About Multistate Litigation and Settlements

Multistate litigation, which includes any coordinated litigation among two or more attorneys general against the same defendant(s), is an important tool attorneys general can use in enforcing antitrust, consumer protection, and environmental laws. By working together to investigate alleged misconduct and bring joint lawsuits against defendants, attorneys general can combine resources to achieve more impactful results. In addition to financial compensation for states and their citizens, multistate settlements can bring about additional industry oversight and corporate commitments to prevent future violations of the law.

How to Use the Database

The searchable database below contains comprehensive information related to multistate settlements between attorneys general and private entities from the early 1980s to the present.

The database can be searched by:

  • Keyword
  • Settling entities
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  • Settlement date
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Clicking the plus sign to the left of each entry will provide additional information about each settlement, including a description of the allegations, the states involved, key settlement terms, and links to settlement documents (when available). Multiple filters can be used simultaneously to further narrow results.

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Date of SettlementSettling EntitiesIssue AreaNumber of Participating AGsTotal Settlement AmountIndustry TypeDescription of AllegationsKey Settlement TermsFederal InvolvementLead State(s)Participating StatesRelated Single State CasesLocation Settlement(s) FiledProduct InvolvedCopy of ComplaintCopy of Settlement DocumentsAG Press Releases
70911/19/202111/28/20217/23/20212021Johnson & JohnsonConsumer ProtectionDefective or Unsafe ProductsTBD$5000000000 Pharmaceutical and Medicine ManufacturingThe tentative agreement announced on this date with Johnson & Johnson provides substantial funding for addiction treatment, prevention services, and other related expenses incurred in responding to the opioid epidemic. The AGs had alleged that Johnson & Johnson, a company that manufactured and marketed opioids, failed to provide accurate information to patients and providers related to the addictive qualities of opioids. Note that the settlement approval is contingent on a critical mass of states and local governments participating. Johnson & Johnson agreed to the following monetary provisions: (1) Johnson & Johnson will pay up to $5 billion over nine years with up to $3.7 billion to be paid during the first three years; (2) The total funding distributed will be determined by the overall degree of participation by both litigating and non-litigating state and local governments; (3) The substantial majority of the money is to be spent on opioid treatment and prevention; and (4) Each state's share of the funding has been determined by agreement among the states using a formula that considers the impact of the opioid crisis on the state, the number of overdose deaths, the number of residents with substance use disorder, the number of opioids prescribed, and the population of the state. Johnson & Johnson also agreed to: (1) Stop selling opioids for 10 years; (2) Not fund or provide grants to third parties for promoting opioids; (3) Not lobby on activities related to opioids; and (4) Share clinical trial data under the Yale University Open Data Access Project. The settlement also includes a number of monitoring provisions to ensure compliance with the settlement terms.CA, CO, CT, DE, FL, GA, LA, MA, NY, NC, OH, PA, TN, TXTBDTBDOpioid prescription drugs2022.02.13-Executive Summary of National Opioid Settlement
2022.01.31-FL-State-Wide Opioid Settlement Agreement and Settlement Term Sheet
2021.12.23-Distributor Settlement Agreement
2021.09.18-Distributor Settlement Agreement
2021.07.21-NAAG-Summary of State and Subdivision Agreements
2021.07.21-TN-Press Release
2021.07.21-NE-Press Release
2021.07.21-NC-Press Release
2021.07.21-NC-FAQs
2021.07.20-NY-Press Release
70811/19/202111/28/20217/23/20212021Cardinal Health, McKesson, AmerisourceBergenConsumer ProtectionDefective or Unsafe ProductsTBD$21000000000 The tentative agreement announced on this date with three companies, AmerisourceBergen, Cardinal Health, and McKesson, provides substantial funding for addiction treatment, prevention services, and other related expenses incurred in responding to the opioid epidemic. The AGs had alleged that AmerisourceBergen, Cardinal Health, and McKesson, the nation’s three major pharmaceutical distributors, did not adequately track opioid shipments, which lead to communities being flooded with these drugs. Note that the settlement approval is contingent on a critical mass of states and local governments participating. The companies involved agreed to the following monetary provisions: (1) The three distributors will collectively pay up to $21 billion over 18 years; (2) The total funding distributed will be determined by the overall degree of participation by both litigating and non-litigating state and local governments; (3) The substantial majority of the money is to be spent on opioid treatment and prevention; and (4) Each state’s share of the funding has been determined by agreement among the states using a formula that considers the impact of the opioid crisis on the state – the number of overdose deaths, the number of residents with substance use disorder, and the number of opioids prescribed – and the population of the state. The three distributors also agreed to the following injunctive provisions for the next ten years: (1) Establish a centralized independent clearinghouse to provide all three distributors and state regulators with aggregated data and analytics about where drugs are going and how often, eliminating blind spots in the current systems used by distributors; (2) Use data-driven systems to detect suspicious opioid orders from customer pharmacies; (3) Terminate customer pharmacies’ ability to receive shipments, and report those companies to state regulators when they show certain signs of drug diversion; (4) Report and prohibit shipping of suspicious opioid orders; (5) Prohibit sales staff from influencing decisions related to identifying suspicious opioid orders; and (6) Require senior corporate officials to engage in regular oversight of anti-diversion efforts. The settlement also includes a number of monitoring provisions to ensure compliance with the settlement terms.CA, CO, CT, DE, FL, GA, LA, MA, NY, NC, OH, PA, TN, TXTBDTBDOpioid prescription drugs2022.02.13-Executive Summary of National Opioid Settlement
2022.01.31-FL-State-Wide Opioid Settlement Agreement and Settlement Term Sheet
2021.12.23-Distributor Settlement Agreement
2021.09.18-Distributor Settlement Agreement
2021.07.21-NAAG-Summary of State and Subdivision Agreements
2021.07.21-TN-Press Release
2021.07.21-NE-Press Release
2021.07.21-NC-Press Release
2021.07.21-NC-FAQs
2021.07.20-NY-Press Release
7077/12/20214/23/20256/22/20212021Uber Eats, a subsidiary of Uber Technologies, Inc. Consumer ProtectionMarketing and Advertising2000Other or Non-Classified IndustryThe agreement between the two states and online food delivery platform Uber Eats seeks to secure better disclosures about the price discrepancy between in-app purchases and orders placed directly with restaurants. Previously, individual AGs had separately investigated other food delivery services for allegedly misleading consumer and labor practices.At the request of the two AGs, Uber Eats made additional disclosures on its app that prices on the platform may be higher than in the restaurant. That disclosure is now included at the stage of the ordering process when consumers are reviewing the subtotal, tax, delivery fee, and total cost of their order, right before the consumer agrees to place the order.DC, PADC, PANoneN/AFood delivery servicesN/APending2021.06.22-PA-Press Release
2021.06.22-DC-Press Release
7067/12/202111/28/20215/11/20212021Atlantic Publishers GroupConsumer ProtectionMarketing and Advertising2$1,000,000 $1,000,000 $0 Publishing IndustriesThe settlement resolves lawsuits filed against two companies that targeted consumers nationwide with deceptive mailers that sold overpriced magazine subscriptions designed to look like renewal notices for consumers' legitimate existing subscriptions. The Colorado and Wyoming Attorney General Offices, as well as the Better Business Bureau, received hundreds of complaints, largely from consumers over the age of 60, about these deceptive mailers.Under the terms of the joint settlement, the organizers of this scam, Dennis Simpson and John Ackermann, and their companies, will pay $500,000 to each of the attorney general offices to support consumer protection efforts in Colorado and Wyoming. They are also banned from operating magazine subscription businesses in both states and from sending the deceptive mailers to Colorado and Wyoming consumers.N/ACO, WYCO, WYSeparate state courtsAdvertising mailers707-2019.11.25-CO-Atlantic-Publishers-Group-Complaint.pdf707-2021.05.11-CO-Atlantic-Publishers-Group-Consent-Judgment.pdfPress Release [CO]
7057/12/202111/28/20214/22/20212021Home DepotEnvironmentEnvironment Other3$20,750,000 $1,532,000 $0 Retail TradeThe settlement resolves alleged violations of the EPA's Lead Renovation, Repair and Painting (RRP) Rule at home renovations performed by Home Depot's contractors across the country. The States of Utah, Massachusetts, and Rhode Island, which have EPA-authorized RRP programs, joined the United States in this action.The settlement requires Home Depot to implement a comprehensive, corporate-wide program to ensure that the firms and contractors it hires to perform work are certified and trained to use lead-safe work practices to avoid spreading lead dust and paint chips during home renovation activities. Home Depot will also pay a $20.75 million penalty, the highest civil penalty obtained to date for a settlement under the Toxic Substances Control Act.DOJ; EPAUT, MA, RIU.S. District Court for the Northern District of Georgia705-2021.04.22-Multistate-Home-Depot-Consent-Decree.pdfPress Release [U.S. DOJ]
7047/12/202111/28/20213/24/20212021Boston Scientific CorporationConsumer ProtectionMarketing and Advertising48$188,600,000 $188,600,000 $0 Medical Equipment and Supplies ManufacturingThe settlement resolves allegations of deceptive marketing of its surgical mesh products for women. Surgical mesh is a synthetic woven fabric that is implanted in the pelvic floor through the vagina to treat common health conditions in women such as stress urinary incontinence and pelvic organ prolapse. These are common conditions faced by women due to a weakening in their pelvic floor muscles caused by childbirth, age, or other factors. Although use of surgical mesh involves the risk of serious complications and is not proven to be any more effective than traditional tissue repair, millions of women were implanted with the devices and thousands of women are alleged to have suffered serious complications resulting from these devices. The complaint alleges that Boston misrepresented the safety of these products by failing to disclose the full range of potential serious and irreversible complications caused by mesh, including chronic pain, voiding dysfunction, and new onset of incontinence.The settlement provides comprehensive injunctive relief. Under the terms of the settlement, Boston is required to provide several marketing reforms, training reforms, and clinical trial reforms. This includes refraining from making various claims about the possible health effects of surgical mesh, informing healthcare providers of significant complications when providing training regarding procedures for insertion and implantation, and registering all Boston-sponsored clinical studies regarding mesh with ClinicalTrials.gov.N/ACA, WACA, WA, FL, IN, MD, OH, SC, TX, AL, AK, AZ, AR, CO, CT, DE, GA, HI, ID, IL, IA, KS, KY, LA, ME, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OK, PA, RI, SD,TN, UT, VT, VA, WI, DCSeparate state courtsSurgical mesh products704-2021.03.24-CA-Boston-Scientific-Corporation-Complaint.pdf704-2021.03.24-CA-Boston-Scientific-Corporation-Final-Judgment.pdfPress Release [CT]
7037/12/20214/24/20253/17/20212021V.J. Associates, Inc. of Suffolk; V.J. Associates of New Jersey, Inc.; V.J. Associates of New England, IncConsumer ProtectionConsumer Fraud31,875,088.791,875,088.79$0 ConstructionThe settlement resolves allegations that V.J. Associates falsely inflated bills for cost estimating and scheduling services on public-works projects in New York, Massachusetts, and New Jersey. VJA performed these services under two types of contracts: time-and-expense contracts (under which VJA was paid for the hours it claimed its employees worked) and fixed-fee contracts. From January 1, 2013 through August 29, 2018, VJA submitted false bills to the prime contractors on certain time-and-expense public works projects where VJA employees worked from a VJA office rather than on-site, at government offices. The bills VJA submitted falsely billed for more hours on projects than its employees actually worked. Specifically, VJA overbilled for hours that its employees worked on unrelated, fixed-fee projects; hours that its employees spent performing administrative tasks unrelated to the projects for which they were billing; and hours that were excessive and unnecessary.As part of this agreement, VJA admitted to submitting false bills and also agreed to be debarred from submitting bids or being awarded any public-work contracts with the states or any municipality or public body within the states for five years.MA, NJ, NYMA, NJ, NYNonePending Public works projectsPending703-2021.03.17-Multistate-V.J.-Associates-Settlement-Agreement.pdf2021.03.19-NY-Press Release
7027/12/20214/24/20253/11/20212021Retrieval-Masters Creditors Bureau d/b/a American Medical Collection Agency (ACMA)Consumer ProtectionConsumer Privacy and Data41$21000000 $21,000,000 $0 Other or Non-Classified IndustryThe settlement with Retrieval-Masters Creditors Bureau, doing businesses as the American Medical Collection Agency (AMCA), resolves a multistate investigation into the 2019 data breach that exposed the personal information of over seven million individuals. AMCA served as the debt collector for LabCorp, Quest Diagnostics, and other medical service providers. According to the states, an unauthorized user gained access to AMCA's internal system from August 1, 2018 through March 30, 2019. AMCA failed to detect the intrusion, despite warnings from banks that processed its payments. The unauthorized user was able to collect a wide variety of personal information, including Social Security numbers, payment card information, and, in some instances, names of medical tests and diagnostic codes.Under the terms of the settlement, AMCA and its principals have agreed to implement and maintain a series of data security practices designed to strengthen its information security program and safeguard the personal information of consumers. These include: (1) Creating and implementing an information security program with detailed requirements, including an incident response plan; (2) Employing a duly qualified Chief Information Security Officer; (3) Hiring a Third-Party Assessor to perform an information security assessment; and (4) Cooperating with the Attorneys General with investigations related to the data breach and maintaining evidence. As part of the agreement, AMCA may also be liable for a $21 million payment to the states if the company violates the injunctive terms of the agreement. Because of AMCA's financial condition, the payment will be suspended if no violation occurs.CT, IN, NY, TXAZ, AR, CO, CT, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MO, NE, NV, NH, NJ, NM, NY, NC, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, WA, WVNoneSeparate state courtsConsumer data702-2021.03.11-CO-American-Medical-Collection-Agency-Complaint.pdf702-2021.03.11-CO-American-Medical-Collection-Agency-Agreed-Final-Judgment.pdf2021.03.11-CT-Press Release
7017/12/20214/24/20253/3/20212021Associated Community Services, Inc. d/b/a A.C. Services; Central Processing Services, LLC; Community Services Appeal, LLC; Directele, Inc.; The Dale Corporation; Robert W, “Bill” Burland, Richard T. Cole, Amy J. Burland, Barbara Cole, Scot Stepek, Nikole Gilstorf, Antonio Lia, and John LucidiConsumer ProtectionDo-not-call/Robocalls39$500000 500,000.000Other or Non-Classified IndustryThe settlement resolves a state investigation of a telefunding operation that bombarded 67 million consumers with 1.3 billion deceptive charitable fundraising calls, most of which were illegal robocalls. This operation illegally collected millions of dollars by falsely claiming that funds would go to charities that support veterans, children, and firefighters. According to the complaint, the defendants knew that the organizations for which they were fundraising spent little or no money on the charitable causes they claimed to support ù in some cases as little as one-tenth of one percent. The defendants kept as much 90 cents of every dollar they solicited from generous donors on behalf of the charitiesThe defendants are permanently prohibited from conducting or consulting on any fundraising activities and from conducting telemarketing of any kind to sell goods or services. In addition, they will be prohibited from using any existing donor lists and from further violations of state charitable giving laws, as well as from making any misrepresentation about a product or service.Federal Trade CommissionAL, CA, CO, CT, DC, DE, FL, GA, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MO, MT, NE, NV, NH, NJ, NM, NC, OH, OK, OR, PA, TN, TX, UT, VA, WA, WV, WI, WYNoneU.S. District Court for the Eastern District of MichiganCharitable Fundraising  2021.01.26-Complaint
2021.01.26-Complaint-Appendix A
2021.01.26-Complaint-Appendix B
701-2021.03.03-Multistate-Associated-Community-Services-Inc.-Stipulation.pdf2021.03.04-CT-Press Release
2021.03.04-PA-Press Release
2021.03.04-FTC-Press Release
7007/12/20214/24/20252/17/20212021Voyageurs International, Ltd.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues7Other or Non-Classified IndustryThe settlement resolves an investigation into Voyageurs' actions after students and their families prepaid for a high school music trip to Europe in the summer of 2020, which the company later cancelled due to the COVID-19 pandemic. Upon cancelling the trip, Voyageurs retained a cancellation fee of up to $1900 from each student and withheld additional cancellation fees from students who had prepaid to extend their trips into Greece.Under the agreement, Voyageurs will fully refund all cancelation fees it retained from the students.CA, GA, IA, KY, MN, MO, VAPendingSeparate state courtsTravel ServicesPending700-2021.02.17-KY-Voyageurs-International-Assurance-of-Voluntary-Compliance.pdfPending
6997/12/202111/28/20212/8/20212021CitibankConsumer ProtectionUnauthorized Fees or Service Cancellation Issues5$4,207,500 $0 $4,207,500 Finance & InsuranceThe settlement resolves allegations that Citibank illegally overcharged credit card interest. The investigation arose from Citibank's failure, from February 2011 to August 2017, to properly reevaluate and reduce the annual percentage rate ("APR") for certain consumer credit card accounts as required by the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act). For more than six years, Citibank failed to follow the law and lower credit card interest rates for certain consumers who were entitled to reductions in their APR.The settlement states that the attorneys general will be distributing the settlement to eligible consumers through Epiq Class Action & Claims Solutions, Inc., a settlement administrator.N/AIA, MA, NJ, NC, PASeparate state courts699-2021.02.08-Multistate-Citibank-Agreement.pdfPress Release [PA]
6987/12/202111/28/20212/4/20212021McKinsey & CompanyConsumer ProtectionMarketing and Advertising53$573,919,331 $573,919,331 $0 Management, Scientific, and Technical Consulting ServicesThe settlement resolves the states' investigations into the McKinsey's role in advising opioid companies, helping those companies promote their drugs, and profiting from the opioid epidemic. This is the first multistate opioid settlement to result in substantial payment to the states to address the epidemic.In addition to providing funds to address the crisis, the agreement calls on McKinsey to prepare tens of thousands of its internal documents detailing its work for Purdue Pharma and other opioid companies for public disclosure online. In addition, McKinsey agrees to adopt a strict document retention plan and continue its investigation into allegations that two of its partners tried to destroy documents in response to investigations of Purdue Pharma. The company must implement a strict ethics code that all partners must agree to each year, and it must stop advising companies on potentially dangerous Schedule II and III narcotics.N/ACA, CO, CT, MA, NY, NC, OK, OR, TN, VTCA, CO, CT, MA, NY, NC, OK, OR, TN, VT, AL, AK, AZ, AR, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MI, MN, MS, MO, MT, NE, NH, NJ, NM, ND, OH, PA, RI, SC, SD, TX, UT, VA, WI, WY, DC, AS, GU, MP, PR, VISeparate state courtsPrescription opioids698-2021.02.04-CA-McKinsey-and-Company-Inc.-Complaint.pdf698-2021.02.04-CA-McKinsey-and-Company-Inc.-Final-Judgment.pdfPress Release [CA]
6977/12/202111/28/20211/12/20212021Healing Heroes NetworkConsumer ProtectionCharities Fraud11$95,000 $95,000 $0 Charitable Organizations & FoundationsThe settlement resolves allegations that between 2014 and 2018, Healing Heroes sought donations to help veterans wounded in the wars in Iraq and Afghanistan receive medical treatments that the U.S. Department of Veterans Affairs did not readily provide. Potential donors were told that 100 percent of the proceeds from telephone solicitations and sweepstakes mailers would benefit wounded veterans; however, the states' investigation revealed that few of the contributions Healing Heroes received actually went toward assisting wounded veterans. Instead, donations were used to pay professional fundraisers, online advertising fees, and the salaries of Stacey Spiegel and her son, Neal. Donations were also used to purchase t-shirts from a Spiegel family member's business.The settlement requires Healing Heroes Network and Hero Giveaways to permanently cease any kind of charitable solicitations. Using remaining funds, Stacey Spiegel, Allan Spiegel and Neal Spiegel have agreed to make a payment that will be directed to a veterans' charity whose mission matches the representations made by Healing Heroes Network. In addition, the Spiegels also are subject to a five-year ban from overseeing, managing or soliciting charitable contributions for any nonprofit organization.N/AWACA, FL, IL, MD, MN, MO, NM, OH, OR, VA, WASeparate state courts697-2021.01.12-CA-Healing-Heroes-Network-Inc.-Complaint.pdf697-2021.01.12-CA-Healing-Heroes-Network-Inc-Stipulation-for-Final-Judgment-and-Permanent-InPress Release [MN]
