CSPA Damages in Ohio Lemon Law Cases
How Ohio's Consumer Sales Practices Act produces actual damages, treble damages, statutory damages, and mandatory attorney fees.
The Ohio Consumer Sales Practices Act (CSPA) provides damages multipliers and additional attorney fees beyond the Ohio Lemon Law’s statutory § 1345.75 attorney fees.
What CSPA recovers
A successful CSPA case for vehicle-warranty issues typically recovers:
- Actual economic damages.
- Treble damages for “knowing” violations.
- Statutory damages of $200 per violation OR treble actual damages, whichever greater.
- Mandatory attorney fees under Ohio Rev. Code § 1345.09(F).
- Court costs.
What “actual damages” means
For warranty-breach CSPA cases:
- Difference between what was paid and the vehicle’s actual value.
- Consequential damages.
- Loss of bargain damages.
Treble damages — when they’re available
The CSPA treble multiplier applies when the violation was knowing.
Evidence of “knowing”:
- TSBs.
- Internal warranty-claim records.
- Customer-relations notes.
- Misrepresentations.
How damages calculations work
For a typical Ohio lemon vehicle:
- Purchase price: $42,000
- Vehicle current resale value: $20,000
- § 1345.72 Lemon Law refund: Full math.
- CSPA actual damages: $4,000-$8,000.
- CSPA treble damages (knowing): $12,000-$24,000 OR $200 statutory minimum trebled.
- Attorney fees under § 1345.75 and CSPA: $30,000-$60,000+ paid by manufacturer.
Settlement leverage
| Scenario | Typical settlement value |
|---|---|
| Lemon Law alone | 100% refund + § 1345.75 fees |
| Lemon Law + CSPA (no knowing) | 110-140% refund + fees |
| Lemon Law + CSPA (knowing violation) | 150-200% refund + fees |
| Lemon Law + CSPA + treble exposure | 175-300% refund + fees |
The $200 statutory damages
CSPA’s $200 statutory damages provision provides a floor — even cases without proven actual damages can recover $200 statutory minimum (or trebled to $600). This is a unique feature of Ohio CSPA.
Why most CSPA cases settle
Mandatory attorney fees + treble damages + § 1345.75 fees + statutory damages + discovery exposure → strong settlement pressure.
Bottom line
CSPA amplifies Ohio’s already-strong Lemon Law. For cases with documented manufacturer knowledge, CSPA exposure plus § 1345.75 fees creates very strong leverage.
Related
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.
Read → ArticleCash-and-Keep Settlements in Ohio Lemon Law Cases
How cash-and-keep settlements work in Ohio.
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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