Attorney Fees in South Dakota Lemon Law Cases
South Dakota's fee structure — the lemon law's own fees (§ 32-6D-8) and Magnuson-Moss § 2310(d)(2), with no UDAP treble and no general DTPA fee provision.
South Dakota’s fee picture is solid where it counts: the lemon law provides its own attorney fees (§ 32-6D-8), with Magnuson-Moss § 2310(d)(2) as a parallel basis — though the DTPA has no general fee provision for the consumer action, and there’s no UDAP treble to multiply damages.
Fee bases by route
| Statute / route | Attorney fees | Where |
|---|---|---|
| Lemon Law § 32-6D-8 | Yes (on manufacturer breach) | SD court (after IDS) |
| DTPA § 37-24-31 | No general fee provision (actual damages only) | SD court |
| Magnuson-Moss § 2310(d)(2) | Strongly presumed | SD or federal (D.S.D.) |
The lemon law’s own fees (§ 32-6D-8)
Unlike Montana (whose lemon law has no fee clause), South Dakota’s lemon law provides attorney fees — a consumer may recover reasonable fees if the manufacturer breaches its obligations (§ 32-6D-8). This is a meaningful, in-statute fee basis.
The DTPA — actual damages only, no fee provision
The DTPA private action (§ 37-24-31) recovers actual damages only: the chapter has no general attorney-fee provision for the consumer suit (the § 37-24-48 fee award applies to unsolicited-commercial-email claims), and no treble. So the DTPA adds damages but not a fee basis — fees come from the lemon law and Magnuson-Moss.
Magnuson-Moss § 2310(d)(2)
15 U.S.C. § 2310(d)(2) provides federal-court fee recovery “based on actual time expended” — a strong parallel basis, and the route for leases the lemon law doesn’t address.
How fees shape strategy
- Manufacturer IDS for a fast, free first step.
- Lemon-law court action with § 32-6D-8 fees.
- Magnuson-Moss in D.S.D. for high-value or lease cases.
Contingency representation
Because the lemon law and Magnuson-Moss both provide fees, South Dakota attorneys take meritorious cases on contingency: no fee upfront, costs advanced, fees recovered from the manufacturer.
Bottom line
South Dakota’s fees come from the lemon law (§ 32-6D-8) and Magnuson-Moss § 2310(d)(2) — solid fee bases — while the DTPA adds only actual damages (no general fee provision, no treble). Get a free case review.
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Read → ArticleSouth Dakota DTPA Damages in Lemon Law Cases
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When a South Dakota lemon-law claim results in a comparable replacement vehicle — at the consumer's election under § 32-6D-3.
Read →Think you've got a lemon?
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