Anthony Amoros Law Right to Know Act

For a covered vehicle—a motor vehicle manufactured on or after September 1, 1997—the seller would have to ensure the vehicle has a functional airbag system or disclose that the system is missing or disabled. The disclosure must be in at least ten-point bold type on the front of a sale document and, for a physical disclosure, on a conspicuous sign affixed to the windshield; sellers must also disclose if an inflatable restraint system is absent or not working.

The Federal Trade Commission would enforce violations as unfair or deceptive acts or practices. State attorneys general and certain state officials could bring civil actions for residents, including seeking an injunction, compliance, damages, restitution, or other relief; the FTC could intervene, and a state action would be restricted while a federal action against the same defendant for the same alleged violation is pending.

Knowingly selling a covered vehicle with a covered deficiency without written or physical disclosure would be a federal crime. Penalties would range from a fine or up to 10 years in prison for an attempt or other cases, to up to 20 years for serious bodily injury and any term of years or life if a death results.

A court could award an additional amount of up to $25,000 in an action involving death or paralysis. The bill says these provisions would not limit or otherwise affect personal injury or wrongful-death actions.