6957/12/202112/22/20202020Sabre CorporationConsumer ProtectionConsumer Privacy and Data27$2400000 $2,400,000 $0 The settlement resolves a multistate investigation into the 2017 data breach of Sabre Hospitality SolutionsÆ hotel booking system. The breach exposed the data of approximately 1.3 million credit cards.Under the settlement, Sabre agrees to implement and maintain a comprehensive information security program, a written incident response and data breach notification plan, specific security requirements, and undergo a third-party security assessment. In addition, SabreÆs future contracts will include language to specify the roles and responsibilities of both Sabre and its hotel customers in the event of a breach. The settlement also requires Sabre to determine whether its hotel customers have notified consumers of the breach, and to provide the AG coalition a list of all the customers Sabre has notified.VTAK, AZ, AR, CT, FL, HI, IN, IA, LA, MI, MN, MO, MT, NE, NV, NJ, NY, NC, ND, OH, OR, PA, TN, VT, VA, WA695-2020.12.22-Multistate-Sabre-Corporation-Assurance-of-Voluntary-Compliance.pdfPress Release [VA]
6947/12/202111/29/202112/11/20202020CafePressConsumer ProtectionConsumer Privacy and Data7$2,000,000 $2,000,000 $0 Retail TradeThe settlement resolves an investigation stemming from a 2019 data breach of CafePress's user database that compromised the personal information of approximately 22 million consumers.Under the settlement, CafePress has agreed to a series of provisions designed to protect consumer personal information. Those include: (1) a comprehensive information security program that includes regular reporting to the CEO concerning security risks; (2) an incident response and data breach notification plan that encompasses preparation, detection and analysis, containment, eradication, and recovery; (3) personal information safeguards and controls, including encryption, segmentation, penetration testing, logging and monitoring, a risk assessment program, password management, and data minimization; (4) clear notice to consumers regarding CafePress' account closure and data deletion practices; and (5) third-party security assessments for five (5) years.N/ANYNY, CT, IN, KY, MI, NJ, OR694-2020.12.11-Multistate-CafePress-Assurance-of-Voluntary-Compliance.pdfPress Release [NY]
6937/12/202111/29/202112/7/20202020Nationstar MortgageConsumer ProtectionConsumer Protection Lending Practices51$86300000 $11,500,000 $57,723,049 According to the investigation, Nationstar began purchasing mortgage servicing portfolios in 2012 from competitors and grew quickly into the nation's largest non-bank servicer. As loan data was transferred to Nationstar, borrowers who sought assistance with payments and loan modifications sometimes fell through the cracks and their loans were sent to foreclosure. The investigation also uncovered other borrower harm resulting from Nationstar's failure to oversee third-party vendors hired to inspect and maintain properties owned by delinquent borrowers that improperly changed locks on homes.Under the settlement, direct payments from a fund of more than $6.4 million will be available to eligible borrowers, including those who lost homes to foreclosure shortly after a service transfer to Nationstar; or who were improperly locked out of their homes during a property inspection. A separate fund exceeding $15.6 million will go to borrowers for impermissible increases in mortgage payments.FL, IL, IA, TXAL, AK, AZ, AR, CA, CO, CT, DC, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY693-2020.12.07-Multistate-Nationstar-Mortgage-Complaint.pdf693-2020.12.07-Multistate-Nationstar-Mortgage-Consent-Judgment.pdfPress Release [IL]
6927/12/202111/29/202112/4/20202020DISH NetworkConsumer ProtectionDo-not-call/Robocalls4$210,000,000 $210,000,000 $0 TelecommunicationsThe settlement resolves federal and state investigations into DISH Network's engaging in allegedly illegal nationwide telemarking in violation of do-not-call laws. In the lawsuit, the coalition alleged that DISH violated federal telemarketing laws by calling individuals listed on the national Do Not Call Registry and by using a prerecorded voice to place calls to residential phone lines without first obtaining the party's express consent. The complaint also alleged DISH and its order-entry retailers placed tens of millions of illegal calls to consumers through the campaign.In a 2017 opinion, the district court found DISH liable for more than 66 million telemarketing violations of the TSR and other federal and state statutes, imposing significant compliance measures on DISH and awarding the plaintiffs $280 million in civil penalties and damages, with $168 million going to the United States and $112 million to the state plaintiffs. DISH will continue to follow the robust compliance measures imposed by the court in 2017. The injunction strictly prohibits any future telemarketing violations and significantly restricts DISHÆs future telemarketing activities. DISH also has been ordered to prepare and abide by a telemarketing plan, submit telemarketing compliance materials to the department and the FTC twice annually until 2027, and provide compliance reports requested by the department or the FTC.FTCNC, CA, IL, OHU.S. District Court for the Central District of Illinois692-2020.12.04-Multistate-DISH-Network-Stipulated-Order-for-Montetary-Judgment.pdfPress Release [NC]
6917/12/202111/29/202111/24/20202020Home DepotConsumer ProtectionConsumer Privacy and Data47$17,500,000 $17,500,000 $0 Retail TradeThe settlement resolves a multistate investigation of a 2014 data breach which exposed the payment card information of about 40 million The Home Depot consumers nationwide.Specific information security provisions agreed to in the settlement include: (1) Employing a duly qualified chief information security officer reporting to both the senior or C-level executives and board of directors regarding Home Depot's security posture and security risks; (2) Providing resources necessary to fully implement the company's information security program; (3) Providing appropriate security awareness and privacy training to all personnel who have access to the company's network or responsibility for U.S. consumers' personal information; (4) Employing specific security safeguards with respect to logging and monitoring, access controls, password management, two-factor authentication, file integrity monitoring, firewalls, encryption, risk assessments, penetration testing, intrusion detection and vendor account management; and (5) Consistent with previous state data breach settlements, the company will undergo a post settlement information security assessment which in part will evaluate its implementation of the agreed upon information security program.N/ACT, IL, TXAK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MN, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, WA, WV, WI691-2020.11.24-CA-Home Depot-Complaint.pdf691-2020.11.24-AZ-Home Depot-Assurance-of-Discontinuance.pdfPress Release [CT]
6907/12/202111/29/202111/18/20202020AppleConsumer ProtectionDefective or Unsafe Products34$113,000,000 $113,000,000 $0 Computer & Electronic Product ManufacturingThe settlement with Apple, Inc. resolves an investigation into Apple's 2016 decision to throttle customers' iPhone speeds in order to address unexpected shutdowns in some iPhones. The attorneys general allege that Apple discovered battery issues led to unexpected shutdowns in iPhones. Rather than disclosing these issues or replacing batteries, Apple concealed the issues and reduced iPhone performance. Apple's concealment of the battery issues and decision to throttle caused Apple to profit from selling additional phones to customers whose phone performance had decreased.In addition to the monetary payment, Apple must also provide truthful information to consumers about iPhone battery health, performance and power management on their website, update installation notes, and in the iPhone user interface itself.N/AAZ, AR, INAK, AZ, AR, CA, CT, FL, HI, ID, IL, IN, IA, KS, KY, LA, MI, MN, MO, MT, NV, NE, NJ, NC, ND, OH, OR, PA, SC, TN, TX, UT, VT, VA, WI, DCSeparate state courtsSmartphones690-2020.11.18-AZ-Apple-Inc.-Complaint.PDF690-2020.11.18-AZ-Apple-Inc.-Consent-Judgment.pdfPress Release [AZ]
6897/12/202111/29/202110/23/20202020Waste Management, Inc.; Advanced Disposal Services, Inc.AntitrustMerger Review5$0 $0 $0 Waste Management & Remediation ServicesAccording to the complaint, Waste Management, Inc. (WMI) and Advanced Disposal Services, Inc. (ADS) both supply small container commercial waste collection and municipal solid waste disposal services. In each of the local markets alleged in the complaint, WMI and ADS compete vigorously against each other and are either the only two or two of only a few significant providers of one or both of these essential services. WMI is seeking to acquire ADS, but the combination of the two companies would eliminate head-to-head competition between them and threaten the lower prices and better service that customers have realized from that competition.Under the terms of the proposed settlement, WMI and ADS must divest assets covering over 50 local markets including landfills, transfer stations, hauling locations, and waste collection routes to GFL Environmental Inc., or to an alternate acquirer approved by the United States. GFL, based in Ontario, Canada, is a provider of small container commercial waste collection and MSW disposal in local markets in Canada and the Unites States.DOJFL, IL, MN, PA, WIU.S. District Court for the District of Columbia689-2020.10.23-Multistate-Waste-Management-Complaint.pdf689-2020.10.23-Multistate-Waste-Management-Asset-Preservation-Stipulation-and-Order.pdfPress Release [U.S. DOJ]
6887/12/20214/24/202510/8/20202020CHSPSC, LLC, f/k/a Community Health Systems Professional Services Corporation Consumer ProtectionConsumer Privacy and Data28$5000000 $5,000,000 $0 Other or Non-Classified IndustryThe settlement resolves a 2014 data breach of Community Health Systems Inc. (CHS) that impacted approximately 6.1 million patients nationwide. In 2014, CHS confirmed that its computer network was the target of an external cyber attack that allowed hackers to gain access to patient names, birthdates, Social Security numbers, phone numbers and addresses.The settlement requires CHS to take a number of steps to prevent future breaches, such as developing an incident plan so that the company will know what to do if a breach occurs. The settlement also requires CHS to employ additional policies to protect sensitive patient information, such as: (1) Developing and implementing a written information security program; (2) Developing a plan to ensure that any needed software patches are detected and applied in a timely manner to avoid allowing security gaps; (3) Maintaining strict control over access to CHSÆ accounts and network, and implementing measures such as multi-factor authentication to limit access only to authorized individuals; (4) Providing regular security and privacy training for all employees who handle or come into contact with sensitive patient data; (5) Developing and maintaining policies and procedures to encrypt sensitive data when appropriate; (6) Conducting an annual risk assessment of the CHS network, and developing a plan for addressing those risks and protecting data; (7) Requiring any third-party companies that provide services to CHS involving the handling or storage of sensitive patient data to agree to take certain precautions to protect the data; (8) Implementing and maintaining policies to track and protect all company computers, phones and other devices that have access to or transmit sensitive patient data; (9) Engaging a third-party assessor to evaluate CHSÆ compliance with the terms of the judgment and the handling of sensitive patient data.IL, TN, TXAK, AR, CT, FL, IL, IN, IA, KY, LA, MA, MI, MS, MO, NE, NV, NJ, NC, OH, OR, PA, RI, SC, TN, TX, UT, VT, WA, WVNoneSeparate state courtsConsumer Data688-2020.10.08-NC-Community-Health-Systems-Complaint.pdf688-2020.10.08-IL-Community-Health-Systems-Final-Judgment-and-Consent-Decree.pdf2020.10.08-CT-Press Release
2020.10.08-TN-Press Release
6877/12/202111/29/20219/30/20202020Anthem Inc.Consumer ProtectionConsumer Privacy and Data43$39500000 $39,500,000 $0 This settlement resolves a 2014 data breach that compromised the personal information of 78.8 million customers nationwide. The breach gave attackers access to Anthem's data warehouse, where they harvested names, dates of birth, Social Security numbers, health care identification numbers, home addresses, email addresses, phone numbers, and employment information.The company will make a series of changes to its security protocols designed to strengthen practices going forward, including: (1) Prohibiting the misrepresentation of the extent to which Anthem protects the privacy and security of consumers' personal information; (2) Implementing a comprehensive information security program that incorporates principles of zero trust architecture and includes regular security reporting to the Board of Directors and prompt notice of significant security events to the CEO; (3) Setting up specific security requirements with respect to segmentation, logging and monitoring, anti-virus maintenance, access controls and two-factor authentication, encryption, risk assessments, penetration testing, and employee training, among other requirements; and (4) Scheduling third-party security assessments and audits for three years, as well as requiring that Anthem make its risk assessments available to a third-party assessor during that term.CT, IL, IN, KY, MA, MO, NYAK, AZ, AR, CO, CT, DC, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NV, NH, NJ, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, VA, WA, WV, WICASeparate state courts687-2020.09.30-CA-Anthem-Inc-Complaint687-2020.09.30-CO-Anthem-Inc-Assurance-of-Discontinuance.pdfPress Release [NY]
6867/12/202111/29/20219/24/20202020C.R. BardConsumer ProtectionMarketing and Advertising49$60,000,000 $60,000,000 $0 Medical Equipment and Supplies ManufacturingThe settlement with C.R. Bard, Inc. and its parent company Becton, Dickinson and Company resolves allegations concerning the deceptive marketing of transvaginal surgical mesh devices. Thousands of women implanted with surgical mesh have made claims that they suffered serious complications resulting from these devices, including erosion of mesh through organs, pain during sexual intercourse, and voiding dysfunction. Although use of surgical mesh involves the risk of these serious complications and is not proven to be more effective than traditional tissue repair, millions of women were implanted with these devices. The attorneys general allege that C.R. Bard misrepresented or failed to adequately disclose serious and life-altering risks of surgical mesh devices, such as chronic pain, scarring and shrinking of bodily tissue, painful sexual relations, and recurring infections, among other complications.Under the terms of the settlement, the companies are required to: (1) In any marketing materials, provide patients with understandable descriptions of complications; (2) Include a list of certain complications in all marketing materials that address complications; (3) Disclose complications related to the use of mesh in any training provided that includes risk information; (4) Disclose sponsorship in clinical studies, clinical data, or preclinical data for publication; (5) Refrain from citing to any clinical study, clinical data, or preclinical data regarding mesh, for which the company has not complied with the disclosure requirements; (6) Require consultants to agree to disclose in any public presentation or submission for publication Bard's sponsorship of the contracted for activity; (7) Register all Bard-sponsored clinical studies regarding mesh with ClinicalTrials.gov; (8) Train independent contractors, agents, and employees who sell, market, or promote mesh, regarding their obligations to report all patient complaints and adverse events to the company; (9) Ensure that its practices regarding the reporting of patient complaints are consistent with FDA requirements.N/AWA, CA, FL, IN, MD, OH, SC, TXAL, AK, AR, AZ, CA, CO, CT, DE, DC, FL, GA, HI, ID, IN, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NY, NM, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WA, WISeparate state courtsTransvaginal surgical mesh devices686-2020.09.24-AZ-C.R.-Bard-Inc-Complaint.pdf686-2020.09.24-AZ-C.R.-Bard-Inc-Consent-Judgment.pdfPress Release [CA]
6857/12/20219/15/20202020PEAKS Trust 2009-1, Deutsche Bank National Trust Company, Deutsche Bank Trust Company Delaware, Deutsche Bank Trust Company AmericasConsumer ProtectionConsumer Protection Lending Practices48$330000000 0330,000,000Banking, Insurance, and FinanceThis settlement resolves claims of deceptive trade practices by PEAKS Trust, a private loan program run by ITT Tech and affiliated with Deutsche Bank entities. After the 2008 financial crisis, ITT developed a plan with PEAKS to offer students temporary credit to cover the gap in tuition between federal student aid and the full cost of the education. However, when the temporary credit became due, ITT pressured and coerced students into accepting high-interest loans from PEAKS, including threatening expulsion.Under the settlement, PEAKS agreed to forgo collection of the outstanding loans and cease doing business. PEAKS will send notices to borrowers about the cancelled debt and ensure that automatic payments are cancelled. PEAKS is also required to supply credit reporting agencies with information to update credit information for affected borrowers.Consumer Financial Protection BureauIAAZ, AR, CA, CO, CT, DC, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WYFiled in separate state courts.Student Loans2020.09.15-CA-Complaint
2020.09.15-NE-Application for Approval of AVC
2020.09.15-Multistate-Assurance of Voluntary Compliance
2020.09.20-NE-Order Approving AVC
2020.10.16-CA-FInal Judgment and Permanent Injunction
2020.09.15-CA-Press Release
6847/12/202111/29/20218/25/20202020HondaConsumer ProtectionDefective or Unsafe Products48$85151210 $85,151,210 $0 The settlement concludes a multistate investigation into Honda's alleged failure to inform regulators and consumers of issues related to the significant risk of rupture in the frontal airbag systems installed in certain model cars, which could cause metal fragments to fly into the passenger compartments of many Honda and Acura vehicles. The states specifically allege that Honda's actions, or its failures to act, as well as its misrepresentations about the safety of its vehicles, were unfair and deceptive, and that Honda's conduct violated state consumer protection laws.The settlement includes injunctive relief requiring Honda to: (1) take steps to ensure that future airbag designs include "fail-safe" features to protect passengers in the event the inflator ruptures; (2) adopt changes to its procurement process for new frontal airbags to ensure that its suppliers have the appropriate industry certifications and satisfy key industry performance standards, as well as to improve record-keeping and parts tracking; (3) implement recurrence prevention procedures -- such as requiring that Honda approve all new frontal airbag designs before the company considers them for use in new Honda vehicles -- in an effort to prevent tragedies that led to these deaths and injuries from happening again; (4) prohibit misleading advertisements and point of sale representations regarding the safety of Honda and Acura's vehicles, including in the automobiles' airbags; (5) make improvements in critical areas for the company, including risk management, quality control, supplier oversight, and training and certifications, as well as implementing mandatory whistleblower protections at the company.AR, CT, DC, FL, GA, MD, NJ, OR, SC, SD, TXAL, AK, AR, CO, CT, DC, DE, FL, GA, GU, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NC, ND, OH, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WYSeparate state courtsTakata automobile airbags684-2020.08.25-DC-Honda-Complaint684-2020.08.25-CO-Honda-Consent-Order-and-Judgment.pdfPress Release [SC]
6837/12/202111/29/20217/15/20202020CorningAntitrustBid-Rigging2$875,000 $875,000 $0 Motor Vehicle ManufacturingThe settlement with auto parts manufacturer Corning Incorporated ("Corning") and its subsidiary Corning International Kabushiki Kaisha ("CIKK") resolves state allegations regarding antitrust law violations arising from illegal Bid-Rigging. This conduct, going back decades, allegedly involved conspiracies by Corning, CIKK, and other auto manufacturers to suppress and eliminate competition by agreeing to rig bids for and to fix, stabilize, and maintain prices of ceramic substrates sold to automobile manufacturers.As part of the agreement, Corning agrees to the sharing, disclosure, or discussion of information or documents produced, or provided pursuant to this agreement and a related private class action settlement agreement. The settlement includes a number of other disclosure requirements related to the underlying conduct.N/ACA, FLCA, FL683-2020.07.15-Corning-Inc-Settlement-Agreement.pdfPress Release [CA]
6827/12/202111/29/20215/19/20202020SantanderConsumer ProtectionConsumer Protection Lending Practices34$550000000 $70,000,000 The settlement resolves allegations that Santander violated consumer protection laws by exposing subprime consumers to unnecessarily high levels of risk and knowingly placing these consumers into auto loans with a high probability of default. The settlement stems from a multistate investigation of Santander's subprime lending practices, which began in 2015. Based on the multistate investigation, the group alleged that Santander, through its use of sophisticated credit scoring models to forecast default risk, knew that certain segments of its population were predicted to have a high likelihood of default. Santander exposed these borrowers to unnecessarily high levels of risk through high loan-to-value ratios, significant backend fees, and high payment-to-income ratios. The Attorneys General also alleged that Santander's aggressive pursuit of market share led it to underestimate the risk associated with loans by turning a blind eye to dealer abuse and failing to meaningfully monitor dealer behavior to minimize the risk of receiving falsified information, including the amounts specified for consumers' incomes and expenses. Finally, they allege that Santander engaged in deceptive servicing practices and actively misled consumers about their rights, and risks of partial payments and loan extensions.Under the settlement, Santander is required to provide relief to consumers in the form of restitution payments and debt cancellation and, moving forward, is required to factor a consumer's ability to pay the loan into its underwriting. Santander will pay $65 million to the 34 participating states for restitution for certain subprime consumers who defaulted on loans between Jan. 1, 2010 and Dec. 31, 2019. The settlement also includes significant consumer relief by way of debt cancellation. In all, Santander agreed to waive the deficiency balances for certain defaulted consumers, with approximately $433 million in immediate cancellation of loans still owned by Santander, and additional deficiency waivers of loans that Santander no longer owns but is required to attempt to buy back.

