Attorney Fees in Rhode Island Lemon Law Cases
Rhode Island's fee structure — mandatory under the Lemon Law (§ 31-5.2-11), discretionary under the DTPA, plus Magnuson-Moss § 2310(d)(2).
Rhode Island’s fee picture is strong where it counts: mandatory for a prevailing plaintiff under the Lemon Law § 31-5.2-11, with discretionary DTPA fees and a Magnuson-Moss backstop.
Fee bases by route
| Statute / route | Attorney fees | Where |
|---|---|---|
| Lemon Law § 31-5.2-11 | Mandatory (“shall award”) | RI court / arbitration appeal |
| RI DTPA § 6-13.1-5.2 | Discretionary (+ disc. treble) | RI court |
| Magnuson-Moss § 2310(d)(2) | Strongly presumed | RI or federal court |
Mandatory under the Lemon Law (§ 31-5.2-11)
A prevailing plaintiff shall be awarded reasonable attorney fees under § 31-5.2-11 — mandatory in the lemon law itself. This is stronger than the discretionary standalone lemon-law fees of Maine (mandatory only on arbitration appeal) and New Hampshire (discretionary standalone). Combined with the $25/day continuing damages and the doubled award for a frivolous manufacturer appeal (§ 31-5.2-7.1(g)(2)), it strongly favors consumers.
Discretionary under the DTPA
The RI DTPA (§ 6-13.1-5.2) allows the court to award attorney fees in its discretion — a secondary path, subject to the regulated-activities exemption.
Magnuson-Moss § 2310(d)(2)
15 U.S.C. § 2310(d)(2) provides federal-court fee recovery “based on actual time expended” — a backstop and federal-venue option for cases over $50K.
How fees shape strategy
- Arbitration Board for a fast, low-cost result (a $20 fee).
- On appeal, mandatory fees plus $25/day and a doubled award if the manufacturer’s appeal is frivolous.
- Magnuson-Moss for high-value cases needing a federal forum.
Contingency representation
Because lemon-law fees are mandatory, Rhode Island attorneys take meritorious cases on contingency: no fee upfront, costs advanced, fees recovered from the manufacturer.
Bottom line
Rhode Island’s fees are mandatory where it matters — the Lemon Law § 31-5.2-11 — alongside discretionary DTPA fees and Magnuson-Moss. Combined with $25/day and the doubled-award appeal deterrent, the fee structure strongly favors consumers. Get a free case review.
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Read →Think you've got a lemon?
Compare your situation to your state's requirements — and connect with a vetted lemon-law attorney for a free case review.