Hawaii UDAP Damages in Lemon Law Cases (HRS § 480-13)
How Hawaii's UDAP amplifies recoveries — automatic treble damages or a $1,000 floor, mandatory attorney fees, and a $5,000 elder enhancement.
The Hawaii UDAP, HRS § 480-13, is where a Hawaii lemon-law case gains leverage beyond a plain refund. It provides automatic treble damages or a $1,000 floor, mandatory attorney fees, and a $5,000 elder enhancement — one of the stronger UDAP remedies in the country.
What the UDAP adds beyond the lemon law
| Element | Lemon law alone | Lemon law + UDAP |
|---|---|---|
| Refund / replacement (via SCAP) | Yes | Yes |
| Arbitration fees (discretionary) | Yes | Yes |
| $1,000 floor or treble, whichever greater | No | Yes (§ 480-13) |
| Automatic treble (no willfulness required) | No | Yes |
| Mandatory attorney fees + costs | No | Yes |
| Elder enhancement | No | Yes — $5,000 or treble, whichever greater |
$1,000 or treble — automatic
Section 480-13 awards a prevailing consumer not less than $1,000 or threefold the damages sustained, whichever is greater, plus mandatory fees and costs. The treble is automatic for a prevailing § 480-2 plaintiff — no separate willfulness finding required, unlike the discretionary-treble UDAPs of Idaho, Ohio, or New Mexico. This puts Hawaii in the automatic-treble tier with North Carolina and New Jersey.
Hawaii courts measure treble as three times compensatory damages (not 3× plus the compensatory amount).
The elder enhancement
Where the plaintiff is an elder (62 or older), the award is $5,000 or treble damages, whichever is greater, plus mandatory fees — a meaningful extra lever for older consumers.
What counts as UDAP damages in a vehicle case
- Diminished market value from an undisclosed defect or history.
- Cost of repairs the seller should have covered.
- Out-of-pocket and incidental costs.
These are trebled (or floored at $1,000) once a § 480-2 unfair-or-deceptive act is proven.
Evidence supporting a UDAP claim
- TSBs and recall notices matching the defect.
- Misrepresentations about the defect, history, or warranty.
- Failure to disclose prior damage or branded title.
- Odometer misrepresentation.
Mandatory fees
Section 480-13 makes attorney fees and costs mandatory for a prevailing plaintiff — the reliable fee engine in court, since the Lemon Law’s fees are discretionary and limited to arbitration.
Bottom line
HRS § 480-13 is the amplifier: automatic treble or a $1,000 floor, mandatory fees, and a $5,000 elder enhancement. For cases with misrepresentation or manufacturer-knowledge facts, the UDAP — pursued in court — is where Hawaii’s leverage concentrates. Get a free case review.
Related
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).
Read → ArticleCash-and-Keep Settlements in Hawaii
How cash-and-keep settlements work in Hawaii lemon-law cases — a negotiated cash payment where you keep the vehicle, common when the defect is real but livable.
Read → ArticleRefund (Buyback) Under the Hawaii Lemon Law
How a Hawaii lemon-law refund is calculated — full purchase price plus collateral charges, minus a 1%-per-1,000-mile reasonable-use offset, at the consumer's election.
Read → ArticleReplacement Vehicle Under the Hawaii Lemon Law
When a Hawaii lemon-law claim results in a comparable replacement vehicle — at the manufacturer's election under HRS § 481I-3(b).
Read →Think you've got a lemon?
Compare your situation to your state's requirements — and connect with a vetted lemon-law attorney for a free case review.