Going forward, Santander cannot extend financing if a consumer has a negative residual income after taking into consideration a list of actual monthly debt obligations. Santander is also required to test all loans that default in the future to see if the consumer, at the time of origination, had a negative income. The test must include an amount for basic living expenses. If the loan is found to be unaffordable and the consumer defaulted within a certain amount of time, Santander is required to forgive that loan.

Additionally, Santander is barred from requiring dealers to sell ancillary products, such as vehicle service contracts. Santander will also implement steps to monitor dealers who engage in income inflation, expense inflation, power booking, and Santander will enact additional documentation requirements for those dealers. Further, Santander will no longer allow problematic dealers to waive loan documentation requirements on a consumer's income and expenses. Finally, Santander will maintain policies and procedures for deferments, forbearances, modifications and other collection matters that all employees must follow.
ILAZ, AR, CA, CT, DC, FL, GA, HI, IL, IN, IA, KS, KY, LA, ME, MD, MI, MN, NE, NH, NJ, NM, NY, NC, OR, RI, SC, TN, UT, VA, WA, WV, WY682-2020.05.19-CA-Santander-Consumer-USA-Inc-Complaint.pdf682-2020.05.19-CA-Santander-Consumer-USA-Inc-Entry-for-Final-Judgment-and-Permanent-Injunction.pdfPress Release [IL]
6817/12/202111/29/20213/10/20202020T-Mobile; SprintAntitrustMerger Review12$15,000,000 $15,000,000 $0 TelecommunicationsThe settlement addresses concerns the states had with the proposed merger between T-Mobile and Sprint.The settlement, upon the merger's closing, requires T-Mobile to reimburse each of the 12 states for reasonable fees, costs of investigation, and litigation up to each state's proportional share of $15 million. Additionally, T-Mobile will offer, for at least five years, low costs plans in at least all the 12 states, including 2GB of high speed data/$15 per month and 5 GB of high speed data/$25 per month. T-Mobile will develop rate plans that offer the same or better rate plans than it offered Feb. 4, 2019. These rates will last for five years, which is two years more than T-Mobile's commitment to the Federal Communications Commission. For five years, T-Mobile will offer its "Project 10 Million" program to as many as 10 million households across the country to qualifying low-income, unconnected households in the 12 states, with 100GB of no-cost broadband internet service per year and a free mobile Wi-Fi hotspot device (up to a $700 million hardware commitment nationwide) and the option to purchase select Wi-Fi-enabled tablets at the company's expense for each qualifying household. All T-Mobile and Sprint retail employees in each of the 12 states in good standing as of the merger's closing date are to receive an offer of substantially similar employment with New T-Mobile. Non-executive T-Mobile and Sprint employees who join DISH within one year of closing will not have to abide by the new company's applicable non-compete agreements. Finally, The new T-Mobile will strive to increase the participation rate in its employee Diversity & Inclusion Program to 60 percent within three years of the transaction closing.N/ACT, DC, HI, IL, MD, MI, MA, MN, OR, PA, VA, WI681-2020.03.10-Multistate-T-Mobile-and-Sprint-Multistate-Settlement-Agreement.pdfPress Release [PA]
6807/12/202111/29/20213/2/20202020Burger King; Popeye's; Tim Horton'sConsumer ProtectionLabor Practices14$0 $0 $0 Food & Beverage StoresThese agreements are the result of an investigation into national fast food franchises announced July 2018 over concerns that no-poach agreements, which prevent workers from switching between employers of the same franchise, hurt low-wage workers by limiting their ability to secure better paying jobs. The attorneys general began their investigation in July 2018 by sending letters to Arby's, Burger King, Dunkin' Brands, Five Guys Burgers and Fries, Little Caesars, Panera Bread, Popeyes Louisiana Kitchen, and Wendy's requesting documents, including copies of franchise agreements and communications related to no-poach provisions. The attorneys general alleged that no-poach provisions make it difficult for workers to improve their earning potential by moving from one job to another or seeking a higher-paying job at another franchise location, and that many workers are unaware they are subject to these no-poach provisions. In March 2019, the attorneys general announced they had reached settlements with Dunkin', Arby's, Five Guys, Little Caesars and Panera in which the restaurants agreed to cease using no-poach provisions in their franchise agreements.Under the terms of the settlements, the franchisors have agreed to stop including no-poach provisions in any of their franchise agreements and to stop enforcing such provisions franchise agreements already in place. The franchisors have also agreed to amend existing franchise agreements to remove no-poach provisions and to ask their franchisees to post notices in all locations to inform employees of the settlement.N/AMAMA, CA, DC, IA, IL, MD, MA, MN, NC, NJ, NY, OR, PA, RI, VT680-2020.03.02-Multistate-Tim-Hortons-Settlement-Agreement.pdfPress Release [MA]
6797/12/20215/13/20252/25/20202020Mallinckrodt PLC aka Mallinckrodt Pharmaceuticals; Mallinckrodt LLC fka Mallinckrodt, Inc.; SPECGX LLCConsumer ProtectionDefective or Unsafe Products50$1600000000 Pharmaceutical and Medicine ManufacturingThe global settlement framework agreement between state attorneys general, local subdivisions, and the opioid manufacturer Mallinckrodt (MNK), its subsidiaries, and other affiliates aims to resolve opioid-related claims. According to the AGs, MNK pushed for the use of more opioids at higher doses and for longer periods of time under the guise of what it characterized as the widespread and problematic under-treatment of pain. MNK allegedly sought to convince health care providers and patients that opioids were a safe and effective treatment by minimizing the risk of addiction, touting deceptive concepts like "pseudo addiction," and making false and unsubstantiated claims about the drugs' benefits. The AGs also alleged that MNK failed in its responsibility to identify, report and stop suspicious orders.

MNK will pay $1.6 billion into a trust that will cover the costs of opioid addiction treatment and related efforts that will go toward helping to address the opioid crisis, including valid claims related to MNK's role in the opioid crisis raised by non-governmental claimants.

 

The settlement was amended in October 2020.

 

Under the amended agreement, MNK will pay $1.6 billion into a trust as described below as part of a pre-packaged bankruptcy along with providing the states and other governmental entities additional consideration. MNK is currently the largest generic opioid manufacturer in the United States. MNK and certain affiliates filed for Chapter 11 bankruptcy in Delaware   to effectuate the amended settlement.

 

As part of the amended agreement, MNK will pay $1.6 billion cash into a trust that will go toward abating the opioid crisis nationally. MNK will pay the $1.6 billion according to the following schedule:

  • $450 million upon emergence from bankruptcy;
  • $200 million annually on the first and second anniversary of emergence from bankruptcy; and
  • $150 million annually on the third through seventh anniversaries of emergence from bankruptcy.
Prescription opioid drugs2022.06.16-Mallinckrodt-NOAT II Trust Distribution Procedures
2022.03.02-Mallinckrodt-U.S. Bankruptcy Court’s Confirmation Order
2022.06.06-Mallinckrodt-Chapter 11 Plan of Reorganization of Mallinckrodt plc
2022.06.16-Mallinckrodt-National Opioid Abatement Trust II Trust Agreement
2020.10.12-TN-Press Release
2020.10.12-FL-Press Release
2020.02.25-FL-Press Release
6787/12/202111/29/20211/14/20202020PayPal Charitable Giving FundConsumer ProtectionCharities Fraud23$200000 $0 $0 The AGs reached an agreement with PayPal Charitable Giving Fund, Inc. to ensure donors receive adequate information and disclosures when making charitable contributions through the company's online fundraising platform. PayPal Charitable Giving Fund, Inc. (PPGF) is the charitable arm of PayPal, Inc. PPGF is a 501(c)(3) nonprofit corporation that allows donors to contribute funds electronically to PPGF and to select a charity to receive their contribution. PPFG then aggregates all the contributions and distributes them accordingly to the various charities. PPGF does not collect fees from donors or charities for this service; however, a charity receives contributions more quickly if the charity maintains a PayPal account, a fact that had not been adequately disclosed to donors. And in some instances, PPGF redirected donors' contributions from the charity selected by the donor to other organizations with similar purposes without informing donors.To address the states' concerns, PPGF agreed to adopt reforms to its disclosures to ensure that donors know: (1) that they are contributing to PPGF; (2) the timeframe in which a selected charity may receive funds from PPGF; and (3) the implication of being an enrolled rather than an unenrolled charity on the PPGF platform. PPGF also agreed to notify donors when it redirects a donor's charitable contribution to an organization other than the one selected by the donor. PPGF will provide regulators with future fundraising campaign data to ensure the organization is complying with its obligations under the agreement. Finally, PPGF agreed to make a payment of $200,000 to the National Association of Attorneys General for deposit into the NAAG Charities Enforcement and Training Fund. This Fund has been established to defray costs associated with the investigation and litigation of cases brought by state charities regulators and to provide training and education to those regulators.CT, NEAR, CO, CT, DC, ID, IL, IA, KS, KY, LA, MN, MS, NE, NV, NH, OH, OK, OR, PA, TX, WI678-2020.01.14-NY-PayPal-Multistate-Assurance-of-Discontinuance.pdfPress Release [NY]
6777/12/202111/29/202112/3/20192019Lehigh Cement Co.; Lehigh White Cement Co.EnvironmentAir Pollution Control4$1,300,000 $650,000 N/ANonmetallic Mineral Product ManufacturingThe settlement resolves alleged Clean Air Act violations at the companies' fourteen kilns at eleven Portland cement manufacturing facilities located in Alabama, California, Indiana, Iowa, Maryland, New York, Pennsylvania, and Texas.Under the proposed settlement, the Lehighs will invest in technologies to cut emissions of nitrogen oxide (NOx) and sulfur dioxide (SO2) at its Portland cement manufacturing facilities. Lehigh Cement will also implement an environmental mitigation project at two facilities and pay a $1.3 million civil penalty.EPA; DOJIN, IA, MD, NY677-2019.12.03-Multistate-Lehigh-Cement-Co.-Consent-Decree.pdfPress Release [U.S. DOJ]
6767/12/202110/17/20192019Johnson & JohnsonConsumer ProtectionMarketing and Advertising42$116,860,000 $116,860,000 N/AMedical Equipment and Supplies ManufacturingThe AGs reached this multistate settlement with Johnson & Johnson and its subsidiary Ethicon, Inc. for deceptively marketing transvaginal surgical mesh devices. The settlement was reached after a multistate investigation, launched in 2012, found that the companies failed to adequately disclose the products' possible side effects, which include the risk of chronic pain and inflammation, mesh erosion through the vagina, incontinence developing after surgery, painful sexual relations, and vaginal scarring. Injunctive relief was also provided in the settlement requiring full disclosure of the device's risks to patients and medical professionals. The multistate investigation also revealed that the companies were fully aware of possible serious medical complications but neglected to provide adequate warning to patients and their surgeons who implanted the devices.The settlement also provides injunctive relief, requiring full disclosure of the device's risks and accurate information on promotional material, in addition to the product's "information for use" package inserts. Among the specific requirements, the companies must: (1) Refrain from referring to the mesh as "FDA approved" when that is not the case; (2) Refrain from representing in promotions that risks associated with mesh can be eliminated with surgical experience or technique alone; (3) Ensure that product training provided to medical professionals covers the risks associated with the mesh; (4) Omit claims that surgical mesh stretches after implantation, that it remains soft after implantation, that foreign body reactions are transient and that foreign body reactions "may" occur (when in fact they will occur); (5) Disclose that mesh risks include: fistula formation, inflammation, as well as mesh extrusion, exposure and erosion into the vagina and other organs; (6) Disclose risks of tissue contraction, pain with intercourse, loss of sexual function, urge incontinence, de novo incontinence, infection following transvaginal implantation and vaginal scarring; (7) Disclose that risks include that revision surgeries may be necessary to treat complications, that revision surgeries may not resolve complications and that revision surgeries are also associated with a risk of adverse reactions.N/AAL, AK, AZ, AR, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, LA, MD, ME, MA, MI, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, UT, VT, VA, WITransvaginal surgical mesh devices676-2019.10.17-IA-Johnson-and-Johnson-Consent-Judgment.pdfPress Release [PA]
6757/12/202111/29/20218/22/20192019AT&T, Bandwidth, CenturyLink, Charter, Comcast, Consolidated, Frontier, Sprint, T-Mobile, US Cellular, Verizon, and WindstreamConsumer ProtectionDo-not-call/Robocalls51$0 $0 N/ATelecommunicationsIn an agreement among 51 AGs and 12 phone companies, the phone companies agreed to adopt eight principles to fight illegal robocalls. The coalition of companies includes AT&T, Bandwidth, CenturyLink, Charter, Comcast, Consolidated, Frontier, Sprint, T-Mobile, US Cellular, Verizon, and Windstream. According to the AGs, this agreement will help protect phone users from illegal robocalls and make it easier for attorneys general to investigate and prosecute bad actors. The principles address the robocall problem in two main ways: prevention and enforcement.The principles address the robocall problem in two main ways: prevention and enforcement.

Phone companies will work to prevent illegal robocalls by: (1) Implementing call-blocking technology at the network level at no cost to customers; (2) Making available to customers additional, free, easy-to-use call blocking and labeling tools; (3) Implementing technology to authenticate that calls are coming from a valid source; (4) Monitoring their networks for robocall traffic.

Phone companies will assist anti-robocall enforcement by: (1) Knowing who their customers are so bad actors can be identified and investigated; (2) Investigating and taking action against suspicious callers -- including notifying law enforcement and state attorneys general; (3) Working with law enforcement, including state attorneys general, to trace the origins of illegal robocalls; and (4) Requiring telephone companies with which they contract to cooperate in traceback identification.
N/ANC, NH, INNC, NH, IN, AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NY, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY675-2019.08.22-ATT-Anti-Robocall-Principles-Additional-Signatories.pdfPress Release [AZ]
6747/12/20218/14/20192019Hearts 2 HeroesConsumer ProtectionCharities Fraud4$296,960 $296,960 $0 Charitable Organizations & FoundationsA bipartisan group of four states entered a settlement with Hearts 2 Heroes Inc., a for-profit company doing business as Active Duty Support Services Inc., which made door-to-door sales of "care packages"¥ ostensibly to be sent to service members overseas. The states allege that the company violated state consumer protection and charitable solicitation law by misrepresenting the nature of the business and the care packages purchased, and by misusing donated funds. Under the terms of the settlement, the company has ceased operations and its owners are permanently banned from engaging in charitable solicitations or working for a charitable organization.N/AVAMD, PA, VA, WV674-2019.08.02-WV-Hearts-2-Heroes-Assurance-of-Discontinuance.pdf
6737/12/20218/9/20192019New Hope FoundationConsumer ProtectionCharities Fraud8$160,000 $160,000 Charitable Organizations & FoundationsFollowing an investigation by a bipartisan coalition of 8 AGs, the coalition filed a court order that bans the Tennessee-based New Hope Foundation from further operating in the states and requires it to dissolve, due to its misleading solicitation practices and misuse of charitable donations. The court order also requires NHF and its president, Farrah Young, to pay a total of $160,000 as part of the settlement. The AGs had alleged that NHF's solicitations deceived donors by giving them the false impression that their contributions would be used to support hospice-related services in their local area. In reality, NHF was not providing hospice services in donors' local areas, or making grants to hospice facilities in those areas. The court order also alleges that NHF's president improperly used charitable monies to pay for personal expenses unrelated to NHF's mission.N/AKY, OH, TNAR, CA, KS, KY, NY, OH, TN673-2019.08.01-Multistate-New-Hope-Foundation-Settlement-Agreement.pdf
6727/12/20217/31/20192019Cisco SystemsConsumer ProtectionConsumer Privacy and Data19$8,600,000 $6,000,000 Computer & Electronic Product ManufacturingA coalition of 19 AGs settled a lawsuit with Cisco Systems, Inc. concerning security surveillance system software. In 2009, Cisco discovered security flaws in a software product designed to control security camera systems sold to multiple states and the federal government. The AGs allege that the company failed to report or remedy these flaws until 2013, after an investigation was completed.The was the first cybersecurity related False Claims Act case settled.DOJNYNY, CA, DE, FL, HI, IL, IN, MA, MN, MT, NV, NH, NJ, NM, NC, RI, TN, VA, DC672-2019.08.01-Multistate-Cisco-Systems-Settlement-Agreement.pdf
6717/12/20217/26/20192019T-Mobile, SprintAntitrustMerger Review5$0 $0 $0 TelecommunicationsFive AGs joined the U.S. Department of Justice in reaching a settlement with T-Mobile and Sprint regarding their proposed merger. The settlement requires a substantial divestiture package in order to enable a viable facilities-based competitor to enter the market. According to the federal and state participants, the settlement will facilitate the expeditious deployment of multiple high-quality 5G networks.DOJNE, KS, OH, OK, SD671-2019.07.26-Multistate-Sprint-and-T-Mobile-Proposed-Final-Judgment.pdf
6707/12/202111/19/20217/15/20192019Endo PharmaceuticalsAntitrustMonopolization18$2,265,984 $2,265,984 N/APharmaceutical and Medicine Manufacturing18 AGs reached an agreement with Endo International plc and Endo Pharmaceuticals Inc. over allegedly anti-competitive, "pay-for-delay"¥ conduct related to Endo's sale of Lidoderm, a pain-relief drug that treats complications from shingles.The agreement is focused on injunctive relief and preventing future conduct. The injunction prohibits Endo from paying or incentivizing a generic drug maker to delay entry into the drug market or to delay researching, developing, manufacturing, marketing or selling any drug product. Endo will also pay the states a total of $2.3 million, which the states will use to enforce the injunctive terms and to stop other anti-competitive conduct in the pharmaceutical industry.N/AMS, MNAL, AR, FL, HI, ID, IN, IL, IA, MD, MN, MS, MO, OK, OH, UT, WA, WI, VA670-2019.07.15-Multistate-Endo-Pharmaceuticals-Settlement-Agreement.pdf
6697/12/20217/22/20192019EquifaxConsumer ProtectionConsumer Privacy and Data50$600,000,000 $175,000,000 $425,000,000 Credit BureausA bipartisan coalition of 50 AGs reached a $600 million settlement with Equifax regarding a massive 2017 data breach. This is the largest data breach enforcement action in U.S. history. An investigation by the AGs found that Equifax's failure to maintain a reasonable security system enabled hackers to penetrate its systems, exposing the data of 56 percent of American adults -- the largest-ever breach of consumer data.

