A consumer who is granted a refund for the purchase of her car through the manufacturer’s arbitration program may reject that remedy and file a Lemon Law suit for the sole purpose of pursuing a fee award, the Appellate Division ruled Thursday.
The Lemon Law statute’s provision that a consumer shall be awarded fees if his or her case is successful indicates that such an award is not optional, Judges Heidi Currier and Richard Geiger ruled in Bowen v. Hyundai Motor America.
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