But consumer lawyers say it’s easier to win under the Merchandising Practices Act. They could still sue for fraud, they note, but fraud is harder to prove than “false promise, misrepresentation” or “unfair practices” covered by the act.

“I use the Merchandising Practices Act all the time to protect consumers in used car sales,” Swearingen said.

It’s also easier for lawyers to get themselves paid under the Merchandising Practices Act. The act currently makes the errant company pay the consumer’s lawyer’s fee if the consumer wins the case, tempting lawyers to take them on. That’s not available under other laws.

Consumers usually can’t afford to pay lawyers by the hour. When lots of money is at stake, lawyers will agree to take a third of what they collect as payment. But the stakes in consumer cases are too small to make that attractive. Swearingen says a typical recovery in a used car case might be $5,000 to $10,000.