Attorney Fees Under Tennessee Lemon Law

Tennessee provides three independent mandatory attorney-fee bases for prevailing consumers — among the strongest fee-shifting jurisdictions in the country, partially offsetting the tight 1-year SOLs.

The three statutes

1. § 55-24-108 — Lemon Law fees

“If a consumer finally prevails in any action brought under this chapter, the consumer may be allowed by the court to recover… reasonable attorney’s fees…”

• Permissive / discretionary — the statute says fees “may be allowed by the court,” so an award is not guaranteed.
• Covers Lemon Law claims under § 55-24-101.
• Applied in both court action and post-BBB enforcement.

2. § 47-18-109(e)(1) — TCPA fees

“Upon a finding by the court that a provision of this part has been violated, the court may award… reasonable attorney’s fees…”

• Although “may,” Tennessee courts treat as functionally mandatory for prevailing TCPA plaintiffs.
• Separate from Lemon Law fees — not duplicative.
• 1-year TCPA 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 for prevailing consumers.
• Provides D. Tenn. federal court access.
• 4-year UCC backstop SOL.

Why this matters for consumers

The triple fee-shifting basis (TCPA and Magnuson-Moss mandatory; Lemon Law discretionary) means:

• Attorneys take cases on contingent or hybrid basis — no out-of-pocket cost to consumer.
• Manufacturer pays consumer’s full attorney fees + costs on prevailing.
• Litigation economics favor consumer — manufacturer’s risk grows with discovery.
• Settlement leverage is significant — manufacturer wants to limit fee exposure.

What the fee award covers

Recoverable fees typically include:

• Hours billed by attorneys + paralegals.
• Costs — filing fees, expert witnesses, deposition transcripts, copying.
• Pre-suit work — demand letter drafting, BBB filing preparation.
• Trial preparation — even if case settles.
• Fee-petition work — attorney’s time spent litigating the fee award itself.

Fee award process

After prevailing on the merits:

1. Attorney submits fee petition with detailed time records.
2. Manufacturer objects to specific entries.
3. Court reviews under reasonableness standard.
4. Award entered — typically lodestar (hours × reasonable hourly rate).

Reasonable hourly rates in Tennessee

Practice level	Nashville	Memphis	Knoxville / Chattanooga
Senior consumer attorney	$400 - $600	$375 - $550	$325 - $475
Mid-level associate	$250 - $375	$225 - $325	$200 - $300
Paralegal	$125 - $175	$115 - $160	$100 - $150

These rates vary by venue and case complexity.

TCPA fees stacked with Lemon Law fees

§ 55-24-108 and § 47-18-109(e)(1) provide separate fee bases. A consumer prevailing on both claims can recover fees under both — though courts typically apportion to avoid duplication.

Bottom line

Tennessee’s triple 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), Tennessee consumers face minimal financial risk in pursuing a Lemon Law claim — provided they file within the tight 1-year SOLs.

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