Attorney Fees in Hawaii Lemon Law Cases
Hawaii's fee structure — discretionary lemon-law fees in SCAP arbitration, mandatory UDAP fees in court under HRS § 480-13, and Magnuson-Moss § 2310(d)(2).
Hawaii’s attorney-fee picture splits by forum: discretionary in SCAP arbitration, but mandatory in court under the HRS § 480-13 UDAP. The UDAP is therefore the reliable fee engine for litigated claims.
Three fee bases by forum
| Statute / forum | Attorney fees | Where |
|---|---|---|
| Lemon Law § 481I-4(c) | Discretionary (“may be allowed”) | SCAP arbitration |
| UDAP § 480-13 | Mandatory (“shall be awarded”) | HI circuit court |
| Magnuson-Moss § 2310(d)(2) | Strongly presumed | HI or federal court |
SCAP arbitration — discretionary fees
Section 481I-4(c) provides that the prevailing party of a SCAP arbitration decision may be allowed reasonable attorney’s fees — discretionary, and limited to arbitration. SCAP’s low cost ($50 refundable consumer fee, manufacturer pays $200) partly offsets the lack of guaranteed fees.
UDAP § 480-13 — mandatory fees in court
In court, § 480-13 makes attorney fees and costs mandatory for a prevailing consumer (“shall be awarded… reasonable attorney’s fees together with the costs of suit”), alongside the automatic treble (or $1,000 floor). This is the same mandatory-fee tier as North Carolina and New Jersey, and the reason litigated Hawaii claims anchor on the UDAP.
Magnuson-Moss § 2310(d)(2)
15 U.S.C. § 2310(d)(2) provides federal-court fee recovery “based on actual time expended” — a third hook and federal-venue option for cases over $50K.
How fees shape strategy
- SCAP for a fast, cheap refund/replacement where guaranteed fees matter less.
- Court (UDAP) when you want mandatory fees plus automatic treble — the stronger economics for cases with real damages.
- Watch the trial-de-novo 25% rule if rejecting a SCAP decision.
Contingency representation
Because § 480-13 fees are mandatory in court, Hawaii attorneys take meritorious cases on contingency: no fee upfront, costs advanced, fees recovered from the manufacturer.
Typical fee awards
- SCAP: modest, discretionary.
- Court settlements: $15,000–$40,000.
- Tried cases: $40,000–$100,000+.
Bottom line
Hawaii’s lemon-law fees are discretionary in SCAP but mandatory in court under the UDAP § 480-13, alongside automatic treble. For reliable fee recovery, litigated claims anchor on the UDAP; SCAP offers speed and low cost. Get a free case review.
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