Attorney Fees in Ohio Lemon Law Cases
Ohio has statutory mandatory attorney-fee shifting in the Lemon Law itself under Ohio Rev. Code § 1345.75. Plus CSPA and Magnuson-Moss for additional fee recovery.
Ohio has statutory mandatory attorney-fee shifting built into the Lemon Law itself under Ohio Rev. Code § 1345.75. This is one of only a few state lemon laws with such built-in fee recovery (alongside California, New York, and Pennsylvania).
Combined with CSPA § 1345.09 and Magnuson-Moss § 2310(d)(2), Ohio provides three independent attorney-fee shifting hooks.
Three statutes, three approaches to fees
| Statute | Attorney fees | Where pursued |
|---|---|---|
| Ohio Lemon Law (§ 1345.75) | Statutory mandatory | Court of Common Pleas |
| CSPA (§ 1345.09(F)) | Mandatory | Court of Common Pleas |
| Magnuson-Moss (§ 2310(d)(2)) | Federal; routinely awarded | Federal or state court |
BBB Auto Line does not include attorney-fee recovery.
§ 1345.75 — the Lemon Law fee provision
Ohio Rev. Code § 1345.75(A) provides:
The court shall award reasonable attorney fees and other reasonable expenses incurred in maintaining the action.
This is mandatory language.
In Ohio lemon-law cases, attorney-fee awards typically range:
- Settlement cases (most): $25,000-$60,000.
- Tried cases: $60,000-$200,000+.
These amounts are paid by the manufacturer in addition to the consumer’s damages.
CSPA § 1345.09(F) — additional mandatory fees
CSPA provides additional mandatory attorney-fee recovery in civil court.
Magnuson-Moss federal fee provision
15 U.S.C. § 2310(d)(2) provides federal-court attorney-fee recovery.
How fee-shifting changes Ohio case dynamics
Without fee-shifting, Ohio lemon-law cases would be economically problematic.
With § 1345.75 + CSPA + Magnuson-Moss fee-shifting:
- Refund: $30,000-$70,000.
- CSPA damages: similar.
- Attorney fees: paid by manufacturer.
- Consumer net: substantial.
Contingency representation in Ohio
Most experienced Ohio lemon-law attorneys work on modified contingency:
- No fee upfront.
- Costs advanced by the attorney.
- Fees recovered from the manufacturer through § 1345.75, CSPA, or Magnuson-Moss.
What about BBB Auto Line?
BBB Auto Line doesn’t include attorney-fee recovery.
This is why many Ohio lemon-law cases involve court action (with § 1345.75 fee shifting) rather than BBB Auto Line alone.
The settlement breakdown
A typical settled Ohio lemon-law case might distribute:
- Refund value: 50-65%.
- CSPA damages: 15-25%.
- Attorney fees and costs: 15-25%.
Bottom line
Ohio’s three-statute fee-shifting framework — § 1345.75 + CSPA + Magnuson-Moss — makes Ohio one of the most fee-friendly jurisdictions. § 1345.75’s mandatory language matches California, New York, and Pennsylvania’s structures.
Related
Cash-and-Keep Settlements in Ohio Lemon Law Cases
How cash-and-keep settlements work in Ohio.
Read → ArticleCSPA Damages in Ohio Lemon Law Cases
How Ohio's Consumer Sales Practices Act produces actual damages, treble damages, statutory damages, and mandatory attorney fees.
Read → ArticleRefund Under Ohio Lemon Law
The most common Ohio Lemon Law remedy — full refund plus collateral charges, minus a reasonable use deduction, plus statutory § 1345.75 attorney fees.
Read → ArticleReplacement Vehicle Under Ohio Lemon Law
Ohio Lemon Law remedies include comparable replacement as an alternative to refund.
Read →Think you've got a lemon?
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