The settlement with Equifax includes a Consumer Restitution Fund of up to $425 million, a $175 million payment to the states, and extensive injunctive relief that also includes a significant financial commitment from Equifax. Equifax has also agreed to strengthen its security practices going forward, including: (1) reorganizing its data security team; (2) minimizing its collection of sensitive data and the use of consumers' Social Security numbers; (3) performing regular security monitoring, logging and testing; (4) employing improved access control and account management tools; (5) reorganizing and segmenting its network; (6) and reorganizing its patch management team and employing new policies regarding the identification and deployment of critical security updates and patches.

FTC; CFPBAL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IA, KS, KY, LA, ME, MD, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY669-2019.07.22-CA-Equifax-Complaint.pdf669-2019.07.22-FTC-Equifax-Order-for-Permanent-Injunction.pdfEquifax Press Release [CA]
6687/12/20217/17/20192019American Electric PowerEnvironmentAir Pollution Control8$4,000,000 $4,000,000 N/A

Eight AGs, led by Massachusetts's Maura Healey, New Jersey's Gurbir Grewal, and New York's Tish James, entered into a settlement with American Electric Power. As part of the settlement, the company has agreed to significantly reduce air pollution from its coal-fired power plants, pay for new clean air projects, and retire a major coal-fired unit at the company's power plant in Rockport, Indiana. The settlement, which was negotiated together with the U.S. Environmental Protection Agency and several environmental groups, revises a previous air pollution settlement with AEP reached in 2007 and modified in 2013. According to original complaints that led to that settlement, which were filed against AEP in 1999 and 2004, AEP violated the Clean Air Act by undertaking plant modifications without obtaining required permits or installing modern pollution controls in violation of the Act's New Source Review (NSR) program.

E.P.A.MA, NJ, NYCT, MD, MA, NH, NJ, NY, RI, VT668-2019.07.17-Multistate-American-Electric-Power-Modified-Consent-Decree.pdfPress Release [MA]
6677/12/20217/11/20192019Premera Blue CrossConsumer ProtectionConsumer Privacy and Data30$10,000,000 $10,000,000 N/AA bipartisan coalition of 29 AGs, led by Washington's Bob Ferguson, entered a settlement with Premera Blue Cross, the largest health insurance company in the Pacific Northwest. The agreement requires the company to pay $10 million total over its failure to secure sensitive consumer data. According to the AGs, Premera's insufficient data security exposed the protected health information and personal information of more than 10.4 million consumers nationwide to a hacker.The settlement requires Premera to: (1) Ensure its data security program protects personal health information as required by law; (2) Regularly assess and update its security measures; (3) Provide data security reports, completed by a third-party security expert approved by the multistate coalition, to the Washington State Attorney General's Office; (4) Hire a chief information security officer, a separate position from the chief information officer. The information security officer must be experienced in data security and HIPAA compliance and will be responsible for implementing, maintaining and monitoring the company's security program; (5) Hold regular meetings between the chief information security officer and Premera's executive management. The information security officer must meet with Premera's CEO every two months and inform the CEO of any unauthorized intrusion into the Premera network within 48 hours of discovery.N/AWAWA, AL, AK, AZ, AR, CA, CT, FL, HI, ID, IN, IA, KS, KY, LA, MA, MN, MS, MT, NE, NV, NJ, NC, ND, OH, OK, OR, RI, UT, VT667-2019.05.30-WA-Premara-Blue-Cross-Consent-Decree.pdfPress Release [WA]
6667/12/20217/2/20192019LexisNexis Risk SolutionsConsumer ProtectionConsumer Fraud5$5,800,000 Five AGs and the City Solicitor of Baltimore agreed to a $5.8 million settlement with LexisNexis Risk Solutions and several of its affiliates over claims that the company knowingly failed to pay contractually agreed fees for the resale of vehicle accident reports it obtained from law enforcement agencies in several states. The settlement stems from a whistleblower action originally filed in 2018 in the U.S. District Court for the Southern District of Florida under the participating states' respective false claims statutes. The whistleblower was a former employee of LexisNexis.Under the settlement, LexisNexis will pay the withheld fees and discontinue its resale practice.N/ANY, IL, MA, NJ, TNPress Release [NY]
6657/12/20216/14/20192019Student CU Connect CUSO LLCConsumer ProtectionConsumer Protection Lending Practices45$168,200,000 $168,200,000 $168,200,000 A group of 44 AGs settled with loan company Student CU Connect CUSO. CUSO had provided loans to finance students' tuition at ITT, which closed in April of 2016. ITT filed for bankruptcy later that year amid investigations by state AGs and following action by the U.S. Department of Education to restrict ITT's access to federal student aid. The affected former students are those who still have outstanding debt from loans with CUSO.The affected students will receive formal notice from CUSO's loan servicer that their debt will be immediately vacated and any automatic payments will be cancelled. CUSO will notify credit reporting agencies of this action for updating their records. CUSO, which was organized for the sole purpose of providing the ITT loans, will also cease doing business.CFPBKYAL, AZ, AR, CO, CT, DE, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NV, NH, NJ, NM, NY, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, DC665-2019.06.14-Multistate-Student-CU-Connect-Assurance-of-Voluntary-Compliance.pdfPress Release [CA]
6647/12/202111/21/20182018Help the Vets, Inc.Consumer ProtectionCharities Fraud6$1,800,000 N/ACharitable Organizations & Foundations

During a four-year period, according to the AGs, Help the Vets used multiple fictitious names and solicited $20 million in donations nationwide by misleading donors about its cause. The sham charity claimed to help veterans receive grants, medical assistance, suicide prevention assistance, and family retreats when, in fact, little to none of the funds raised went toward this assistance.

On July 18, 2018, Attorney General Becerra, along with the Federal Trade Commission and five other state Attorneys General, filed a complaint and settlement in federal court against Help the Vets. On November 21, 2018, the court approved the settlement and Help the Vets and Mr. Paulson were ordered to pay over $1.8 million dollars. Further, to ensure the money is used for the purposes Help the Vets claimed, the Attorneys General and other states received court approval to distribute $911,906.37 each to two veteran charities, the Injured Marine Semper Fi Fund and Hope for the Warriors.

