Attorney Fees Under Oregon Lemon Law

Oregon provides three independent mandatory attorney-fee bases for prevailing consumers — making Oregon a strong fee-shifting jurisdiction.

The three statutes

1. § 646A.404 — Lemon Law fees

§ 646A.404 provides for attorney fees to the prevailing consumer.

• Mandatory (Oregon courts treat as such).
• Covers Lemon Law claims under § 646A.400.
• Applied in both court action and post-BBB enforcement.

2. § 646.638(3) — UTPA fees

§ 646.638(3) provides for attorney fees in UTPA actions.

• Although “may,” Oregon courts treat as functionally mandatory for prevailing UTPA plaintiffs.
• Separate from Lemon Law fees — not duplicative.
• 1-year UTPA SOL must be respected.

3. § 2310(d)(2) — Magnuson-Moss fees

“If a consumer finally prevails… the court may allow… attorneys’ fees…”

• Federal mandatory fee provision.
• Provides D. Or. federal court access.
• 4-year UCC backstop SOL.

Why this matters for consumers

Triple mandatory fee shifting means:

• Attorneys take cases on contingent or hybrid basis.
• Manufacturer pays consumer’s full attorney fees + costs on prevailing.
• Litigation economics favor consumer.
• Settlement leverage is significant.

What the fee award covers

Recoverable fees typically include:

• Hours billed by attorneys + paralegals.
• Costs — filing fees, expert witnesses, deposition transcripts.
• Pre-suit work — demand letter drafting, BBB filing preparation.
• Trial preparation — even if case settles.
• Fee-petition work.

Reasonable hourly rates in Oregon

Practice level	Portland	Eugene / Salem	Other
Senior consumer attorney	$400 - $575	$325 - $475	$275 - $400
Mid-level associate	$250 - $375	$200 - $300	$175 - $275
Paralegal	$125 - $170	$100 - $150	$90 - $135

UTPA fees stacked with Lemon Law fees

§ 646A.404 and § 646.638(3) provide separate fee bases. A consumer prevailing on both claims can recover fees under both.

Bottom line

Oregon’s triple mandatory fee-recovery basis is among the strongest in the country. Combined with BBB Auto Line (no fees but low-cost) and court action (full triple basis), Oregon consumers face minimal financial risk in pursuing a Lemon Law claim — provided they file within the tight 1-year UTPA SOL.

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