Treble Damages

Treble Damages

Treble Damages

Treble damages provisions appear in antitrust, RICO, false claims, and various consumer protection statutes. Some are mandatory upon liability while others are discretionary or require willfulness.

Attorney fees frequently accompany trebling.

Alternative Names:

Trebled Damages, Triple Damages

Why it Matters?

Mandatory trebling transforms case value, and the practical consequence is that defendants facing treble exposure settle claims they would otherwise try. Whether trebling requires willfulness or attaches automatically is the threshold question, since a willfulness requirement gives the defense a path to limiting exposure to actual damages. Fee shifting typically accompanies these statutes and compounds the exposure.

Frequently asked questions

Is trebling always mandatory?

Is trebling always mandatory?

No. Some statutes make it discretionary or require willfulness, which gives the defense a path to limiting exposure to actual damages.

What compounds the exposure?

What compounds the exposure?

Fee shifting, which typically accompanies treble damages statutes and adds substantially to the total.