FTCCAFL, CA, MN, MD, OH, OR664-2018.11.21-Multistate-Help-the-Vets-Inc.-Stipulated-Final-Judgment.pdfPress Release [CA]
6637/12/20215/23/20192019Medical Infomatics EngineeringConsumer ProtectionConsumer Privacy and Data16$900,000 $900,000 N/A16 AGs announced a settlement in the first-ever multistate lawsuit filed in a federal court involving a Health Insurance Portability and Accountability Act data breach. The agreement comes following a lawsuit filed in December 2018 in federal court in Indiana against Medical Informatics Engineering, Inc., a web-based electronic health records company Under the terms of the consent judgment, MIE agreed to implement and maintain: (1) An information security program and a Security Incident and Event Monitoring solution to detect and respond to malicious attacks; (2) Data loss prevention technology to detect and prevent unauthorized data exfiltration; (3) Password policies and procedures requiring the use of strong, complex passwords; (4) Multi-factor authentication procedures when remotely accessing its systems that store or permit access to ePHI; and (5) Controls on the creation of accounts with access to ePHI. As part of the agreement, MIE will also pay nearly one million dollars to the states that filed the federal lawsuit.INFL, NC, AZ, AR, WI, KS, KY, LA, MI, NE, MN, WV, IA, IN, TN, CT663-2019.05.23-Multistate-Medical-Informatics-Engineering-Consent-Judgment.pdfPress Release [MN]
6627/12/20215/13/20192019ArcelorMittalEnvironmentAir Pollution Control2DOJ; EPA662-2019.05.13-Multistate-ArcelorMittal-Consent-Decree.pdf
6617/12/20213/12/20192019Arby's, Dunkin', Five Guys, Little CaesarsConsumer ProtectionLabor Practices11$0 $0 N/AFood & Beverage StoresThe settlement prohibits the franchise corporation from continuing to employ "no-poach" policies. According to the AGs, many of these anticompetitive no-poach provisions required franchise operators to contractually agree to not hire or solicit the employees of another franchise operator. As a consequence, employees, many of whom are low-wage workers, may be unable to seek better pay and benefits by going to work for a competing franchise. Workers are often unaware of these provisions in the contracts.As a result of a related set of four settlements, Arby's, Dunkin', Five Guys, and Little Caesars will no longer include no-poach provisions in any of their franchise agreements in the United States.MAMA, CA, IL, IA, MD, MN, NJ, NY, NC, OR, PA661-2019.03.12-Multistate-No-Poach-Contract-Settlements-with-Franchises.pdfPress Release [NY]
6607/12/20216/28/20192019LPL FinancialConsumer ProtectionConsumer Protection Other$25,948,000 The multistate investigation focused on LPL's retention, use, and subsequent cancellation of certain third-party services integral to LPL's compliance with state securities registration requirements. State securities regulators also looked into certain other legacy deficiencies within LPL's compliance structure related to LPL's controls, monitoring and reporting tools, and escalation protocols regarding the firm's response to significant compliance issues.Under the terms of the settlement, LPL will offer to repurchase from Maryland investors securities held in LPL accounts determined to have been unregistered, non-exempt equity or fixed-income securities sold since October 1, 2006. Each repurchase offer will include 3 percent simple interest per year. Other requirements were agreed upon for investors holding affected securities sold or transferred from an LPL account.N/A660-2019.06.26-NY-LPL-Financial-Assurance-of-Discontinuance.pdfPress Release [NY]
6597/12/20211/21/20192019Johnson & JohnsonConsumer ProtectionDefective or Unsafe Products46$120,000,000 $120,000,000 N/AMedical Equipment and Supplies ManufacturingThe settlement resolves allegations that the company violated state consumer protection laws by misrepresenting the effectiveness and safety of its hip implant devices. The multistate settlement alleges that Johnson & Johnson conducted unfair and deceptive marketing practices by making misleading claims on the longevity -- also known as survivorship -- of its metal-on-metal hip implant devices. Johnson & Johnson has also agreed to injunctive terms to reform how it markets and promotes its hip implant products.As part of the settlement, Johnson & Johnson will pay $120 million in penalties, and comply with a set of injunctive terms. Under the consent judgement, the Johnson & Johnson subsidiary companies that market these devices will: (1) Base claims of survivorship, stability or dislocations on scientific information and the most recent dataset available from a registry for any DePuy hip implant device; (2) Maintain a post-market surveillance program and complaint handling program; (3) Update and maintain internal product complaint handling operating procedures, including training of complaint reviewers; (4) Update and maintain processes and procedures to track and analyze product complaints that do not meet the definition of Medical Device Reportable Events; (5) Maintain a quality assurance program that includes an audit procedure for tracking complaints regarding DePuy Products that do not rise to the level of a Medical Device Reportable Event but that may indicate a device-related serious injury or malfunction; and (6) Perform quarterly reviews of complaints, and if a subgroup of patients is identified that has a higher incidence of adverse events than the full patient population, determine the cause and alter promotional practices as appropriate.N/ATX, SCTX, SC, FL, IN, NC, OH, PA, WA, AL, AK, AZ, AR, CA, CO, CT, DE, DC, GA, HI, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MO, MT, NE, NV, NH, NM, NY, ND, OK, PA, RI, SD, TN, UT, VT, VA, WI659-2019.01.22-CA-Johnson-and-Johnson-Complaint.pdf659-2019.01.21-PA-Johnson-and-Johnson-Consent-Decree.pdfPress Release [CA]
6587/12/20211/10/20192019BoschConsumer ProtectionConsumer Fraud53$131,200,000 The settlement resolves allegations, related to those involved in the Fiat settlement, that Bosch: (1) Supplied the illegal so-called "defeat device" software used in more than 600,000 Volkswagen and Fiat Chrysler vehicles over the span of a decade; (2) Assisted Volkswagen and Fiat Chrysler with installation and use of the devices despite knowledge and concern of the risks; and (3) Concealed misconduct from regulators and the public.The agreement also includes precedent-setting injunctive terms and requires Bosch to maintain robust processes to monitor compliance and to refuse to accommodate requests for software development and programming that could result in the installation of defeat device software. Bosch will also make a separate $5 million payment to the National Association of Attorneys General (NAAG) for training and future enforcement purposes.N/ANYall but CA, WV, TX658-2019.01.10-NY-Bosch-Complaint.pdf658-2019.01.10-NY-Bosch-Civil-Consent-Order-and-Judgment.pdfPress Release [NY]
6577/12/20211/10/20192019Fiat-ChryslerConsumer ProtectionConsumer Fraud52$72,500,000 Motor Vehicle ManufacturingThe settlement resolves allegations that Fiat Chrysler: (1) Installed unlawful software in more than 97,000 vehicles sold nationwide; (2) Cheated on federal and state emissions tests to conceal true emissions levels; and (3) Misled consumers about vehicles being environmentally friendly, and lied about its ecological footprint and compliance with state laws.As a result of the settlement, Fiat Chrysler is required to fix falsely marketed diesel vehicles, provide restitution to its impacted costumers, pay $72.5 million in civil payments throughout the country, and report on any possible environmental concerns that can be directly attributed to the company's business practices.657-2019.01.10-NY-Fiat-Chrysler-Complaint.pdf657-2019.01.10-NY-Fiat-Chrysler-Civil-Consent-Order-and-Judgment.pdfPress Releases [NY]
6567/12/20211/8/20192019Nieman MarcusConsumer ProtectionConsumer Privacy and Data43$1,500,000 $1,500,000 N/ARetail TradeThe settlement resolves allegations that over a three-month period in 2013, approximately 370,000 Neiman Marcus credit cards were unlawfully accessed by an unknown third party, and at least 9,200 of them were used fraudulently.In addition to the monetary settlement, Neiman Marcus has agreed to a number of injunctive provisions aimed at preventing similar breaches in the future, including: (1) Complying with Payment Card Industry Data Security Standard (PCI DSS) requirements. (2) Maintaining an appropriate system to collect and monitor its network activity, and ensuring logs are regularly reviewed and monitored. (3) Maintaining working agreements with two separate qualified Payment Card Industry forensic investigators. (4) Updating all software associated with maintaining and safeguarding personal information, and creating written plans for replacement or maintenance of software that is reaching its end-of-life or end-of-support date. (5) Implementing appropriate steps to review industry-accepted payment security technologies relevant to the company's business. (6) Devaluing payment card information, using technologies like encryption and tokenization, to obfuscate payment card data. Under the settlement, Neiman Marcus is also required to retain a third-party professional to conduct an information security assessment and report, and to detail any corrective actions that the company may have taken or plans to take as a result of the third-party report.N/AIL, CTAK, AZ, AR, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, UT, VT, VA, WA, DC656-2019.01.08-Multistate-Neiman-Marcus-Assurance-of-Voluntary-Compliance.pdfPress Release [IL]
6557/12/20211/3/20192019Career Education CorporationConsumer ProtectionFor-Profit Education Fraud49$498,700,000 A group of attorneys general launched an investigation into CEC in January 2014 after receiving several complaints from students and a critical report on for-profit education by the U.S. Senate's Health, Education, Labor and Pensions Committee. That investigation revealed evidence demonstrating that: (1) CEC used emotionally charged language to pressure them into enrolling in CEC's schools; (2) CEC deceived students about the total costs of enrollment by instructing its admissions representatives to inform prospective students only about the cost per credit hour without disclosing the total number of required credit hours; (3) CEC misled students about the transferability of credits into CEC from other institutions and out of CEC to other institutions by promising on some occasions that credits would transfer; (4) CEC misrepresented the potential for students to obtain employment in the field by failing to adequately disclose the fact that certain programs lacked the necessary programmatic accreditation; and, (5) CEC deceived prospective students about the rate that graduates of CEC programs got a job in their field of study, thereby giving prospective students a distorted and inaccurate impression of CEC graduates' employment outcomes. For instance, CEC inaccurately claimed that its graduates were "placed" who worked only temporarily or who were working in unrelated jobs.Robert McKenna, former Washington state attorney general and current partner at the San Francisco-based law firm of Orrick, Herrington & Sutcliffe, will independently monitor the company's settlement compliance for three years and issue annual reports. Additionally, CEC must: (1) Make no misrepresentations concerning accreditation, selectivity, graduation rates, placement rates, transferability of credit, financial aid, veterans' benefits, or licensure requirements. (2) Not enroll students in programs that do not lead to state licensure when required for employment, or that due to their lack of accreditation, will not prepare graduates for jobs in their field. (3) For certain programs that will prepare graduates for some but not all jobs, CEC will be required to disclose such to incoming students. (4) Provide a single-page disclosure to each student that includes: a) anticipated total direct cost; b) median debt for completers; c) programmatic cohort default rate; d) program completion rate; c) notice concerning transferability of credits; d) median earnings for completers; and e) the job placement rate. (5) Require students before enrolling to complete an Electronic Financial Impact Platform Disclosure, which provides specific information about debt burden and expected post-graduation income. CEC is working with the states to develop this platform. (6) Not engage in deceptive or abusive recruiting practices and record online chats and telephone calls with prospective students. CEC shall analyze these recordings to ensure compliance. CEC shall not contact students who indicate that they no longer wish to be contacted. (7) Require incoming undergraduate students with fewer than 24 credits to complete an orientation program before their first class that covers study skills, organization, literacy, financial skills, and computer competency. During the orientation period, students may withdraw at no cost. (8) Establish a risk-free trial period. All undergraduates who enter an online CEC program with fewer than 24 online credits shall be permitted to withdraw within 21 days of the beginning of the term without incurring any cost. All undergraduates who enter an on-ground CEC program shall be permitted to withdraw within seven days of the first day of class without incurring any cost.N/AIA, CT, IL, KY, MD, OR, PA655-2019.01.03-Multistate-Career-Education-Corporation-Assurance-of-Voluntary-Compliance.pdfPress Release [IL]
6547/12/202112/28/20182018Wells FargoConsumer ProtectionUnauthorized Fees or Service Cancellation Issues51$575,000,000 $575,000,000 Finance & InsuranceTo resolve claims that the bank violated state consumer protection laws by: (1) opening millions of unauthorized accounts and enrolling customers into online banking services without their knowledge or consent, (2) improperly referring customers for enrollment in third-party renters and life insurance policies, (3) improperly force-placing and charging more than 850,000 auto finance customers for unnecessary and duplicative insurance policies, (4) failing to ensure that customers received refunds of unearned premiums on certain optional auto finance products, and (5) incorrectly charging customers for mortgage rate lock extension fees.To date, this settlement represents the most significant engagement involving a national bank by state attorneys general acting without a federal law enforcement partner. It sends a message that state attorneys general are on the lookout for harmful conduct by providers of consumer financial services, regardless of whether the provider is a national bank, a state-chartered bank, or a nonbank. As part of its settlement with the states, Wells Fargo has agreed to implement within 60 days a program through which consumers who believe they were affected by the bank's conduct, but fell outside the prior restitution programs, can contact Wells Fargo to be reviewed for potential redress. Wells Fargo will create and maintain a website for consumers to use to access the program and will provide periodic reports to the states about ongoing restitution efforts.N/AAZ, CT, IA, PAAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC654-2018.12.28-Multistate-Wells-Fargo-Settlement-Agreement.pdfPress Release [PA]
6537/12/202112/21/20182018UBS Financial ServicesConsumer ProtectionConsumer Protection Lending Practices40$68,000,000 Finance & InsuranceThe coalition of Attorneys General allege that UBS misrepresented the integrity of the LIBOR benchmark by concealing, misrepresenting, and failing to disclose that UBS at times made USD LIBOR submissions to avoid negative publicity and protect the reputation of the bank, and that UBS made LIBOR submissions to benefit its own derivative trading positions.NYAL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, ID, IL, IN, IA, LA, ME, MD, MA, MN, MO, MT, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, VA, WA, WV, WI653-2018.12.21-Multistate-UBS-Settlement-Agreement.pdfPress Release [NY]
6527/12/202112/4/20182018Midland Credit ManagementConsumer ProtectionDebt Collection Practices43$6,000,000 $6,000,000 $25,000 (by state, upon application by AG)Finance & InsuranceThe agreement settles claims that Midland signed and filed affidavits in state courts in large volumes without verifying the information printed in them, a practice commonly called robo-signing.As part of the settlement, Midland is required to: Reform its affidavit signing and litigation practices, provide consumers with accurate information about valid debts, and maintain proper oversight and training of its employees and the law firms that it uses. The agreement further prohibits Midland from reselling debt for two years.AK, AL, AZ, AR, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KY, LA, ME, MI, MS, MO, MT, NE, NV, NH, NJ, NM, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, UT, VT, VA, WA, WI, WY652-2018.12.04-Multistate-Midland-Credit-Management-Assurance-of-Voluntary-Compliance.pdfPress Release [VA]
6517/12/202111/19/202111/20/20182018Walmart, Target, Best BuyConsumer ProtectionConsumer Protection Other2$0 $0 $0 Retail TradeFollowing more than a year of collaboration between the Pennsylvania Attorney General's Bureau of Consumer Protection and the New York Attorney General's Bureau of Consumer Frauds & Protection, three national retailers agreed to make major changes to their gift card policies, which are intended to prevent gift cards sold in their stores from being used for payment by victims of scams. After receiving numerous complaints about various types of gift card scams, the AG offices contacted Walmart, Target and Best Buy to share victims' stories and engage in collaborative discussions about changes that retailers could make to better protect consumers. The retailers have made the following changes: Retailers have significantly reduced both the monetary limit that can be placed on an individual gift card and the total amount that can be loaded onto gift cards during the same transaction; Retailers placed new restrictions on the redemption of their retail gift cards for third party cards such as iTunes, Steam, or Google Play. Scammers often use the proceeds of fraud to purchase these third party cards because they can be resold on the black market; Retailers have committed to enhancing employee training to help their employees identify the warning signs of gift card scams and warn potential victims when appropriate.NY, PANY, PA
6507/12/202111/1/20182018MPLX LPEnvironmentAir Pollution Control3$925,000 According to the AGs, MPLX failed to comply with multiple volatile organic compound (VOC) emission control requirements under several New Source Performance Standards (NSPS) applicable to natural gas processing plants, including failure to comply with Leak Detection and Repair (LDAR) requirements, failure to control VOC emissions from pressure relief devices, and failure to comply with enclosed combustor testing and monitoring requirements. MPLX also failed to comply with the NSPS for synthetic organic chemical manufacturing distillation units and NSPS regulations applicable to MPLX's hot oil process heaters .MPLX agreed to several elements of injunctive relief for 20 natural gas processing plants.DOJ; EPAOK, WV, PA650-2018.11.01-Multistate-MPLX-LP-Consent-Decree.pdf
6497/12/202111/19/202110/10/20182018AetnaAntitrustMerger Review5This settlement resolves states's yearlong investigation into the $69 billion merger of CVS, a nationwide drugstore chain, and Aetna, one of the nation's largest health insurance carriers. According to the states, without requiring Aetna to sell off part of its business in order for the merger to go through, the consolidation would have limited access to affordable prescription drug benefits.The settlement requires Aetna to sell the Medicare Part D plans of 1.5 million people to their competitor, WellCare Health Plans, to ensure competition in the prescription drug benefit market for Medicare beneficiaries. In addition, Aetna is prohibited from selling any new Medicare Part D plans in 2020.CA, HI, MS, FL, WA649-2018.10.10-DC-Aetna-Assurance-of-Voluntary-Compliance.pdf
6487/12/202111/19/20219/26/20182018UberConsumer ProtectionConsumer Privacy and Data51$148,000,000 $148,000,000 Uber learned in November 2016 that hackers had repeatedly accessed personal information that Uber maintains about its 600,000 drivers. Uber tracked down the hackers and obtained assurances that the hackers deleted the information. However, Uber failed to report this breach for over a year.The settlement between the AGs and Uber requires the company to: Comply with data breach laws regarding protecting residents' personal information and notifying them in the event of a data breach concerning their personal information; Take precautions to protect any user data Uber stores on third-party platforms outside of Uber; Use strong password policies for its employees to gain access to the Uber network; Develop and implement a strong overall data security policy for all data that Uber collects about its users, including assessing potential risks to the security of the data and implementing any additional security measures beyond what Uber is doing to protect the data; Hire an outside qualified party to assess Uber's data security efforts on a regular basis and draft a report with any recommended security improvements. Uber will implement any such security improvement recommendations; and Develop and implement a corporate integrity program to ensure that Uber employees can bring any ethics concerns they have about any other Uber employees to the company, and that it will be heard.N/AMAAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC648-2018.09.26-DC-Uber-Final-Judgment-and-Consent-Decree.pdfPress Release [PA]
6477/12/20219/18/20182018WeWork CompaniesConsumer ProtectionLabor Practices2$0 N/ANY, ILNY, IL647-2018.09.18-NY-WeWork-Assurance-of-Discontinuance.pdfPress Release [IL]
6467/12/20218/6/20182018Anchor Glass ContainerEnvironmentAir Pollution Control2$1,100,000 $550,000 The settlement resolves claims that Anchor failed to obtain pre-construction permits and install and operate the appropriate nitrogen oxide (NOX), sulfur dioxide (SO2) and particulate matter (PM) control technology for major modifications at one or more of its glass manufacturing plants, resulting in significant emissions increases. The changes violated requirements contained in Section 165(a) of the Clean Air Act, regulations set forth in 40 C.F.R. § 52.21 and corresponding state regulations in state implementation plans (SIPs).Under this settlement, Anchor will convert six of its furnaces to oxyfuel furnaces, in addition to the two furnaces it has already converted to oxyfuel, and will meet NOx emission limits at these eight furnaces that are consistent with or better than the current best available control technology (BACT) at each kiln. For the company's three remaining furnaces, Anchor will install oxygen enriched air staging (OEAS) and meet tightened emissions limits. Other changes are also required.E.P.A.; DOJIN, OK646-2018.08.06-Multistate-Anchor-Glass-Consent-Decree.pdfPress Release [U.S. DOJ]
6457/12/202111/19/20217/18/20182018Operation Troop AidConsumer ProtectionCharities Fraud16$10,000 $10,000 Charitable Organizations & FoundationsThe settlement resolves the states' findings that Operation Troop Aid Inc. ("Operation Troop Aid"), a Tennessee-based charity whose stated mission is to send care packages to deployed servicemembers participated in an unlawful commercial co-venture with nationwide retailer, Harris Originals of NY, Inc. ("Harris Jewelry") and its related stores.As part of the settlement, Operation Troop Aid will cease operating and wind down its operation; Operation Troop Aid's chief executive Mark Woods is also barred from serving as a fiduciary or soliciting for any nonprofit. The agreement will also assess civil penalties and requires Operation Troop Aid to continue providing assistance, as needed, in the States' continued investigation.NY, TNNY, TN, NV, NC, WA, CA, DE, GA, HI, ID, IL, KS, LA, MD, PA, VA645-2018.07.18-TN-Operation-Troop-Aid-Final-Agreement.pdfPress Release [NY]
