Attorney Fees in New Hampshire Lemon Law Cases
New Hampshire's fee structure — discretionary in standalone lemon-law suits, mandatory under the Consumer Protection Act (§ 358-A:10), plus Magnuson-Moss § 2310(d)(2).
New Hampshire’s fee picture is strong where it counts: mandatory for a prevailing consumer under the Consumer Protection Act § 358-A:10, with discretionary fees in standalone lemon-law court suits and a Magnuson-Moss backstop.
Fee bases by route
| Statute / route | Attorney fees | Where |
|---|---|---|
| Lemon Law RSA 357-D | Discretionary (“may award”) | NH court (standalone) |
| NH CPA § 358-A:10 | Mandatory (+ 2x–3x damages) | NH court |
| Magnuson-Moss § 2310(d)(2) | Strongly presumed | NH or federal court |
Mandatory under the CPA (§ 358-A:10)
A prevailing plaintiff under the CPA is awarded costs and reasonable attorney’s fees — mandatory, with no 30-day pre-suit demand required. And because a manufacturer that defies a Board decision commits a per se CPA violation, the consumer can pair mandatory fees with double-to-treble damages — a powerful combination.
Discretionary in a standalone lemon-law suit
In a standalone RSA 357-D court action, the court may award the consumer costs and reasonable fees (and may award fees to a defendant for a claim brought with no substantial justification). The stronger, mandatory path is the CPA.
Magnuson-Moss § 2310(d)(2)
15 U.S.C. § 2310(d)(2) provides federal-court fee recovery “based on actual time expended” — a backstop and federal-venue option for cases over $50K.
How fees shape strategy
- Arbitration Board for a fast, low-cost result.
- CPA court action for mandatory fees plus double-to-treble damages — especially to enforce a defied Board decision.
- Magnuson-Moss for high-value cases needing a federal forum.
Contingency representation
Because CPA fees are mandatory (and multiplier damages are available), New Hampshire attorneys take meritorious cases on contingency: no fee upfront, costs advanced, fees recovered from the manufacturer.
Bottom line
New Hampshire’s fees are mandatory where it matters — the CPA § 358-A:10 — alongside discretionary standalone lemon-law fees and Magnuson-Moss. Combined with double-to-treble damages, the fee structure strongly favors consumers. Get a free case review.
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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.