Attorney Fees in Illinois Lemon Law Cases
The Illinois Lemon Law itself doesn't shift attorney fees. But ICFA § 10a(c) provides mandatory attorney fees, and Magnuson-Moss provides federal fee recovery.
The Illinois Lemon Law itself does not shift attorney fees from consumer to manufacturer. This is a structural gap that Illinois consumers fill through ICFA and Magnuson-Moss.
Two statutes, two fee-shifting hooks
| Statute | Attorney fees | Where pursued |
|---|---|---|
| Illinois Lemon Law (815 ILCS 380) | No | Illinois court |
| ICFA (815 ILCS 505/10a(c)) | Discretionary; routinely awarded | Illinois court |
| Magnuson-Moss (15 U.S.C. § 2310(d)(2)) | Discretionary; routinely awarded | Federal or state court |
ICFA’s fee provision
815 ILCS 505/10a(c) provides:
The court, in its discretion, may award reasonable attorney’s fees and costs to the prevailing party.
While the statute reads as discretionary, Illinois courts routinely award fees to prevailing consumers. The lodestar method controls.
In Illinois lemon-law ICFA actions, attorney-fee awards typically range:
- Settlement cases (most): $25,000-$55,000.
- Tried cases: $55,000-$150,000+.
Magnuson-Moss fee provision
15 U.S.C. § 2310(d)(2) provides federal-court attorney-fee recovery — routinely awarded.
How fee-shifting changes Illinois case dynamics
Without fee-shifting:
- Case value (refund + damages) may be $30,000-$60,000.
- Legal fees through trial could exceed $50,000.
- Consumer net: minimal.
With ICFA/Magnuson-Moss fee-shifting:
- Refund: $30,000-$60,000.
- ICFA damages: similar.
- Attorney fees: paid by manufacturer.
- Consumer net: substantial.
Contingency representation in Illinois
Most experienced Illinois lemon-law attorneys work on modified contingency:
- No fee upfront.
- Costs advanced by the attorney.
- Fees recovered from the manufacturer through ICFA or Magnuson-Moss.
- Backup percentage of recovery in some agreements.
What about BBB Auto Line?
BBB Auto Line arbitration doesn’t include attorney-fee recovery. For fee shifting, court action is required.
This is why most Illinois lemon-law cases that justify attorney representation are pursued in court rather than BBB Auto Line.
The settlement breakdown
A typical settled Illinois lemon-law case might distribute:
- Refund value: 55-70%.
- ICFA damages: 15-25%.
- Attorney fees and costs: 15-20%.
Bottom line
Illinois’s two-statute fee-shifting framework — ICFA § 10a(c) and Magnuson-Moss — makes Illinois lemon-law cases economically viable for both consumers and the lemon-law plaintiff’s bar. For most cases involving any ICFA exposure, court action is the right path.
Related
Cash-and-Keep Settlements in Illinois Lemon Law Cases
How cash-and-keep settlements work in Illinois — buyer keeps the vehicle and accepts a cash payment, often when the defect is partially repaired.
Read → ArticleICFA Damages in Illinois Lemon Law Cases
How Illinois's Consumer Fraud Act produces actual damages, treble damages, and mandatory attorney fees — the civil-court complement to the Lemon Law.
Read → ArticleRefund Under Illinois Lemon Law
The most common Illinois Lemon Law remedy — full refund of the purchase price plus collateral charges, minus a reasonable use deduction.
Read → ArticleReplacement Vehicle Under Illinois Lemon Law
Illinois Lemon Law remedies include comparable replacement as an alternative to refund — but the manufacturer, not the consumer, elects which one.
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.