6447/12/20216/13/20182018CitibankConsumer ProtectionConsumer Protection Lending Practices42$100,000,000 $100,000,000 $95,000,000 Finance & InsuranceThe Attorneys General alleged that Citibank misrepresented the integrity of the LIBOR benchmark to state and local governmental, not-for-profit, private, and institutional trading counterparties by concealing, misrepresenting, and failing to disclose that: (a) Citibank, at times, made USD LIBOR submissions to avoid negative publicity and protect the reputation of the bank; (b) Citibank's USD LIBOR submitters, on occasion, asked Citibank personnel in other units of the bank to avoid offering higher rates than Citibank's USD LIBOR submissions; and (c) Citibank expressed belief that other banks, at times, made USD LIBOR submissions that were inconsistent with their borrowing rates and contributed to inaccurate LIBORs.NYAL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, UT, VA, WA, WV, WI644-2018.06.13-Citibank-Settlement-Agreement.pdfPress Release [NY]
6437/12/202111/19/20214/6/20182018Backpage.comConsumer ProtectionInternet Safety and Related Issues2$0 CA, TXCA, TXPress Release [CA]
6417/12/20212/22/20182018TakataConsumer ProtectionDefective or Unsafe Products45$650,000,000 $650,000,000 The settlement resolved allegations that the company concealed safety issues related to its airbag systems which were installed in a wide variety of vehicles.Under the consent decree and settlement agreement, which is subject to approval by the United States Bankruptcy Court for the District of Delaware, TK Holdings, Inc. and its successor, Reorganized TK Holdings, shall: Not advertise or otherwise represent the safety of its airbag systems or phase-stabilized ammonium nitrate in any way that is false, deceptive, or misleading; Not represent that its airbags are safe unless supported by competent and reliable scientific or engineering evidence; Not falsify or manipulate testing data, or provide any testing data that the companies know is inaccurate; Except as needed to fulfill its obligations under the various recalls, sell any airbag systems using PSAN as a propellant; Comply with state and federal law as well as the NHTSA Consent Order and Coordinated Remedy Order; and Continue to cooperate with auto manufacturers to ensure that replacement airbag inflators are made available as expeditiously as possible from all possible sources.N/ASCSC, AR, AZ, CT, DC, FL, GA, IL, NJ, OH, SD, TN, TX, AL, AK, CA, DE, ID, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NY, NC, ND, OK, OR, PA, RI, UT, VA, WA, WI641-2018.02.14-Multistate-Takata-Settlement-Agreement.pdfPress Release [VA]
6407/12/20212/1/20182018Teikoku Seiyaku Co.AntitrustPrice-Fixing23$0 The AGs accused Teikoku of illegal conduct due to in participation in an agreement to protect a monopoly on Lidoderm. Lidoderm is the brand-name for lidocaine patches, a transdermal patch widely prescribed for relief of pain associated with post-herpetic neuralgia, a common complication of shingles.The 20-year injunction prohibits Teikoku from paying or incentivizing a generic drug maker to delay entry into the drug market or from researching, developing, manufacturing, marketing, or selling any drug product.CACA, AL, AR, DE, DC, FL, HI, ID, IL, IN, IA, KY, LA, MD, MN, MS, ND, OK, OH, RI, WA, WI, VA640-2018.01.31-Multistate-Teikoko-Seiyaku-Co.-Complaint.pdf640-2018.01.31-Multistate-Teikoko-Seiyaku-Co.-Settlement-Agreement.pdf
6397/12/20211/3/20182018PHH Mortgage CorporationConsumer ProtectionConsumer Protection Lending Practices49$45,279,725 $45,279,725 $31,456,210 Finance & InsuranceThe settlement resolves allegations that PHH, the nation's ninth largest non-bank residential mortgage servicer, improperly serviced mortgage loans from January 1, 2009 through December 31, 2012.The agreement requires PHH to adhere to comprehensive mortgage servicing standards, conduct audits, and provide audit results to a committee of states.AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, LA, ME, MD, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, RI, SC, SD, TN, TX, UT, VT, WA, WV, WI, WY, KY, MA, PA, VA, DC639-2018.01.03-Multistate-PHH-Corp.-Consent-Judgment.pdfPress Release [TX]
6387/12/202112/20/20172017Boehringer Ingelheim PharmaceuticalsConsumer ProtectionMarketing and Advertising51$13,500,000 Resolving alleged deceptive and misleading marketing regarding drug usage beyond what is indicated on the labeling of four of its prescription drugs: Micardis®, Aggrenox®, Atrovent®, and Combivent®.The settlement requires BIPI to ensure that its marketing and advertising practices do not unlawfully promote these prescription drug products. Specifically, BIPI will: Limit product sampling of the four drugs to health care providers whose clinical practice is consistent with treatments indicated on the product labeling; Refrain from offering health care providers financial incentives for sales that may indicate unapproved use of any of the four drugs; Ensure clinically relevant information is provided in an unbiased manner that is distinct from promotional materials; and Refer requests for unapproved usage information regarding any of the four drugs to BIPI's Medical Division.638-2017.12.20-IA-Boehringer-Ingelheim-Pharmaceuticals-Consent-Judgment.pdfPress Release [IA]
6377/12/202112/13/20172017MedtronicConsumer ProtectionMarketing and Advertising5$12,000,000 $12,000,000 Medical Equipment and Supplies ManufacturingThe settlement with Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc. (Medtronic) resolves allegations that the company misled consumers about the safety of its Infuse Bone Graft Device.The settlement also requires Medtronic to ensure its marketing and promotional practices do not unlawfully promote Infuse.IL, CA, MA, OR, WA637-2017.12.13-OR-Medtronic-Stipulated-Judgment.pdfPress Release [IL]
6367/12/202111/6/20172017VietNow National HeadquartersConsumer ProtectionCharities Fraud24$30,000 $30,000 Charitable Organizations & FoundationsThe AGs alleged that VietNow used deceptive telemarketing solicitations falsely claiming that the charity was funding veterans services, medical facilities, and treatment in donors' states.The settlement also obtains injunctive relief against VietNow's directors and officers and requires their cooperation in investigations of VietNow's professional fundraisers. Upon dissolution, VietNow's remaining funds will be paid to two national and well-respected veterans charities, Fisher House Foundation and Operation Homefront.MI, IL, CA, OHMI, IL, CA, OH, NY, CT, HI, IA, KS, KY, ME, MD, MN, MO, NV, NH, NM, ND, OK, OR, SC, TN, VA, WI636-2017.11.06-Multistate-VietNow-National-Headquarters-Release-and-Settlement-Agreement.pdfPress Release [NY]
6357/12/202111/19/202110/31/20172017Hilton HotelsConsumer ProtectionConsumer Privacy and Data2$700,000 $700,000 The AGs had investigated the company for allegedly violating the states' security breach notice and consumer protection laws by failing to maintain reasonable data security measures and allowing state-specified time periods to lapse before notifying the AGs and consumers following data breach incidents.NY, VTNY, VT635-2017.10.31-VT-Hilton-Hotels-Assurance-of-Discontinuance.pdfPress Release [NY]
6347/12/202110/25/20172017Deutsche BankConsumer ProtectionConsumer Protection Lending Practices45$220,000,000 $213,350,000 Finance & Insuranceeutsche Bank colluded with other banks to skew borrowing rates in its favor, illegally profiting on contracts with municipalities linked to LIBOR. This unlawful strategy resulted in a sharp increase in profits for Deutsche Bank at the expense of government entities and non-profit organizations in California and throughout the country.CA, NYCA, NY, AL, AK, AZ, AR, CO, CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, LA, ME, MD, MA, MI, MN, MO, MT, NE, NV, NH, NJ, NM, NC, ND, OH, OK, OR, PA, RI, SC, TN, UT, VA, WA, WV, WI, WY634-2017.10.25-Multistate-Deutsche-Bank-Settlement-Agreement.pdfPress Release [NY]
6337/12/202111/19/202110/19/20172017General MotorsConsumer ProtectionDefective or Unsafe Products50$120,000,000 Motor Vehicle ManufacturingThe settlement, reached between the attorneys general of 49 states, the District of Columbia, and GM, concludes a multistate investigation into the auto manufacturers failure to timely disclose known safety defects associated with unintended key-rotation-related and/or ignition-switch-related issues in several models and model years of GM vehicles.Under a consent judgment, GM shall: Not represent that a motor vehicle is safe unless they have complied with the Federal Motor Vehicle Safety standards applicable to the motor vehicle at issue. Not represent that certified pre-owned vehicles that GM advertises are safe, have been repaired for safety issues, or have been subject to rigorous inspection, unless such vehicles are not subject to any open recalls relating to safety or have been repaired pursuant to such a recall. Instruct its dealers that all applicable recall repairs must be completed before any GM motor vehicle sold in the U.S. and included in a recall is eligible for certification and, if there is a recall on any certified pre-owned vehicle sold in the U.S., the required repair must be completed before the vehicle is delivered to a customer.633-2017.10.19-TX-General-Motors-Consent-Judgment.pdfPress Release [CA]
6327/12/202111/28/20219/29/20172017Ocwen Financial Corp.Consumer ProtectionConsumer Protection Lending Practices10Finance & InsuranceRegulators accused the company of harming borrowers by filing illegal foreclosures, mishandling loan modifications, misapplying mortgage payments, failing to pay insurance premiums from escrow and collecting excessive fees.The settlement bars Ocwen from acquiring mortgage servicing rights until April 30, 2018, according to an 8-K filing Thursday with the Securities and Exchange Commission. The company agreed to find a new servicing platform and will not add any new loans to the RealServicing system it currently uses.GA, ID, IL, ME, MI, MS, MT, RI, SC, WI, VA, WV, NM632-2017.09.28-GA-Ocwen-Financial-Consent-Order.pdf
6317/12/20219/5/20172017LenovoConsumer ProtectionConsumer Privacy and Data32$3,500,000 $3,500,000 In August 2014, North Carolina-based Lenovo began selling certain laptop computers that contained pre-installed ad software called VisualDiscovery, which was created by the company Superfish, Inc. VisualDiscovery purportedly operated as a shopping assistant by delivering pop-up ads to consumers of similar looking products sold by Superfish retail partners whenever a customer's mouse hovered over the image of a product on a shopping Web site. Unless consumers affirmatively opted out, VisualDiscovery would be enabled on their computers. The states alleged that VisualDiscovery was faulty in that it risked exposing consumers' personal information to hackers.In addition to the monetary payment, the settlement requires Lenovo to change its consumer disclosures about pre-installed advertising software, to require a consumer's affirmative consent to using the software on their device and to provide a reasonable and effective means for consumers to opt-out, disable or remove the software. Lenovo is also required to implement and maintain a software security compliance program and must obtain initial and biennial assessments for the next 20 years from a qualified, independent, third-party professional that certifies the effectiveness and compliance with the security compliance program.FTCCT, CA, IL, PAAZ, AR, CA, CO, CT, FL, HI, ID, IL, IN, IA, KS, LA, ME, MN, MO, NE, NH, NJ, NY, NC, ND, NV, OR, PA, RI, SC, SD, TN, TX, VT, WA631-2017.09.05-FTC-Lenovo-Inc.-Consent-Order.pdfPress Release [CA]
6307/12/20218/17/20172017Aequitas CapitalConsumer ProtectionConsumer Fraud13$192,000,000 Finance & InsuranceAccording to the investigation, Corinthian students were never told the portion of their tuition funded by the Aequitas-financed loans was a sham to gain access to federal funds and that the loans had historically high default rates. In addition, Corinthian Colleges induced students to enroll with systemic misrepresentations of job placement rates and career support services for students.The settlement will cancel all outstanding balances for former students who have both fallen into default and whose campuses were closed as a result of the Corinthian bankruptcy while they were students there. All others will receive a write-down of 55% on outstanding loan principal. As part of the settlement, all former students will have any negative reporting associated with the loans' repayment erased from their credit reports.CFPBCT, IA, KY, NY, OR, PA, TX, WA, CA, CO, FL, MD, IL630-2017.08.17-CFPB-Aequitas-Capital-Stipulated-Final-Judgment-and-Order.pdfPress Release [NY]
6297/12/20218/9/20172017Nationwide Mutual Insurance Co.Consumer ProtectionConsumer Privacy and Data33$5,500,000 $5,500,000 N/AFinance & InsuranceThe settlement concerned an October 2012 data breach. The data breach, which was alleged to have been caused by the failure to apply a critical security patch, resulted in the loss of personal information of 1.27 million consumers. The breached information included social security numbers, driver's license numbers, credit scoring information and other personal data.The settlement requires Nationwide to take the following steps to update its security practices and ensure timely application of patches and other security software updates: Hire a technology officer responsible for monitoring and managing software and application security updates; Update its procedures and policies relating to the maintenance and storage consumers' personal data; Conduct regular inventories of the patches and updates applied to its systems used to maintain consumers' personal information; Maintain and utilize system tools to monitor the health and security of these systems; Perform internal assessments of patch management practices and hire an outside, independent provider to perform an annual audit of practices regarding the collection and maintenance of personal information; and Disclose to consumers that Nationwide will retain personal information even if a consumer does not purchase insurance after receiving a quote.N/ACT, DC, FL, MDNY, AK, AZ, AR, CT, FL, HI, IL, IN, IA, KY, LA, ME, MD, MA, MS, MO, MT, NE, NV, NJ, NM, NC, ND, OR, PA, RI, SD, TN, TX, VT, WA, DC629-2017.08.09-Multistate-Nationwide-Mutual-Insurance-Assurance-of-Voluntary-Compliance.pdfPress Release [NY]
6287/12/20217/13/20172017DraftKingsAntitrustMerger Review2$0 $0 States and the FTC sued to block the merger of the two largest daily fantasy sports sites, alleging that the combined firm would control more than 90 percent of the US market for paid daily fantasy sports contests. Plaintiff states and the FTC allege that the defendants compete with each other on price and quality.Daily fantasy sports companies DraftKings and FanDuel have canceled their plans to merge.FTCCA, DCCA, DC
6277/12/20215/24/20172017Jason MalekAntitrustPrice-Fixing; Monopolization41$50,000 $50,000 Two former executives of a New Jersey-based generic pharmaceutical manufacturer have entered into settlement and cooperation agreements with states that are investigating what they allege is widespread anticompetitive activity in the generic drug industry that has led to higher prices for consumers and state governments.The defendants have agreed to cooperate in the states' ongoing litigation and investigation, including by providing information, documents, testimony, depositions and other evidence to support the investigation.N/ACTCT, AL, AZ, DE, FL, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MT, NE, NV, NH, NJ, NY, ND, OH, OK, OR, PA, SC, TN, UT, VT, VA, WI627-2017.05.24-Multistate-Jason-Malek-Settlement-Agreement.PDFPress Release [CT]
6267/12/20215/24/20172017Johnson & JohnsonConsumer ProtectionDefective or Unsafe Products43$33,000,000 $33,000,000 Pharmaceutical and Medicine ManufacturingThe case dates to 2009, when Johnson & Johnson began dozens of voluntary recalls of popular over-the-counter medicines for children and adults, including Tylenol, Motrin and Benadryl. Those and several other products made at J&J factories in Puerto Rico and suburban Philadelphia were recalled for issues including unpleasant smells that nauseated some consumers, tiny metal shards in liquid medicines and wrong ingredient levels.The Consent Judgment requires McNeil to ensure that its marketing and promotional practices do not unlawfully promote OTC drug products. Specifically, McNeil shall not: Represent on its websites that McNeil's OTC Drug Product facilities meet cGMP as outlined by the FDA if McNeil has had a Class I or Class II Recall of OTC drug products within the prior twelve (12) months; Fail to follow its internal standard operating polices regarding whether to open a Corrective Action/Preventive Action plan (CAPA) during the manufacture of an OTC drug; and Fail to provide information to participating Attorneys General within sixty (60) days of a written request regarding the identity of wholesalers or warehouses to which any OTC drugs that were subject to a recall were distributed in their State.N/APA, TXAK, AZ, AR, CA, CO, CT, DE, DC, FL, HI, ID, IL, IN, KS, KY, LA, ME, MD, MA, MI, MN, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, PA, RI, SC, SD, TN, TX, VT, WA, WV, WI, VA626-2017.05.24-CT-Johnson-and-Johnson-Final-Judgment-Upon-Stipulation.pdfPress Release [VA]
6257/12/20215/23/20172017TargetConsumer ProtectionConsumer Privacy and Data48$18,500,000 $18,500,000 Retail TradeThe states' investigation, led by Connecticut and Illinois, found that, on or about November 12, 2013, cyber attackers accessed Target's computer network gateway server through login credentials stolen from a third-party vendor. The criminal hackers used the stolen credentials to exploit weaknesses in Target's system.In addition to the monetary payment to the states, the settlement agreement requires Target to develop, implement, and maintain a comprehensive information security program and to employ an executive or officer who is responsible for executing the plan. The company is required to hire an independent, qualified third-party to conduct a comprehensive security assessment.N/ACT, ILAK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, DC625-2017.05.23-Multistate-Target-Assurance-of-Voluntary-Compliance.pdfPress Release [IL]
6247/12/20214/28/20172017Anthem Inc.AntitrustMerger Review12$0 $0 Finance & InsuranceThe suit against Anthem and Cigna alleges that merger would substantially reduce competition for millions of consumers who receive commercial health insurance coverage from national employers throughout the United States; from large-group employers in at least 35 metropolitan areas, including New York, Los Angeles, San Francisco, Denver, and Indianapolis; and from public exchanges created by the Affordable Care Act in St. Louis and Denver.The decision by the U.S. Court of Appeals for the D.C. Circuit denies Anthem, Inc.'s appeal of the D.C. District Court's decision to enjoin Anthem's proposed acquisition of Cigna Corp.DOJCA, CO, CT, DC, GA, IA, ME, MD, NH, NY, TN, VA
6237/12/20213/30/20172017Volkswagen; Audi; PorscheEnvironmentAir Pollution Control10$157,448,480 $157,448,480 Motor Vehicle ManufacturingThe settlement covers 3-Liter six-cylinder diesel engines and is separate from a $603 million agreement reached last year with 44 states, Washington, D.C., and Puerto Rico that covered 2-liter engines. The settlement is the first time that the states, which all have adopted California's more stringent auto emissions standards, obtained environmental penalties from an automaker under their own emissions laws.The settlement includes: A commitment to make new Volkswagen zero-emission electric vehicles available in Massachusetts to grow the market for such vehicles and further reduce vehicle air emissions. Comprehensive factual admissions by the companies, including the admissions by Volkswagen AG attached to its federal guilty plea.N/AMA, NYNY, MA, ME, PA, WA, OR, CT, VT, RI, DE623-2017.03.30-Multistate-Volkswagen-Settlement-Agreement.pdfPress Release [MA]
6227/12/20213/29/20172017SantanderConsumer ProtectionConsumer Protection Lending Practices2$26,000,000 $26,000,000 Finance & InsuranceSantander has agreed to a nearly $26 million settlement with officials in two states over the bank's role in "unfair" subprime auto loans for thousands of consumers.-NoneMA, DEMA, DEPress Release [MA]
6217/12/20212/21/20172017Caribbean Cruise LineConsumer ProtectionMarketing and Advertising9$1,350,000 The Federal Trade Commission and states have closed the book on the remaining defendants who assisted a Florida-based cruise line company in running an illegal telemarketing campaign that flooded consumers with billions of unwanted robocalls.The proposed settlement order announced today bars Accuardi and his businesses from: 1) initiating, or causing anyone else to initiate, any robocalls or helping anyone else make robocalls; and 2) engaging in illegal telemarketing practices.FTCCO, FL, IN, KS, MS, MO, NC, OH, WA621-2017.01.27)-Multistate-Caribbean-Cruise-Line-Stipulated-Order-for-Permanent-Injunction.pdfPress Release [NC]
6207/12/20212/7/20172017Click4SupportConsumer ProtectionConsumer Protection Other2$27,300,284 Resolving allegations that the company misrepresented their technology support services as being falsely associated with other large technology brands.According to the stipulated order, Click4Support must cease operations, pay $15,700 of a suspended $27 million award in restitution, and transfer title to certain assets.FTCCT, PACT, PA620-2017.02.07-Multistate-Click4Support-Permanent-Injunction.pdfPress Release [FTC]
6197/12/20211/31/20172017Western Union Financial ServicesConsumer ProtectionConsumer Protection Other50$5,000,000 $5,000,000 The settlement resolves an investigation by Madigan and 49 other state attorneys general into the Colorado-based Western Union after receiving complaints from consumers who used the company to wire money to scam artists seeking to defraud consumers.The settlement requires Western Union to develop and put into action a comprehensive antifraud program designed to help detect and prevent incidents where consumers who have been the victims of fraud use Western Union to wire money to scam artists.NoneAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC619-2017.01.31-Multistate-Western-Union-Assurance-of-Voluntary-Compliance.pdfPress Release [IL]
6187/12/20211/30/20172017RiverSource Life Insurance Co.Consumer ProtectionConsumer Insurance Practices5$1,500,000 $1,500,000 The settlements focus on the companies' use of the Social Security Administration's Death Master File (DMF) to stop paying a deceased person's annuity, but not use the same information to find and begin paying the deceased's family or other beneficiaries for life insurance policies.-NoneCACA, FL, NH, ND, PA618-2017.01.30-Multistate-RiverSource-Life-Insurance-Company-Regulatory-Settlement-Agreement.pdf
6177/12/20211/27/20172017AetnaAntitrustMerger Review9$0 $0 Finance & InsuranceAccording to the complaint, alleges that their merger would substantially reduce Medicare Advantage competition in more than 350 counties in 21 states, affecting more than 1.5 million Medicare Advantage customers in those counties.The district court granted the injunction, rejecting the parties arguments that the Medicare Advantage and Medicare programs were competing products that constrained one another's prices, and noting that Aetna's exit from several markets, allegedly because of the Affordable Care Act, appeared to be designed to eliminate a problem with the merger, rather than being an unrelated business decision.DOJDE, DC, FL, GA, IL, IA, OH, PA, VA617-2016.07.21-Multistate-Aetna-Humana-Complaint.pdf617-2017.01.23-Multistate-Aetna-Humana-Memorandum-Opinion.pdf
6167/12/20211/18/20172017Questcor Pharmaceuticals, Inc.AntitrustMonopolization5$100,000,000 $12,000,000 Pharmaceutical and Medicine ManufacturingThe settlement resulted from claims by the FTC and states that Questcor illegally maintained its monopoly for a certain lifesaving therapeutic drug, enabling Questcor to continue charging over $34,000 per vial.The company will also be required to license a competitor to the rights it acquired from Novartis to commercialize and develop Synacthen in the United States, including the Synacthen trademark, along with clinical trial data and certain intellectual property related to manufacturing and formulation. Mallinckrodt is also prohibited from taking actions that would interfere with clinical trials or clinical plans for Synacthen.FTCAK, MD, NY, TX, WA616-2017.01.18-Multistate-Questcor-Pharmaceuticals-Inc.-Stipulated-Order-for-Permanent-Injuncti
