Attorney Fees in Minnesota Lemon Law Cases
Minnesota's § 325F.665 subd. 9 Lemon Law fees plus mandatory Private AG Statute § 8.31 subd. 3a fees with investigation costs plus Magnuson-Moss federal fees — triple fee-recovery basis.
Minnesota’s attorney-fee framework is uniquely strong — triple fee-recovery basis combining § 325F.665 subd. 9 Lemon Law fees, mandatory § 8.31 subd. 3a Private AG Statute fees with investigation costs, and Magnuson-Moss § 2310(d)(2) federal fees.
Three statutes, three approaches to fees
| Statute | Attorney fees | Where pursued |
|---|---|---|
| Minnesota Lemon Law (§ 325F.665 subd. 9) | Recoverable in a civil action | Minnesota District Court |
| Minnesota Private AG Statute (§ 8.31 subd. 3a) | Mandatory + investigation costs | Court only |
| Magnuson-Moss (§ 2310(d)(2)) | Federal; strongly presumed | Federal or state court |
The manufacturer IDS does not include attorney-fee recovery.
§ 325F.665 subd. 9 — Lemon Law fees in a civil action
Minn. Stat. § 325F.665 subd. 9 provides:
Any consumer injured by a violation of this section may bring a civil action to enforce this section and recover costs and disbursements, including reasonable attorney’s fees incurred in the civil action.
Subd. 9 lets a prevailing consumer recover costs, disbursements, and reasonable attorney fees as part of the civil action (and treble damages where an IDS decision is removed to court in bad faith). It is one of the stronger Lemon Law fee provisions, though framed as a recoverable item rather than an automatic mandatory award.
Awards typically range:
- Settlement cases: $20,000-$50,000.
- Tried cases: $50,000-$120,000+.
§ 8.31 subd. 3a — Private AG Statute fees + investigation costs
Minn. Stat. § 8.31 subd. 3a — unique to Minnesota — provides:
In addition to the remedies otherwise provided by law, any person injured by a violation of any of the laws referred to in subdivision 1 may bring a civil action and recover damages, together with costs and disbursements, including costs of investigation and reasonable attorney fees.
Key features:
- Additional fee basis independent of § 325F.665 subd. 9.
- Investigation costs recoverable (unusual feature).
- 6-year SOL under Minn. Stat. § 541.05.
- Covers CFA + Lemon Law + other AG-enforced statutes.
Magnuson-Moss federal fee provision
15 U.S.C. § 2310(d)(2) provides federal-court attorney-fee recovery.
A typical award stack
For prevailing Minnesota consumer:
- Refund: $42,660.
- CFA actual damages (via § 8.31 subd. 3a): $5,000-$10,000.
- § 325F.665 subd. 9 fees: $25,000-$60,000.
- § 8.31 subd. 3a mandatory fees + investigation costs: $15,000-$40,000.
- Magnuson-Moss § 2310(d)(2) fees (overlapping): $0-$20,000.
- Consumer’s total recovery: ~$80,000-$150,000+ on a $42K vehicle.
Contingency representation in Minnesota
Most experienced Minnesota lemon-law attorneys work on modified contingency:
- No fee upfront.
- Costs advanced by the attorney.
- Fees recovered from the manufacturer through triple fee-recovery basis.
The settlement breakdown
A typical settled Minnesota lemon-law case might distribute:
- Refund value: 45-55%.
- CFA damages: 5-15%.
- Attorney fees and costs: 30-40%.
Bottom line
Minnesota’s triple fee-recovery framework — § 325F.665 subd. 9 + mandatory § 8.31 subd. 3a (with investigation costs) + Magnuson-Moss § 2310(d)(2) — is among the strongest in the country. The Private AG Statute’s investigation-cost recovery is uniquely valuable for cases requiring independent expert work.
Related
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