New Hampshire CPA Damages in Lemon Law Cases
How the New Hampshire Consumer Protection Act amplifies recoveries — actual damages or $1,000, double-to-treble damages for willful violations, and mandatory attorney fees, with no pre-suit demand.
The New Hampshire CPA, RSA 358-A:10, is the consumer-protection overlay that lets a New Hampshire lemon-law case reach actual damages or $1,000, double-to-treble multipliers, and mandatory fees — and a manufacturer’s defiance of a Board decision triggers it as a per se violation.
What the CPA adds beyond the lemon law
| Element | Lemon law alone | Lemon law + CPA |
|---|---|---|
| Refund / replacement | Yes | Yes |
| Actual damages or $1,000 floor | Limited | Yes (§ 358-A:10) |
| Double-to-treble damages | No | Yes (willful/knowing) |
| Mandatory attorney fees | Discretionary (court) | Yes (§ 358-A:10) |
Actual damages, the $1,000 floor, and the multiplier
Section 358-A:10 lets an injured consumer recover actual damages or $1,000, whichever is greater. If the violation was willful or knowing, the court shall award two to three times the actual damages — a mandatory minimum doubling, up to treble. This is stronger than Maine’s UTPA (no multiplier) and comparable to Hawaii’s automatic-treble UDAP.
Mandatory fees, no pre-suit demand
A prevailing plaintiff is awarded costs and reasonable attorney’s fees — mandatory. And unlike Maine, New Hampshire requires no 30-day pre-suit demand, so a consumer can proceed directly to suit.
The per se Board-noncompliance violation
A manufacturer that fails to comply with a New Motor Vehicle Arbitration Board decision commits a per se unfair or deceptive act under RSA 358-A:2 — so defying a Board ruling opens the door to the $1,000 floor, the double-to-treble multiplier, and mandatory fees.
When the CPA matters most
- A manufacturer ignores or defies a Board decision (the per se violation).
- Misrepresentation or nondisclosure — undisclosed prior damage, branded title, odometer issues.
- Cases where multiplier damages and mandatory fees strengthen leverage.
Bottom line
The New Hampshire CPA adds actual damages or a $1,000 floor, double-to-treble damages for willful conduct, and mandatory § 358-A:10 fees — with no pre-suit demand and a per se violation for defying a Board decision. It is a strong companion to the Lemon Law. Get a free case review.
Related
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).
Read → ArticleCash-and-Keep Settlements in New Hampshire
How cash-and-keep settlements work in New Hampshire lemon-law cases — a negotiated cash payment where you keep the vehicle, common when the defect is real but livable.
Read → ArticleRefund (Buyback) Under the New Hampshire Lemon Law
How a New Hampshire lemon-law refund is calculated — full purchase price plus collateral and incidental/consequential damages, minus a use offset on a 100,000-mile basis, at the consumer's election.
Read → ArticleReplacement Vehicle Under the New Hampshire Lemon Law
When a New Hampshire lemon-law claim results in a comparable replacement vehicle — at the consumer's election within 30 days of the Arbitration Board decision.
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.