Guidance on Awarding Attorney’s Fees
The Legislature has brought clarity and guidance to trial courts deciding whether to award a party attorney’s fees and expenses in an action brought under the Act. Prior to the new law, § 46A-5-104 of the Act merely told trial courts they could award “reasonable” attorney’s fees and expenses to a consumer and could award the same to a defendant if the action was brought in bad faith and for the purposes of harassment. The new law still provides that trial courts may award “reasonable” attorney’s fees to a consumer and also to a defendant if the action was brought in bad faith and for the purposes of harassment. But, the new law requires trial courts to conduct a “lodestar” analysis and examine the following factors in determining the amount of fees and expenses to award: