The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) provides that a prevailing consumer may recover reasonable attorney's fees and costs from the defendant. This is a discretionary award — the court decides whether to award fees and in what amount — but courts routinely award fees to prevailing consumers in FDUTPA cases. The fee award can sometimes exceed the underlying damages, which is why dealers take these cases seriously.

The Magnuson-Moss Warranty Act similarly provides for attorney's fee awards to prevailing consumers. Because the Act applies to any written warranty on a consumer product, it is frequently invoked in car purchase cases where the dealer provided a warranty. The combination of Magnuson-Moss and FDUTPA claims gives consumers two independent bases for fee recovery.

The federal Odometer Act provides for attorney's fees as part of its treble damages remedy. If you prevail on an odometer fraud claim, you are entitled to three times your actual damages plus attorney's fees and costs. This is a mandatory award, not a discretionary one — the court must award fees to a prevailing plaintiff.

The Florida Consumer Collection Practices Act (FCCPA) and the federal Fair Debt Collection Practices Act (FDCPA) both provide for attorney's fee awards in debt collection harassment cases. If a debt collector violated either statute, you may be entitled to actual damages, statutory damages, and attorney's fees — all without having to prove that you suffered significant financial harm.

The practical significance of fee-shifting cannot be overstated. Without it, a consumer with $3,000 in damages could not afford to hire an attorney to pursue a dealer. With fee-shifting, an attorney can take the case on a contingency basis knowing that if the consumer prevails, the dealer will pay the fees. This is what levels the playing field between individual consumers and well-funded dealerships and collection agencies.