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119-hr-10762119th CongressWALLET

Anthony Amoros Law Right to Know Act

Sponsored By: Representative Lawler, Michael [R-NY-17]

Introduced

Summary

Establishes mandatory safety disclosures and penalties for reselling vehicles with missing or nonfunctional airbags. This bill would require sellers to disclose when an inflatable restraint system is absent or disabled for vehicles made on or after September 1, 1997, set formatting rules for those disclosures, and pair civil enforcement by the Federal Trade Commission with state suits and criminal penalties for unsafe sales.

Show full summary
  • Buyers and families would get clear, visible warnings when airbags are missing or disabled on covered vehicles. Sellers must put the disclosure in ten-point boldface on sale papers or use a conspicuous windshield sign.
  • Dealers, auction houses, and individual sellers would face FTC enforcement treating violations as unfair or deceptive acts and could be criminally prosecuted for selling unsafe vehicles. Courts may award up to $25,000 in cases involving death or paralysis.
  • States could sue on behalf of residents to stop noncompliant sales, seek damages, or force restitution, but must notify the FTC and may be limited while a related federal action is pending. The FTC can intervene and use its full powers under the FTC Act.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

New criminal penalties for unsafe resales

If enacted, knowingly selling a covered motor vehicle (made on or after September 1, 1997) that both lacks a functional airbag system and lacks or has a non-functioning inflatable restraint system, without the required written or windshield disclosure, would be a federal crime. An attempt could bring up to 10 years in prison. If serious bodily injury including paralysis results, the penalty could be up to 20 years. If a death results, the penalty could be any term of years or life. Convictions could also include fines.

New airbag disclosure rules for buyers

If enacted, sellers would have to tell buyers when a vehicle made on or after September 1, 1997, lacks a working airbag system or has a disabled inflatable restraint. The notice would have to be in at least ten-point bold type on the front of the sales contract, receipt, invoice, or other sale document. A physical notice would have to be a conspicuous sign on the windshield. Violations would be treated as violations under the Federal Trade Commission Act and the FTC could enforce the rules. States could also sue for residents but would generally need to notify the FTC; in cases involving death or paralysis a court could add up to $25,000 to other penalties.

Sponsors & CoSponsors

Sponsor

Lawler, Michael [R-NY-17]

NY • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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