Airbag Disclosure for Used Vehicles

Summary#

The Anthony Amoros Law Right to Know Act would create new federal rules for reselling certain used motor vehicles and add a criminal offense to Title 18 of the U.S. Code. Its stated goal is to require sellers to provide a functional airbag system or clearly disclose when an airbag system is missing or disabled.

  • The rules would cover vehicles made on or after September 1, 1997, sold through an auction, dealership, individual sale, or other resale channel.
  • A sale would require either a functional airbag system or disclosure that the system is missing or disabled. The bill also requires disclosure when the vehicle lacks an inflatable restraint system or has a non-functioning one.
  • Required written disclosures must be in at least 10-point bold type on the front of a sales contract, receipt, invoice, or other sale document. Any physical disclosure must be a conspicuous sign affixed to the windshield.
  • The Federal Trade Commission (FTC) would enforce the rules. State attorneys general and certain state officials or agencies could bring civil actions for residents, subject to notice and limits when a federal case is pending.
  • A separate criminal offense would apply when someone knowingly sells a vehicle with a defined “covered deficiency” without disclosing it. The bill also allows an additional court award of up to $25,000 in an action involving death or paralysis.

What it means for you#

  • People buying or selling covered used vehicles: Sellers would have to provide the required disclosure or sell a vehicle with a functional airbag system. The bill does not require a seller to repair a missing or disabled system before sale.
  • Dealers, auction sellers, and individual sellers: The requirements would apply to all of them, as well as other resale channels. The bill does not set up an inspection or application process.
  • Buyers harmed by a violation: State officials could seek an order to stop the practice, compliance, damages, restitution, or other relief for residents. The bill says it does not limit personal-injury or wrongful-death actions.
  • Taxpayers: The FTC would have an enforcement role, but the bill does not specify added staff or funding.

Money#

No cost estimate is in the available material.

  • The bill authorizes federal enforcement and state civil actions but provides no estimate of their cost.
  • Courts could impose criminal fines and, in certain civil actions involving death or paralysis, award an additional amount of up to $25,000. The bill does not say who receives that additional amount.

What is unclear#

  • The bill does not define “seller,” “clearly discloses,” or “functional airbag system.”
  • The civil resale rule allows a functional system or disclosure. The criminal offense instead requires both no functional airbag system and no inflatable restraint system or a non-functioning one. How these standards would apply to particular vehicles is not explained.
  • The bill does not set out how violations would be investigated, how disputes over whether an airbag works would be resolved, or whether buyers have a direct right to sue under this Act.
  • It is unclear how the additional amount of up to $25,000 would work alongside other penalties, and who would receive it.
  • No start date or cost estimate is provided. The bill has been referred to House committees and is not law.

Case for#

  • A possible argument for the bill is that buyers should be told, in a visible and written form, when a covered vehicle lacks a working airbag system.
  • Requiring disclosure across auctions, dealerships, individual sales, and other resale channels could make the rule apply broadly.
  • FTC enforcement, state actions, and criminal penalties provide several ways to address violations.
  • The bill preserves personal-injury and wrongful-death actions rather than replacing them.

Case against#

  • The bill does not require a seller to fix an airbag system; a disclosure can allow the sale to proceed. A buyer could still end up with a vehicle whose airbag system is missing or disabled.
  • The civil disclosure rule and the criminal offense use different tests. That could make it unclear which sales trigger criminal liability.
  • The bill sets serious possible prison terms, including life imprisonment if a death results, but does not explain how the required knowledge would be established or how causation would be assessed.
  • The bill does not provide details on investigations, buyer remedies directly under the Act, implementation costs, or the additional award of up to $25,000.