Court Action in a Rhode Island Lemon Law Case

While most Rhode Island claims resolve through the AG’s Arbitration Board, court comes into play if the manufacturer appeals, or when a consumer separately pursues Magnuson-Moss or (subject to its exemption) the DTPA.

Where the case goes

Venue	When it fits
Rhode Island Superior Court	Manufacturer’s appeal of a Board award (within 30 days, bonded); DTPA actions.
Federal court (D.R.I., Providence)	Amount in controversy over $50,000 under Magnuson-Moss.

The manufacturer-only, bonded appeal

Distinctively, only the manufacturer may appeal a Board decision to Superior Court — within 30 days, posting a bond equal to the award plus $2,500 (§ 31-5.2-7.1(g)(2)). On appeal:

• The consumer recovers $25 per day for continued loss of use if the award is upheld.
• A frivolous or unreasonable appeal doubles the total award.
• A prevailing consumer’s attorney fees are mandatory (§ 31-5.2-11).

What to plead in a court action

1. Lemon Law (§ 31-5.2) — refund (consumer’s election, less the 100,000-mile offset) or replacement; mandatory fees; the $25/day and double-award protections.
2. RI DTPA (§ 6-13.1-5.2) — actual damages or $500, discretionary treble, and discretionary fees — where the regulated-activities exemption doesn’t bar the claim (e.g., dealer misrepresentation distinct from the warranty).
3. Magnuson-Moss (§ 2310(d)(2)) — the federal fee hook and federal-venue option.

The deadlines

Bring the action within 3 years of delivery or 2 years of hitting 15,000 miles, whichever earlier (§ 31-5.2-12); a manufacturer appeal runs 30 days. Magnuson-Moss runs 4 years.

What a successful case recovers

• Refund or replacement (consumer elects).
• $25/day continuing damages; double award for a frivolous manufacturer appeal.
• Mandatory attorney fees (§ 31-5.2-11).

Bottom line

Rhode Island court action centers on the manufacturer’s bonded appeal (with $25/day, a doubled award for frivolous appeals, and mandatory fees), plus the DTPA and federal D.R.I. for Magnuson-Moss. Get a free case review.

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