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Mississippi · Topic Updated May 25, 2026

Remedies: What You Can Recover Under Mississippi Lemon Law

Refund (with the distinctive 20¢/mile mileage offset) or replacement under § 63-17-159, cash-and-keep settlements, the narrowed MCPA framework, and the discretionary § 63-17-159 + mandatory federal § 2310(d)(2) fee structure.

Mississippi remedies follow the standard refund/replacement architecture but with two distinctive features: a flat 20¢ per mile mileage offset (rather than percentage-based formulas in most peer states) and a fee-shifting framework where federal Magnuson-Moss carries virtually all the economic weight because state-law fee bases are weak.

The remedies stack

Most Mississippi cases recover under a combination:

  • § 63-17-159 refund or replacementconsumer’s option: the statute directs the manufacturer to “give the consumer the option” of replacement or refund, so the consumer chooses (like CA / TX / FL / NY, and unlike genuine manufacturer-option states such as OK / SC); refund equals contract price + collateral charges - 20¢/mile mileage offset.
  • § 63-17-159 DISCRETIONARY attorney fees — lodestar; court “may allow” on prevailing.
  • Magnuson-Moss § 2310(d)(2) MANDATORY federal fees — the load-bearing fee basis.
  • Post-§ 75-24-15 MCPA — ascertainable loss only; NO TREBLE, NO PREVAILING-PLAINTIFF FEES, no class actions. Largely defensive in vehicle-defect litigation.

The distinctive 20¢/mile mileage offset

Where most peer states use percentage-based mileage offset formulas (e.g., California-style: price × miles ÷ 120,000), Mississippi’s § 63-17-159 uses a flat 20¢ per mile offset. This is structurally distinctive:

  • High-priced vehicles benefit — a $70,000 vehicle at 15,000 miles would have a $3,000 offset under MS’s flat formula, versus $8,750 under a percentage-based formula.
  • Low-priced vehicles are penalized — a $20,000 vehicle at 15,000 miles would have a $3,000 offset under MS’s flat formula, versus $2,500 under a percentage-based formula.

For luxury / EV / premium-truck cases, MS’s flat 20¢/mile formula is meaningfully more consumer-favorable than peer percentage formulas.

Topics in this section

  • Refund (repurchase) — § 63-17-159 refund math with the distinctive 20¢/mile offset.
  • Replacement — Consumer-elected replacement vehicle (the consumer may take this instead of a refund).
  • Cash-and-keep — Negotiated cash settlement where the consumer keeps the vehicle.
  • Narrowed MCPA damages — § 75-24-15 ascertainable-loss recovery; no treble, no plaintiff fees, no class actions. Largely defensive.
  • Attorney fees — Discretionary § 63-17-159 + mandatory federal § 2310(d)(2). Magnuson-Moss is the load-bearing basis.

Related

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