Alexander v. S & M MOTORS, INC.

JOHNSTONE, Justice.

The issue presented in each of these cases involves a question of first impression concerning the award of attorney fees under the Kentucky Consumer Protection Act (KCPA), KRS 367.220(3). We granted discretionary review to resolve a split of authority in the Kentucky Court of Appeals. We hold that the award of attorney fees under the statute is discretionary with the trial court.

We begin with a brief discussion of the pertinent facts of each case.

ALEXANDER V. S & M MOTORS, INC.

On November 29, 1993, Jeffery Alexander purchased a vehicle from S & M Motors, which represented…