Attorney Fees in Washington Lemon Law Cases

Washington’s attorney-fee framework has an unusual asymmetry — the Lemon Law’s own fee provision (§ 19.118.150) is discretionary, but the WCPA’s RCW 19.86.090 fee provision is mandatory on prevailing. This makes WCPA the load-bearing fee engine in most Washington lemon-law cases.

Three statutes, three approaches to fees

Statute	Attorney fees	Where pursued
Washington Lemon Law (§ 19.118.150)	Discretionary — only if defense groundless / not in good faith	Washington Superior Court
WCPA (RCW 19.86.090)	Mandatory on prevailing	Washington Superior Court
Magnuson-Moss (§ 2310(d)(2))	Federal; strongly presumed	Federal or state court

AG arbitration does not include attorney-fee recovery.

§ 19.118.150 — the Lemon Law discretionary fee provision

RCW 19.118.150(1) provides:

If the consumer prevails in an action brought under this chapter, the court may award reasonable attorney’s fees, costs, and disbursements to the consumer if the manufacturer’s defense was groundless or not in good faith.

This is discretionary language (“may”) — and conditioned on the additional finding that the manufacturer’s defense was groundless / not in good faith. This is weaker than:

• California § 1794(d) — mandatory on prevailing.
• Virginia § 59.1-207.14 — mandatory + expert fees.
• New Jersey § 56:12-32 — mandatory + expert fees.
• North Carolina § 20-351.8(3) — mandatory + built-in trebling.
• Ohio § 1345.75 — mandatory.
• Pennsylvania § 1958 — mandatory.
• New York § 198-a(l) — mandatory.

In practice, Washington Superior Court judges award § 19.118.150 fees sparingly — typically only in egregious cases where the manufacturer’s defense was clearly meritless.

When awarded, § 19.118.150 fees typically range:

• Settlement cases: $15,000-$35,000.
• Tried cases: $35,000-$90,000+.

RCW 19.86.090 — mandatory WCPA fees on prevailing

The WCPA fee provision under RCW 19.86.090 provides:

In addition, the court shall award to such person the costs of the suit, including a reasonable attorney’s fee.

Mandatory fees attach to any prevailing WCPA claim — no separate willfulness or groundless-defense requirement (unlike trebling, which is discretionary).

Awards typically range:

• Settlement cases: $20,000-$50,000.
• Tried cases: $50,000-$140,000+.

The RCW 19.86.090 fees are the primary fee-shifting mechanism in Washington lemon-law cases.

Magnuson-Moss federal fee provision

15 U.S.C. § 2310(d)(2) provides federal-court attorney-fee recovery in Magnuson-Moss actions. Available in both federal court (concurrent jurisdiction over $50K cases) and state court.

How fee-shifting changes Washington case dynamics

The asymmetry — discretionary Lemon Law fees but mandatory WCPA fees — drives strategic decisions:

• AG arbitration first for clean refund cases (no fees recoverable, but no defense costs either).
• Court action with WCPA + Magnuson-Moss for cases with willfulness / public-interest impact — mandatory fees attach to WCPA prevailing.
• Pure Lemon Law court action without WCPA is rare — the discretionary § 19.118.150 fees alone don’t justify the cost.

A typical award stack

• Refund: $39,000-$45,000.
• WCPA actual damages (potentially trebled, capped $25K/violation): $5,000-$50,000 depending on aggregation.
• § 19.118.150 fees (if awarded): $15,000-$45,000.
• WCPA § 19.86.090 fees: $25,000-$60,000.
• Consumer net: substantial.

Contingency representation in Washington

Most experienced Washington lemon-law attorneys work on modified contingency:

• No fee upfront.
• Costs advanced by the attorney.
• Fees recovered from the manufacturer through WCPA § 19.86.090 (mandatory on prevailing), Magnuson-Moss, or — when the manufacturer’s defense was clearly groundless — § 19.118.150.

What about AG arbitration?

AG arbitration doesn’t include attorney-fee recovery.

This is why consumers with substantial WCPA exposure pursue court action instead of AG arbitration, or pursue both in parallel.

The settlement breakdown

A typical settled Washington lemon-law / WCPA case might distribute:

• Refund value (including sales tax): 40-55%.
• WCPA damages (potentially trebled): 10-30%.
• Attorney fees and costs: 25-35%.

Bottom line

Washington’s asymmetric fee framework — discretionary Lemon Law fees + mandatory WCPA fees — pushes most attorney-represented cases into court action with WCPA claims plead. The mandatory RCW 19.86.090 fee provision is the load-bearing engine, and combined with the WCPA’s $25K-per-violation treble damages (aggregable across multiple violations), Washington provides solid consumer-favorable fee economics — though not at the level of California, Virginia, North Carolina, or New Jersey’s full mandatory-Lemon-Law-fee frameworks.

Related

Article

Cash-and-Keep Settlements in Washington Lemon Law Cases

When a Washington lemon-law case resolves with the consumer keeping the vehicle plus a cash settlement — and the tradeoffs vs. refund or replacement.

Read → Article

Replacement Vehicle Under Washington Lemon Law

When and how the manufacturer must provide a replacement vehicle under Washington's Lemon Law — substantially identical comparable model, plus tax and fee adjustments.

Read → Article

Refund Under Washington Lemon Law

The most common Washington Lemon Law remedy — full refund plus Washington sales tax and collateral charges, minus a reasonable use deduction, with WCPA treble damages and mandatory RCW 19.86.090 fees in court.

Read → Article

WCPA Damages in Washington Lemon Law Cases

How the Washington Consumer Protection Act amplifies recoveries — actual damages, treble damages capped at $25,000 per violation under RCW 19.86.090, mandatory attorney fees, and the five-element Hangman Ridge test.

Read →