6157/12/20211/13/20172017Moody'sConsumer ProtectionConsumer Protection Lending Practices22$863,791,823 $426,291,823 According to the settlement, Moody's consistently made misrepresentations about the processes it used to assign credit ratings to structured finance securities. While publicly promising independent, objective analyses, the company privately relaxed its ratings criteria to ensure its clients' residential mortgage-backed securities (RMBS) and collateralized debt obligations (CDOs) would achieve higher ratings than the actual quality of the assets supported.Under the terms of the compliance commitments, Moody's agrees to maintain a host of measures designed to ensure the integrity of its credit ratings. These include: Separation of Moody's commercial and credit rating functions by excluding analytical personnel from any commercial related discussions and excluding personnel responsible for commercial functions from determining credit ratings or developing rating methodologies; Independent review and approval of changes to rating methodologies by maintaining separate groups to develop and review rating methodologies; Changes to ensure that specified personnel are not compensated on the basis of the company's financial performance;Enhancing Moody's oversight functions to monitor the content of press releases and the timeliness of methodology development; Deploying new technological platforms and centralized systems for documentation of rating procedures; and Certifications of compliance by the President/CEO of Moody's with these commitments for at least five years.DOJCT, MSAZ, CA, CT, DE, ID, IL, IN, IA, KS, ME, MD, MA, MS, MO, NH, NJ, NC, OR, PA, SC, WA, DC615-2017.01.13-Multistate-Moodys-Settlement-Agreement.pdfPress Release [U.S. DOJ]
6147/12/202112/14/20162016ruby Corp.Consumer ProtectionConsumer Privacy and Data14$17,500,000 $828,500 $7,912,100 (suspended)The settlement follows an investigation into the July 2015 hack of the website that resulted in the online publication of user information for millions of AshleyMadison.com members, including photographs, usernames, email addresses, communications, and other profile information.In addition to monetary penalties, ruby Corp. agreed to cease engaging in certain deceptive practices, to not create fake profiles, and to implement a stronger data security program.FTCVTAK, AR, HI, LA, MD, MS, NE, NY, ND, OR, RI, TN, VT, DC614-2016.12.14-NE-ruby-Corp.-Settlement-Agreement.pdfPress Release [NE]
6137/12/202112/8/20162016Bristol-Myers SquibbConsumer ProtectionMarketing and Advertising43$19,500,000 $19,500,000 Pharmaceutical and Medicine ManufacturingIn their complaint, the States allege that BMS improperly promoted Abilify for use in elderly patients who exhibited symptoms consistent with dementia and Alzheimer's disease without FDA approval for these uses and without first establishing the drug's safety and efficacy for these uses.The consent decree contains strong injunctive terms prohibiting BMS from: Promoting Abilify for off-label uses; Making false or misleading claims about Abilify; Compensating health care providers for merely attending a promotional activity for Abilify; Promoting Abilify by highlighting selected symptoms instead of diagnoses without reference to the FDA-approved indications; Using medical education grants, including Continuing Medical Education grants, or any other type of grant to promote Abilify; Rewarding health care providers with grants based on their prescribing habits; Providing samples of Abilify to health care providers whose clinical practices are inconsistent with Abilify's FDA-approved label.NoneMD, KYAL, AR, AZ, CA, CO, CT, DE, DC, FL, GA, HI, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MO, MT, NE, NV, NH, NJ, NY, NC, ND, OH, OK, OR, PA, RI, SD, TN, TX, VT, WA, WV, WI613-2016.12.08-NJ-Bristol-Myers-Squibb-Consent-Decree.pdfPress Release [CA]
6127/12/202111/15/20162016National Football LeagueAntitrustPrice-Fixing; Retail Price Maintenance6$99,750 $99,750 The settlement resolves antitrust concerns about the NFL's league-wide mandatory price floor policy. The policy required each of the 32 NFL member teams to impose a price floor on all secondary market ticket sales on the NFL's Ticket Exchange and related websites officially sanctioned by the league.Plaintiff states entered into a settlement agreement with the National Football League under which the NFL would discontinue its league-wide mandatory price floor (no tickets could be sold on the NFL secondary market platform for a price less than a season ticket holder's price) and would not direct or require ticketing practices designed to preclude fans from using competing ticket exchanges.NoneNYDC, FL, MA, NY, OH, PA612-2016.11.15-Multistate-National-Football-League-Settlement-Agreement.pdfPress Release [NY]
6117/12/202111/10/20162016AdobeConsumer ProtectionConsumer Privacy and Data15$1,000,000 $1,000,000 State attorneys general launched an investigation following the 2013 data breach, which exposed the personal information of approximately 552,000 consumers in those states, including more than 76,000 people in Illinois who had purchased Adobe products. Madigan and the attorneys general found that Adobe did not use reasonable security measures to protect its systems from an attack and did not have measures in place to immediately detect an attack.In addition to the $1 million fine, the AVC requires Adobe to review, at least twice per year, its existing internal security policies and procedures and amend them where necessary. Adobe also must implement other data security measures, including segregating payment card information from access by public-facing servers, employing tokenization for Adobe.com merchant ID payment card numbers, performing ongoing risk assessments and penetration testing, and training employees on security policies.NoneCTCT, AR, IL, IN, KY, MD, MA, MO, MN, MS, NC, OH, OR, PA, VT611-2016.11.10-Multistate-Adobe-Assurance-of-Voluntary-Compliance.pdfPress Release [CT]
6107/12/202110/27/20162016HyundaiConsumer ProtectionMarketing and Advertising34$41,223,320 $41,223,320 Motor Vehicle ManufacturingResolves claims that the companies misrepresented the mileage and fuel economy ratings for some of their model year 2011, 2012 and 2013 vehicles.In addition to the payment to the state, consumer restitution claims relating to the alleged violations have been handled separately through class action settlements and the companies' own reimbursement programs.NoneCT, IL, IACT, IL, IA, AL, AZ, AR, CA, CO, DE, FL, GA, IN, KS, KY, MD, ME, MA, MO, NE, NJ, NM, NV, NC, OH, OK, OR, PA, RI, TN, TX, VA, WA, WI, DC610-2016.10.27-CT-Hyundai-Consent-Judgment.PDFPress Release [CT]
6097/12/20219/30/20162016Southern Coal Corp.EnvironmentWater Pollution Control4$900,000 $450,000 Since beginning an investigation of Southern Coal Corporation in 2011, the EPA has discovered various Clean Water Act (CWA) violations. These violations include exceedances of CWA National Pollutant Discharge Elimination System (NPDES) permits for pollutants, such as iron, total suspended solids, aluminum, pH, and manganese, a failure to submit complete and timely discharge monitoring reports (DMRs) and unauthorized discharges.The settlement requires the companies to make comprehensive upgrades to their coal mining and processing operations to prevent discharges of polluted wastewater from their mines in Appalachia.EPA; DOJAL, KY, TN, VA609-2016.09.30-Multistate-Southern-Coal-Corp.-Consent-Decree.pdf
6087/12/20219/30/20162016USA DiscountersConsumer ProtectionMarketing and Advertising50$135,900,000 $135,900,000 $95,000,000 The company marketed itself as a discount retailer but actually sold its merchandise at a substantial mark-up, including additional fees that effectively concealed exorbitantly high interest rates for financed purchases.-NoneVA, GA, NY, NV, NC, TX, WA, DCAL, AK, AZ, AR, CA, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC608-2016.09.29-Multistate-USA-Discounters-Settlement-Agreement.pdfPress Release [VA]
6077/12/20219/6/20162016T.Rad Co.AntitrustBid-Rigging; Price-Fixing2$243,750 $243,750 The states alleged that the company rigged bids and fixed the prices of its parts from at least 2002 to 2010.The company agreed to cooperate with the states by providing documents and information related to the investigations into the Price-Fixing conspiracy.NoneCA, FLCA, FL
6067/12/20218/8/20162016BarclaysAntitrustAntitrust Lending Practices44$100,000,000 $100,000,000 $93,350,000 Finance & InsuranceThe investigation, conducted by a multistate working group of 43 states and Washington, D.C., revealed that Barclays manipulated LIBOR through two different kinds of fraudulent and anticompetitive conduct. As a result of Barclays conduct, government entities and not-for-profit organizations in Illinois and throughout the U.S. were defrauded when they entered into swaps and other investment instruments with Barclays without knowing that Barclays and other banks on the U.S. dollar (USD)-LIBOR-setting panel were colluding to manipulate LIBOR.-N/ANY, CTNY, AL, AK, AR, AZ, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IA, KS, ME, MD, MA, MI, MN, MO, MT, NE, NV, NH, NJ, NM, NC, ND, OH, OR, PA, RI, SC, TN, UT, VT, VA, WA, WV, WI, WY606-2016.08.08-Multistate-Barclays-Settlement-Agreement.pdfPress Release [NY]
6057/12/20218/4/20162016StandardConsumer ProtectionConsumer Insurance Practices5$277,000 $277,000 Finance & InsuranceThe settlements focus on the companies' use of the Social Security Administration's Death Master File (DMF) to stop paying a deceased person's annuity, but not use the same information to find and begin paying the deceased's family or other beneficiaries for life insurance policies.-NoneFL, ND, CA, PA, NH605-2016.08.04-Multistate-Standard-Insurance-Regulatory-Settlement-Agreement.pdf
6047/12/20218/4/20162016Great AmericanConsumer ProtectionConsumer Insurance Practices6$400,000 $400,000 Finance & InsuranceThe settlements focus on the companies' use of the Social Security Administration's Death Master File (DMF) to stop paying a deceased person's annuity, but not use the same information to find and begin paying the deceased's family or other beneficiaries for life insurance policies.-NoneFL, ND, CA, PA, NH, OR604-2016.08.04-FL-Great-American-Settlement-Agreement.pdf
6037/12/20218/4/20162016SecurianConsumer ProtectionConsumer Insurance Practices6$625,000 $625,000 Finance & InsuranceThe settlements focus on the companies' use of the Social Security Administration's Death Master File (DMF) to stop paying a deceased person's annuity, but not use the same information to find and begin paying the deceased's family or other beneficiaries for life insurance policies.-NoneFL, ND, CA, PA, NH, OH603-2016.08.04-Multistate-Securian-Settlement-Agreement.pdf
6027/12/20218/4/20162016Hartford Fire & Casualty GroupConsumer ProtectionConsumer Insurance Practices6$2,100,000 $2,100,000 Finance & InsuranceThe settlements focus on the companies' use of the Social Security Administration's Death Master File (DMF) to stop paying a deceased person's annuity, but not use the same information to find and begin paying the deceased's family or other beneficiaries for life insurance policies.-NoneFL, ND, CA, PA, NH, CT602-2016.08.04-FL-Hartford-Fire-and-Casualty-Settlement-Agreement.pdf
6017/12/20218/4/20162016CephalonAntitrustMonopolization48$125,000,000 Pharmaceutical and Medicine ManufacturingSettled claims that Cephalon, Inc. and its affiliated companies engaged in illegal practices to protect high monopoly profits it earned from its brand-name prescription medicine, Provigil. Provigil is prescribed to improve wakefulness in adults diagnosed with sleep disorders such as obstructive sleep apnea, shift work disorder, or narcolepsy.A settlement was filed with the complaint, which includes $35 million for distribution to consumers who bought Provigil.FTCNY601-2016.08.04-Multistate-Cephalon-Settlement-Agreement.pdfPress Release [OH]
6007/12/20217/25/20162016Koninklijke Ahold N.V.AntitrustMerger Review6$300,000 Retail TradeAccording to the complaint, supermarkets operated by Ahold and Delhaize compete closely for shoppers based on price, format, service, product offerings, promotional activity, and location. Without a remedy, the merger would eliminate direct supermarket competition to the detriment of consumers in these local markets.Working with the Federal Trade Commission, the State Attorneys General are requiring Ahold and Delhaize to divest 76 stores nationwide in order to complete the merger.FTCDE, MD, MA, PA, VA, WV600-2016.07.25-Multistate-Koninklijke-Ahold-N.V.-Complaint.pdf600-2016.07.26-Multistate-Koninklijke-Ahold-N.V.-Final-Consent-Judgment.pdf
5997/12/20217/19/20162016Tesoro Refining Corp.; Par Hawaii RefiningEnvironmentAir Pollution Control2$425,000,000 $2,400,000 The settlement resolves alleged violations of the federal Clean Air Act and requires installment of new equipment to control emissions.Under the settlement, the companies will spend about $403 million to install and operate pollution control equipment and Tesoro will spend about $12 million to fund projects that will improve public health in local communities previously impacted by pollution.EPAAK, HI599-2016.07.19-Multistate-Tesoro-Refining-Consent-Decree.pdfPress Release [U.S. DOJ]
5987/12/20216/28/20162016VolkswagenConsumer ProtectionConsumer Protection Other46$570,000,000 $570,000,000 Motor Vehicle ManufacturingState attorneys general launched an investigation into Volkswagen last September after the automaker admitted to installing software that let its diesel cars cheat on emissions tests.Additional components of the settlements include: (1) Environmental Mitigation Fund: Volkswagen will pay $2.7 billion into a trust to support environmental programs throughout the country to reduce illegal emissions. This fund, also subject to court approval, is intended to mitigate the total, lifetime excess emissions from the vehicles identified below. Under the terms of the mitigation trust, the District is eligible to receive $7.5 million to fund mitigation projects. (2) Developing Zero-Emission Vehicles: Volkswagen has committed to investing $2 billion over the next 10 years for the development of non-polluting cars and supporting infrastructure.DOJ; EPA; FTC (separate settlements)CT, MA, NY, OR, TN, WAAL, AK, DC, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, PR, NY, NC, ND, OH, OR, PA, RI, SC, SD, TN, TX, UT, VA, WA, WI, WY598-2016.06.28-Multistate-Volkswagen-Partial-Settlement-Agreement.pdfPress Release [IL]
5977/12/20215/10/20162016Staples; Office DepotAntitrustMerger Review2$0 $0 Retail TradeTwo office supply "superstore" chains sought to merge. The FTC, Pennsylvania and D.C. challenged the merger and were successful in obtaining an injunction.-FTCPA, DCPA, DC597-2016.05.10-Multistate-Staples-Memorandum-Opinion.pdfPress Release [PA]
5967/12/20214/11/20162016Goldman SachsConsumer ProtectionConsumer Protection Lending Practices2$5,000,000,000 $225,000,000 $1,800,000,000 Finance & InsuranceThe settlement includes an agreed-upon statement of facts that describes how Goldman Sachs made multiple representations to RMBS investors about the quality of the mortgage loans it securitized and sold to investors, its process for screening out questionable loans, and its process for qualifying loan originators. Contrary to those representations, Goldman Sachs securitized and sold RMBS backed by large numbers of loans from originators whose mortgage loans contained material defects.The resolution requires Goldman Sachs to provide significant community-level relief, including resources that will facilitate a significant expansion of the Mortgage Assistance Programs enabling distressed homeowners to restructure their debt, as well as first-lien principal forgiveness, and funds to spur the construction of more affordable housing.DOJNY, IL, CANY, IL, CA596-2016.04.11-NY-Goldman-Sachs-Settlement-Agreement.pdfPress Release [U.S. DOJ]
5957/12/20213/30/20162016Cancer Fund of America Inc.Consumer ProtectionMarketing and Advertising51$75,825,653 Charitable Organizations & FoundationsThe organizations, along with President James Reynolds, Sr. agreed to settle charges that they spent an overwhelming majority of donations purported to help cancer patients on operators, families, friends and fundraisers.Under the settlement, CFA and CSS will be permanently closed and their assets liquidated.FTCAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC595-2016.03.29-Multistate-Cancer-Fund-of-America-Permanent-Injunction.pdfPress Release [FTC]
5947/12/20213/29/20162016Corinthian CollegesConsumer ProtectionConsumer Protection OtherThe governments alleged that the defendant misrepresented their job placement rates to enrolled and prospective students.The U.S. Department of Education is expanding its efforts to help former students of Corinthian Colleges through a debt relief program with multiple state Attorneys General.DoE
5937/12/20212/24/20162016Societe GeneraleAntitrustBid-Rigging21$26,750,000 $26,750,000 $25,412,500 The investigation revealed anti-competitive and fraudulent conduct involving individuals at multiple large financial institutions, including Natixis and Societe Generale, and certain brokers working with the institutions. Rather than establishing honest and fair contract terms for the municipal derivative sales, certain employees and their counterparts at other institutions rigged bids and submitted noncompetitive courtesy bids and fraudulent certificates of arms-length bidding to government agencies.-NoneNY, CTCO, CT, FL, ID, IL, IA, KS, MD, MI, MO, MT, NV, NJ, NY, NC, OH, OR, PA, SC, TN, WI593-2016.02.22-Multistate-Societe-Generale-Settlement-Agreement.pdfPress Release [NY]
5927/12/20212/11/20162016Morgan StanleyConsumer ProtectionConsumer Protection Lending Practices2$2,600,000,000 $572,500,000 Finance & InsuranceAs acknowledged by Morgan Stanley in a detailed statement of facts that is a part of this agreement, the company made representations to prospective investors about the characteristics of the subprime mortgage loans underlying its RMBS representations with which it did not comply.he settlement expressly preserves the government's ability to bring criminal charges against Morgan Stanley, and likewise does not release any individuals from potential criminal or civil liability. In addition, as part of the settlement, Morgan Stanley promised to cooperate fully with any ongoing investigations related to the conduct covered by the agreement.NY, ILNY, IL592-2016.02.11-USDOJ-Morgan-Stanley-Settlement-Agreement.pdfPress Release [NY]
5917/12/20212/18/20162016Natixis Funding Corp.AntitrustBid-Rigging21$29,950,000 $29,950,000 $28,452,500 The investigation revealed anti-competitive and fraudulent conduct involving individuals at multiple large financial institutions, including Natixis and Societe Generale, and certain brokers working with the institutions. Rather than establishing honest and fair contract terms for the municipal derivative sales, certain employees and their counterparts at other institutions rigged bids and submitted noncompetitive courtesy bids and fraudulent certificates of arms-length bidding to government agencies. The settlements are the sixth and seventh multistate settlements with financial institutions resulting from a multistate investigation that began in 2008.-NoneNY, CTCO, CT, FL, ID, IL, IA, KS, MD, MI, MO, MT, NV, NJ, NY, NC, OH, OR, PA, SC, TN, WI591-2016.02.18-Multistate-Natixis-Settlement-Agreement.pdf
5907/12/202111/19/20212/11/20162016MoneyGram Payment Systems, Inc.Consumer ProtectionConsumer Fraud50$13,000,000 $13,000,000 The settlement resolves a multistate investigation which focused on complaints of consumers who used MoneyGram's wire transfer service to send money to third parties involved in schemes to defraud consumers.The settlement provides for an independent third party settlement administrator who will review MoneyGram records and send notices regarding restitution to all consumers who are eligible to receive restitution under this settlement.NoneAL, AK, AZ, AR, DC, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY590-2016.02.11-Multistate-MoneyGram-Assurance-of-Voluntary-Compliance.pdfPress Release [IL]
5897/12/20212/5/20162016HSBCConsumer ProtectionConsumer Protection Lending Practices50$470,000,000 $429,500,000 $370,000,000 Finance & InsuranceThe settlement resolves potential violations of civil law based on HSBC's deficient mortgage loan origination and servicing activities, as well as its alleged foreclosure abuses.HSBC will be required to implement standards for the servicing of mortgage loans, the handling of foreclosures and for ensuring the accuracy of information provided in federal bankruptcy court. These standards are designed to prevent foreclosure abuses of the past, such as robo-signing, improper documentation and lost paperwork, and create new consumer protections. The standards provide for oversight of foreclosure processing, including third-party vendors, and new requirements to undertake pre-filing reviews of certain documents filed in bankruptcy court. The servicing standards ensure that foreclosure is a last resort by requiring HSBC to evaluate homeowners for other loss-mitigation options first. In addition, the standards restrict HSBC from foreclosing while the homeowner is being considered for a loan modification.DOJ; FTC; Treasury; Agriculture; VA; IP for TARPAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, DC, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY589-2016.02.05-Multistate-HSBC-Consent-Judgment.pdfPress Release [U.S. DOJ]
5887/12/202112/17/20152015AXAConsumer ProtectionConsumer Insurance Practices5$3,280,000 $3,280,000 These settlement agreements focus on the one-sided use of the Social Security Administration's Death Master File (DMF) to stop paying a deceased person's annuity, but not using the same information to find and begin paying the deceased's family or other beneficiaries for life insurance policies.AXA has agreed to compare all company records against the DMF to determine whether there are unclaimed death benefits, search for those beneficiaries and, otherwise, remit unclaimed proceeds to the appropriate state authority.NoneFL, ND, CA, PA, NH588-2015.12.17-FL-AXA-Settlement-Agreement.pdf
5877/12/202112/17/20152015Jackson NationalConsumer ProtectionConsumer Insurance Practices5$2,500,000 $2,500,000 These settlement agreements focus on the one-sided use of the Social Security Administration's Death Master File (DMF) to stop paying a deceased person's annuity, but not using the same information to find and begin paying the deceased's family or other beneficiaries for life insurance policies.Jackson National has agreed to compare all company records against the DMF to determine whether there are unclaimed death benefits, search for those beneficiaries and, otherwise, remit unclaimed proceeds to the appropriate state authority.NoneFL, ND, CA, PA, NH587-2015.12.17-FL-Jackson-National-Settlement-Agreement.pdf
5867/12/202111/16/20152015Education Management Corp.Consumer ProtectionConsumer Protection Other40$95,500,000 The primary allegation was that EDMC unlawfully recruited students, in contravention of the HEA's Incentive Compensation Ban (ICB), by running a high pressure boiler room where admissions personnel were paid based purely on the number of students they enrolled.The consumer fraud settlement requires EDMC to undertake various compliance obligations, including detailed disclosure obligations to students; prohibitions on deceptive or misleading recruiting practices and oversight by an administrator to ensure compliance.DOJ; DoE; Inspector GeneralIAIA, DC, AL, AZ, AR, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MS, MO, MT, NE, NJ, NM, NY, NC, ND, OH, OR, PA, RI, SD, TN, UT, VT, VA, WA, WV, WY586-2015.11.16-Multistate-Education-Management-Corp.-Settlement-Agreement.pdf
