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Does Fraud Pay - An Empirical Analysis Of Attorney's Fees Provisions In Consumer Fraud Statutes , Debra Pogrund Stark, Jessica M. Choplin

Cleveland State Law Review

The discretionary language in some consumer fraud statutes may cause consumers and lawyers to be less likely to decide to bring even a strong meritorious consumer fraud case, impeding the articulated legislative policy to promote the bringing of such cases. These statutes should be modified to eliminate such discretion by the courts. Part II of the Article sets out the economic dilemma a typical consumer faces in deciding whether to bring an action under the common law to be compensated for her losses when she has been defrauded (the "economic feasibility" issue). It then discusses the legislative response to the …