusted to read zero and a notice in writing shall be attached to the left door frame of the vehicle by the owner or his agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced.
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