Attorney Fees in Pennsylvania Lemon Law Cases
Pennsylvania has statutory mandatory attorney-fee shifting in the Lemon Law itself under 73 P.S. § 1958. Plus UTPCPL and Magnuson-Moss for additional fee recovery.
Pennsylvania has statutory mandatory attorney-fee shifting built into the Lemon Law itself under 73 P.S. § 1958. This is one of only a few state lemon laws with such built-in fee recovery (alongside California, New York, and Ohio).
Combined with UTPCPL § 201-9.2 and Magnuson-Moss § 2310(d)(2), Pennsylvania provides three independent attorney-fee shifting hooks.
Three statutes, three approaches to fees
| Statute | Attorney fees | Where pursued |
|---|---|---|
| Pennsylvania Lemon Law (73 P.S. § 1958) | Statutory mandatory | PA Court of Common Pleas |
| UTPCPL (73 P.S. § 201-9.2) | Mandatory | PA civil court |
| Magnuson-Moss (15 U.S.C. § 2310(d)(2)) | Federal; routinely awarded | Federal or state court |
A manufacturer’s IDS procedure (BBB Auto Line) does not include attorney-fee recovery.
73 P.S. § 1958 — the Lemon Law fee provision
Section 1958 provides:
The court shall award reasonable attorney fees and other reasonable expenses incurred in the action and on appeal to the prevailing party in any action brought under this act.
This is mandatory language — courts must award fees to the prevailing consumer.
In Pennsylvania 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.
UTPCPL § 201-9.2 — additional mandatory fees
UTPCPL 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 Pennsylvania case dynamics
Without fee-shifting, PA lemon-law cases would be economically problematic.
With § 1958 + UTPCPL + Magnuson-Moss fee-shifting:
- Refund: $30,000-$70,000.
- UTPCPL damages: similar.
- Attorney fees: paid by manufacturer.
- Consumer net: substantial.
Contingency representation in Pennsylvania
Most experienced PA lemon-law attorneys work on modified contingency:
- No fee upfront.
- Costs advanced by the attorney.
- Fees recovered from the manufacturer through § 1958, UTPCPL, or Magnuson-Moss.
What about manufacturer arbitration?
A manufacturer’s informal dispute settlement procedure (BBB Auto Line) doesn’t include attorney-fee recovery.
This is why many PA lemon-law cases proceed to court action (with § 1958 fee shifting) rather than stopping at the manufacturer’s IDS step.
The settlement breakdown
A typical settled PA lemon-law case might distribute:
- Refund value: 50-65%.
- UTPCPL damages: 15-25%.
- Attorney fees and costs: 15-25%.
Bottom line
Pennsylvania’s three-statute fee-shifting framework — § 1958 + UTPCPL + Magnuson-Moss — makes Pennsylvania one of the most fee-friendly jurisdictions. § 1958’s mandatory language is rare among state lemon laws.
Related
Cash-and-Keep Settlements in Pennsylvania Lemon Law Cases
How cash-and-keep settlements work in Pennsylvania — buyer keeps the vehicle and accepts a cash payment.
Read → ArticleRefund Under Pennsylvania Lemon Law
The most common Pennsylvania Lemon Law remedy — full refund plus collateral charges, minus a reasonable use deduction, plus statutory § 1958 attorney fees.
Read → ArticleReplacement Vehicle Under Pennsylvania Lemon Law
Pennsylvania Lemon Law remedies include comparable replacement as an alternative to refund.
Read → ArticleUTPCPL Damages in Pennsylvania Lemon Law Cases
How Pennsylvania's UTPCPL produces actual damages, treble damages, and mandatory attorney fees — the civil-court complement to the Lemon Law.
Read →Think you've got a lemon?
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