The Magnuson-Moss Warranty Act in Hawaii

The federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., is the third statute in a Hawaii vehicle-defect claim — alongside the Hawaii Lemon Law and the HRS § 480 UDAP. It provides federal-court access and another fee hook with a longer runway.

What Magnuson-Moss adds

• § 2310(d)(2) attorney fees — fees “based on actual time expended” to a prevailing consumer.
• Federal-court access — D. Haw. (Honolulu) for cases over $50,000.
• A 4-year limitations runway (borrowed from the UCC, HRS § 490:2-725) — longer than the lemon law’s 1-year-after-rights-period clock.
• Implied-warranty leverage (merchantability under HRS § 490:2-314).

§ 2310(d)(2) — the federal fee provision

15 U.S.C. § 2310(d)(2) provides:

If a consumer finally prevails in any action brought under this section, he may be allowed by the court… costs and expenses (including attorneys’ fees based on actual time expended)…

Federal courts award these fees liberally in successful warranty actions. In Hawaii, the HRS § 480-13 UDAP already provides mandatory fees and automatic treble in state court — so Magnuson-Moss is most useful as a federal-venue option and a fee hook for high-value or warranty-focused cases.

When to choose federal court (D. Haw.)

• Amount in controversy exceeds $50,000 (the Magnuson-Moss threshold).
• High-value vehicle (luxury, EV) where refund plus damages clears $50K.

For most ordinary-value Hawaii vehicles, the fast, low-cost SCAP arbitration and Hawaii circuit court (anchoring the § 480-13 treble) are the natural paths.

Implied-warranty leverage for used vehicles

Magnuson-Moss federalizes Hawaii’s implied warranty of merchantability (§ 490:2-314), useful for used vehicles past the new-vehicle Rights Period but still under a written or implied warranty, with a 4-year runway.

How the three statutes stack

Statute	Fees	SOL	Venue
Lemon Law § 481I	Discretionary (arbitration)	1 yr after Rights Period	SCAP / HI circuit court
UDAP § 480-13	Mandatory + automatic treble	4 years	HI circuit court
Magnuson-Moss § 2310(d)(2)	Strongly presumed	4 years	HI or federal (D. Haw.)

Bottom line

Magnuson-Moss gives Hawaii consumers a federal-court option and a fee hook with a 4-year runway. Because the UDAP § 480-13 already delivers mandatory fees and automatic treble in state court, Magnuson-Moss is most valuable for high-value cases and used-vehicle claims past the lemon-law deadline.

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