5857/12/202111/13/20152015Springleaf HoldingsAntitrustMerger Review7$0 $0 The complaint alleges that in local markets within and around 126 towns and municipalities in eleven states, Springleaf and OneMain operate branches in close proximity to one another often within five miles and face few, if any, other competitors. According to the complaint, the loss of head-to-head competition between Springleaf and OneMain would result in a reduction of consumer choice that likely would drive subprime borrowers to much more expensive forms of credit or leave them with no reasonable alternative.Under the terms of the proposed consent decree, Springleaf must divest 127 branches in eleven states to Lendmark Financial Services or to an alternative buyer approved by the United States. The divestiture includes all active loans originated or serviced at the divested branches and other assets associated with the branches.DOJCO, ID, PA, TX, VA, WA, WV585-2015.11.13-Multistate-Springleaf-Holdings-Proposed-Final-Judgment.pdf
5847/12/202110/29/20152015TransoceanEnvironmentWater Pollution Control5To resolve claims against the oil rig operator for its role in the 2010 Deepwater Horizon oil spill.-NoneALAL, FL, MS, LA, TX584-2015.10.29-Multistate-Transocean-Order-of-Dismissal.pdf
5837/12/202110/21/20152015UPSConsumer ProtectionConsumer Protection Other14$4,000,000 $4,000,000 The governmments alleged UPS employees inaccurately recorded delivery times and took steps to prevent government customers from claiming refunds for packages delivered late.-NoneNYNY, CA, FL, DE, HI, IL, IN, MA, MN, MT, NM, NC, TN, VA583-2015.10.21-Multistate-United-Parcel-Service-Settlement-Agreement.pdf
5827/12/202110/9/20152015StericycleConsumer ProtectionConsumer Protection Other13$26,750,000 The settlement resolved allegations that it violated the false claims acts of 12 states, Washington, D.C., and the federal government by improperly increasing its service price to certain government customers by passing on cost increases without contractual authorization.-DOJCA, DE, FL, IL, IN, NV, NJ, NC, RI, TN, MA, VA, DC
5817/12/20219/28/20152015Guardian Industries Corp.EnvironmentAir Pollution Control2$312,000 The settlement resolves alleged violations of the Clean Air Act at Guardian's flat glass manufacturing facilities throughout the United States.The company has agreed to install pollution control equipment to reduce emissions of nitrogen oxides (NOx), sulfur dioxide (SO2), sulfuric acid mist (H2SO4), and particulate matter (PM) by nearly 7,500 tons per year, implement a $150,000 mitigation project.DOJ; EPAIA, NY581-2015.09.29-Multistate-Guardian-Industries-Corp.-Consent-Decree.pdf
5807/12/20219/10/20152015RadioshackConsumer ProtectionConsumer Protection Other25Retail TradeThe settlement addressed AG concerns about how unredeemed gift cards would be treated gven Radioshack's impending bankrupcy proceedings.Under the settlement agreement, consumers will be paid in full for purchased unredeemed RadioShack gift cards, which includes cards purchased in-store or at other retailers.NoneTXAZ, AR, DC, FL, GA, HI, IL, IN, ME, MD, MA, MO, NV, NH, NY, ND, OH, OR, PA, RI, TN, VA, WA, WV
5797/12/20219/1/20152015Internet Order LLCConsumer ProtectionMarketing and Advertising3$1,002,000 $1,002,000 The agreement resolves an investigation concerning the company's, and owner Dan Roitman's, failure to clearly disclose that the purchase of a language course advertised as "only $9.95" included the shipment of additional language courses that, if not returned, could cost the consumer more than $1000.Under the terms of the settlement, before enrolling a consumer in a negative option plan, Internet Order must receive the consumer's "express consent" to the arrangement, which does not include a pre-checked box. It must give clear, easy-to-read notice at many stages of the transaction: on any advertisement for the plan, on the webpage that lists a billing summary of an online transaction, and in a confirmatory email sent to the consumer.NoneNY, PA, WANY, PA, WA579-2015.08.31-WA-Internet-Order-LLC-Consent-Decree.pdf
5787/12/20218/18/20152015AmgenConsumer ProtectionMarketing and Advertising49$71,000,000 $71,000,000 The settlement resolved allegations that Amgen unlawfully promoted biologic medications Aranesp and Enbrel. Aranesp is used to treat types of anemia by stimulating bone marrow to produce red blood cells. Enbrel is used to treat a number of conditions, including plaque psoriasis.Amgen also agreed to change its marketing practices.NoneIL, ORAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC578-2015.08.18-CT-Amgen-Stipulated-Judgment.pdf
5777/12/20218/6/20152015Arch CoalEnvironmentWater Pollution Control3$2,000,000 The settlement resolves hundreds of Clean Water Act violations related to illegal discharges of pollutants at the companies' coal mines in Kentucky, Pennsylvania, Maryland, Virginia and West Virginia.The companies agreed to conduct comprehensive upgrades to their operations to ensure compliance with the Clean Water Act.EPAPA, WV, VA577-2015.08.06-Multistate-Arch-Coal-Consent-Decree.pdf
5767/12/20217/8/20152015JP Morgan ChaseConsumer ProtectionConsumer Protection Lending Practices48$216,000,000 Finance & InsuranceThe CFPB and states found that Chase sold "zombie debts"¥ to third-party debt buyers, which include accounts that were inaccurate, settled, discharged in bankruptcy, not owed, or otherwise not collectible.Among other reforms, the agreement requires new safeguards to help ensure debt information is accurate and inaccurate data is corrected, provides additional information to consumers who owe debts, and bars Chase's debt buyers from reselling consumer debts to other purchasers.CFPB576-2013.05.09-CA-Chase-Bank-Complaint.pdf576-2015.11.03-CA-Chase-Bank-Judgment.pdf
5757/12/20217/6/20152015Dollar TreeAntitrustMerger Review17$865,000 $865,000 Retail TradePlaintiff states and the FTC challenged the merger of Dollar Tree, the largest chain of "dollar" stores (deep discount stores) and Family Dollar Stores, the nation's third largest dollar store chain. The complaint claimed the proposed acquisition would substantially lessen competition in numerous markets.The settlement requires Dollar Tree to sell 330 Family Dollar stores to a new competitor in order to complete the acquisition.FTCFL, ME, MOAL, FL, IN, IA, ME, MD, MA, MS, MO, NE, PA, OK, TN, UT, VT, VA, WV575-2015.07.06-FTC-Dollar-Tree-Agreement-Containing-Consent-Orders.pdf
5747/12/20217/2/20152015PayPalConsumer ProtectionMarketing and Advertising2$0 $0 New York AG Eric Schneiderman, the Federal Communications Commission and four Democratic U.S. Senators wrote to PayPal Inc. expressing concerns and requesting more information on modifications the company made to its user agreements for possible violations of consumer protection laws. A similar letter was also sent by Missouri AG Chris Koster last week.In response, PayPal has altered its user agreements, to "clear up any confusion" about its provisions. Specifically, the company will only use autodialed or prerecorded calls or text messages for contacting users about fraud or debt collection relating to their accounts, which consumers will have the option to opt-out of, and will only use such contact methods for marketing purposes where they have prior express written consent by the consumer.FCC; Four U.S. SenatorsNY, MONY, MO574-2015.07.02-Multistate-PayPal-Assurance-of-Voluntary-Compliance.pdf
5737/12/20217/2/20152015BPEnvironmentWater Pollution Control5$20,800,000,000 $4,900,000,000 BP and five Gulf states announced an $18.7 billion settlement Thursday that resolves years of legal fighting over the environmental and economic damage done by the energy giant's oil spill in 2010.The settlement money will be used to resolve the Clean Water Act penalties; resolve natural resources damage claims; settle economic claims; and resolve economic damage claims of local governments.EPA; DOJ; Homeland Security; Interior; Commerce and AgricultureALAL, FL, LA, MS, TX573-2015.07.02-Multistate-BP-Consent-Decree.pdf
5727/12/20215/26/20152015Classmates.comConsumer ProtectionMarketing and Advertising22$11,000,000 $11,000,000 The AGs allege Classmates and FTD allowed third-parties to utilize negative option marketing practices to sell membership programs to consumers. Negative option marketing is a sales practice in which a seller interprets a consumer's failure to reject an offer or cancel an agreement as approval to charge the consumer for goods or services.Today's agreement includes a number of terms to ensure that consumers knowingly consent to the purchase of any membership program offered by a marketing partner of Classmates or FTD.NoneKS, MDAL, AK, DE, FL, ID, IL, KS, ME, MD, MI, NE, NJ, NM, ND, OH, OR, PA, SD, TX, VT, WI, WA572-2015.05.26-OH-Classmates.com-Agreed-Entry-and-Final-Judgment-Order.PDF
5717/12/20215/23/20152015US FoodsAntitrustMerger Review11$0 $0 In February 2015, the governments challenged Sysco's proposed $8.2 billion merger with rival US Foods, alleging that the deal would significantly reduce competition in broadline foodservice distribution, both nationwide and in a large number of local markets. The complaint alleged that the merged entity would account for 75% of the sales to national customers of broadline services, where the merging parties are the only firms with a truly national footprint that allows them to compete to serve customers, such as restaurants, group-purchasing organizations (GPOs), and foodservice companies, with locations nationwide.Following a June 23, 2015 ruling by the U.S. District Court for the District of Columbia granting the Federal Trade Commission request for a preliminary injunction, Sysco and US Foods abandoned their proposed merger, and the Commission has now dismissed its administrative complaint.FTCCA, IL, IA, MD, MN, NE, OH, PA, TN, VA, DC571-2015.05.23-FTC-US-Foods-Order-Dismissing-Complaint.pdf
5707/12/20215/20/20152015RadioshackConsumer ProtectionConsumer Privacy and Data38$0 $0 Retail TradeThe settlement with RadioShack concerned the sale of the company's customers' personally identifiable information.Under the terms of the Settlement Agreement approved on May 20 by U.S. Bankruptcy Judge Brendan Shannon, the overwhelming bulk of RadioShack consumer data will be destroyed, and the new owner of RadioShack will not gain access to any sensitive personally identifiable information, including credit or debit card information, social security numbers, telephone numbers or dates of birth.NoneTX570-2015.05.20-Multistate-Radioshack-Notice-of-Agreement.pdf
5697/12/20215/20/20152015EquifaxConsumer ProtectionConsumer Privacy and Data31$6,000,000 $6,000,000 Credit BureausThe investigation focused on consumer disputes about credit report errors, monitoring and disciplining data furnishers (providers of credit reporting information), accuracy in consumer credit reports, and the marketing of credit monitoring products to consumers who call the credit reporting agencies to dispute information on their credit report.Under the settlement, the credit reporting agencies have agreed to increase monitoring of data furnishers, to require additional information from furnishers of certain types of data, to limit direct-to-consumer marketing, to provide greater protections for consumers who dispute information on their credit reports, to limit certain information that can be added to a credit report, to provide additional consumer education, and to comply with state and federal laws, including the Fair Credit Reporting Act.NoneOHAL, AK, AZ, AR, FL, GA, HI, ID, IL, IN, IA, KS, LA, ME, MD, MA, MI, MO, NE, NV, NM, NC, ND, OH, OR, PA, RI, TN, TX, VT, WI569-2015.05.20-Multistate-Equifax-Assurance-of-Voluntary-Compliance.PDF
5687/12/20215/19/20152015Children's Cancer Fund of AmericaConsumer ProtectionMarketing and Advertising51$187,000,000 Charitable Organizations & FoundationsThe joint complaint is an unprecedented 50 state and federal effort. It alleges that the defendants - based in Arizona and Tennessee - portrayed themselves as legitimate charities with substantial programs that directly supported cancer patients in the United States.Under the proposed settlement orders, Effler, Perkins and Reynolds II will be banned from fundraising, charity management, and oversight of charitable assets, and CCFOA and BCS will be dissolved.FTCAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC568-2015.05.19-Multistate-Childrens-Cancer-Fund-of-America-Order-for-Permanent-Injunction.pdf
5677/12/20215/12/20152015VerizonConsumer ProtectionUnauthorized Fees or Service Cancellation Issues51$90,000,000 $16,000,000 TelecommunicationsTo resolve allegations that Sprint and Verizon placed charges for third-party services on consumers' mobile telephone bills that were not authorized by the consumers, a practice known as "mobile cramming."The settlements, like the settlements entered into by ATandT and T-Mobile in late 2014, require Sprint and Verizon to stay out of the commercial PSMS business-the platform to which law enforcement agencies attribute the lion's share of the mobile cramming problem. Under each of the four settlements, the carriers, including Sprint and Verizon, must also take a number of steps designed to ensure that they only bill consumers for third-party charges that have been authorizedCFPB; FCCAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC567-2015.05.12-FCC-Verizon-Order-and-Consent-Decree.pdf
5667/12/20215/12/20152015SprintConsumer ProtectionUnauthorized Fees or Service Cancellation Issues51$68,000,000 $12,000,000 TelecommunicationsTo resolve allegations that Sprint and Verizon placed charges for third-party services on consumers' mobile telephone bills that were not authorized by the consumers, a practice known as "mobile cramming."The settlements, like the settlements entered into by ATandT and T-Mobile in late 2014, require Sprint and Verizon to stay out of the commercial PSMS business-the platform to which law enforcement agencies attribute the lion's share of the mobile cramming problem. Under each of the four settlements, the carriers, including Sprint and Verizon, must also take a number of steps designed to ensure that they only bill consumers for third-party charges that have been authorizedCFPB; FCCAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC566-2015.05.12-FCC-Sprint-Order-and-Consent-Decree.pdf
5657/12/202111/19/20215/7/20152015Vitamin ShoppeConsumer ProtectionDefective or Unsafe Products2$545,000 $545,000 The settlement regarded products that may contain BMPEA, a substance that does not meet the statutory definition of a dietary ingredient.As part of both the AVC and AOD, Vitamin Shoppe, Inc. has agreed to the following: The Company will not sell products that contain BMPEA; The Company will also not sell products containing the botanical acacia rigidula, which are at risk for containing BMPEA, unless adequate testing has been done to determine the product does not contain BMPEA.NoneOR, VTOR, VT
5647/12/20213/23/20152015Pacific LifeConsumer ProtectionConsumer Insurance Practices6$2,450,000 $2,450,000 Finance & InsuranceA statement from California Insurance Commissioner Dave Jones said many life insurers used the Death Master File database only to benefit the insurance company, by identifying only deceased annuitants to stop annuity payments, but not to pay life insurance benefits.The companies have agreed to compare all company records against the Death Master File to determine whether there are unclaimed death benefits, search for those beneficiaries, and otherwise remit unclaimed proceeds to the appropriate state authority, the OIR said in a statement.NoneFL, CA, IL, NH, ND, PA564-2015.03.23-FL-Pacific-Life-Settlement-Agreement.pdf
5637/12/20213/23/20152015Guardian LifeConsumer ProtectionConsumer Insurance Practices7$2,000,000 $2,000,000 Finance & InsuranceA statement from California Insurance Commissioner Dave Jones said many life insurers used the Death Master File database only to benefit the insurance company, by identifying only deceased annuitants to stop annuity payments, but not to pay life insurance benefits.The companies have agreed to compare all company records against the Death Master File to determine whether there are unclaimed death benefits, search for those beneficiaries, and otherwise remit unclaimed proceeds to the appropriate state authority, the OIR said in a statement.NoneFL, CA, IL, MA, NH, ND, PA563-2015.03.23-FL-Guardian-Life-Settlement-Agreement.pdf
5627/12/20213/4/20152015Caribbean Cruise LineConsumer ProtectionMarketing and Advertising10$500,000 To resolve state and federal violations of no-call laws.Under terms of the settlement, CCL, Linked Service Solutions LLC, and its owners Scott Broomfield and Jason Birkett, as well as Economic Strategy LLC, and its owner, Jacob deJongh, are barred from abusive telemarketing practices, including calling consumers whose phone numbers are on no-call registries.FTCCO, FL, IN, KS, MS, MO, NC, OH, TN, WA562-2015.03.03-Multistate-Caribbean-Cruise-Line-Stipulated-Order-for-Permanent-Injunction.pdf
5617/12/20212/11/20152015SafewayAntitrustMerger Review3$0 $0 The complaint sought a permanent injunction that would prevent Albertsons and Safeway from completing the merger in several geographic markets throughout the states.The companies agreed to a proposed consent order, which included a commitment to divest 168 stores.FTCWA, NV, CAWA, NV, CA561-2015.02.11-CA-Safeway-Amended-Order.pdf
5607/12/20212/3/20152015Standard & Poor'sConsumer ProtectionConsumer Protection Lending Practices20$1,375,000,000 $687,500,000 The governments claimed S&P misrepresented its process used to assign credit ratings to mortgage-based securities. Those maneuvers were aimed at retaining clients and increasing market share.In addition to the payment of $1.375 billion, S&P has acknowledged conduct associated with its ratings of RMBS and CDOs during 2004 to 2007 in an agreed statement of facts. It has further agreed to formally retract an allegation that the United States' lawsuit was filed in retaliation for the defendant's decisions with regard to the credit of the United States. Finally, S&P has agreed to comply with the consumer protection statutes of each of the settling states and the District of Columbia, and to respond, in good faith, to requests from any of the states and the District of Columbia for information or material concerning any possible violation of those laws.DOJCTAZ, AR, CA, CT, CO, DE, ID, IL, IN, IA, ME, MS, MO, NJ, NC, PA, SC, TN, WA, DC560-2015.02.03-Multistate-Standard-and-Poors-Settlement-Agreement.pdf
5597/12/20211/21/20152015Standard & Poor'sConsumer ProtectionConsumer Protection Lending Practices2$77,000,000 $19,000,000 The allegations stated that contrary to its representations, S&P departed from its published criteria and calculated the debt service coverage ratio, a key component in determining credit ratings, in a manner that was less conservative, provided less investor protection, and made its ratings more attractive to fee-paying issuers. As such, S&P misled market participants into thinking that the ratings for their investments were better and that their investments had more protection than was actually the case.-SECNY, MANY, MA559-2015.01.21-SEC-Standard-and-Poors-Order-Instituting-Administrative-and-Cease-and-Desi
5587/12/20211/8/20152015Allianz Life Insurance CompanyConsumer ProtectionConsumer Insurance Practices6$4,700,000 $4,700,000 Finance & InsurancePart of a market conduct agreement concerning the company's use of the Death Master File database in settling claims.Allianz has agreedto implement business reforms correcting this practice and to make a payment, which will be disbursed among the participating states.NoneND, FL, CA, IL, NH, PA558-2015.01.08-FL-Allianz-Life-Incurance-Co-Settlement-Agreement.pdf
5577/12/20211/7/20152015ZapposConsumer ProtectionConsumer Privacy and Data9$106,000 $106,000 An investigation following the unauthorized access of one of Zappos's computer servers in January 2012 revealed that the server contained customer names, billing and shipping addresses, telephone numbers, the last four digits of credit card numbers, and login credentials of customers.Zappos is also required to: Maintain and comply with its information security policies and procedures; Provide the attorneys general with its current security policy regarding customer information; Provide the attorneys general copies of reports demonstrating compliance with the Payment Card Industry Data Security Standard for two years; Have a third party conduct an audit of its security of personal information, provide the audit report to the attorneys general, and address any identified deficiencies; and Provide annual training to employees regarding its security policies.NoneAZ, CT, FL, KY, MD, MA, NC, OH, PA557-2015.01.07-Zappos-Assurance-of-Voluntary-Compliance.pdf
5567/12/202112/25/20142014GE Funding Capital Market ServicesAntitrustBid-Rigging25$70,000,000 Finance & InsuranceThe probe has centered on traders deciding in advance which investment house would win the auctions of guaranteed investment contracts. These are essentially investments that cities and counties buy with proceeds from municipal bond sales. Often there is a delay between the floating of bonds and the payout of money, allowing some time to invest.Under the terms of the agreement, GE Funding agreed to pay restitution to victims of the anticompetitive conduct and to cooperate fully with the Justice Department's Antitrust Division in its ongoing investigation into anticompetitive conduct in the municipal bond derivatives industry.DOJ; SEC; IRS
5557/12/202112/19/20142014Freedom Acceptance Corp.Consumer ProtectionDebt Collection Practices2$2,600,000 Among the allegations against the businesses and their owners are claims that they contacted commanding officers of military members who did not pay their loans, debited the bank accounts and credit cards of friends and family members, and double-dipped into consumers' bank accounts for loan paymentsUnder the terms of the consent order filed today, the defendants would be required to provide over $2.5 million in relief to consumers harmed by the companies' illegal actions, and to pay $100,000 to the CFPB's Civil Penalty Fund. The defendants would also be barred from further violations of the law and subject to monitoring by the CFPB.CFPBNC, VANC, VA555-2015.01.09-Multistate-Freedom-Acceptance-Corp.-Stipulated-Final-Judgment-and-Order.pdf
5547/12/202112/19/20142014T-MobileConsumer ProtectionUnauthorized Fees or Service Cancellation Issues51$90,000,000 $18,000,000 TelecommunicationsThe settlement resolves allegations that T-Mobile placed charges for third-party services on consumers' mobile telephone bills that were not authorized by the consumer. This practice is known as "mobile cramming."The settlement requires T-Mobile to stay out of the commercial PSMS business platform to which law enforcement agencies attribute the lion's share of the mobile cramming problem. In addition, T-Mobile must also take a number of steps designed to ensure it only bills consumers for authorized third-party charges.FTC; FCCTXAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC554-2014.12.19-FCC-T-Mobile-Order-and-Consent Decree.pdf
5537/12/202112/11/20142014PointRollConsumer ProtectionConsumer Privacy and Data6$750,000 $750,000 The agreement resolves an investigation concerning whether the company violated consumers' privacy by unlawfully circumventing the privacy settings in Apple Inc.'s Safari Web browsers.PointRoll must also implement a privacy program within six months that will include employee training on the importance of user privacy and how to maintain it. Lastly, PointRoll must ensure that their servers are configured properly as to instruct Safari Web browsers to expire any cookie placed by PointRoll using its browser circumvention technique, if those systems encounter such cookies, for a period of two years.NoneNJNJ, CT, FL, IL, MD, NY553-2014.12.11-Multistate-Point-Roll-Inc.-Assurance-of-Voluntary-Compliance.pdf
5527/12/202112/4/20142014Sirius XMConsumer ProtectionUnauthorized Fees or Service Cancellation Issues45$3,800,000 $3,800,000 Automatic renewals were occurring without consent, consumers said in complaint filings. Unauthorized fees, failure to provide refunds in a timely manner and increased costs after low introductory rates were among the other issues resolved by the settlement.Under the terms of the settlement, Sirius XM has agreed to clearly and conspicuously disclose all terms and conditions at the point of sale, such as billing frequency, term length, automatic renewal date, and cancellation policy. The satellite radio service also agreed to refrain from making misrepresentations about the available plans in advertisements and to provide advance notice via mail or email about upcoming automatic renewals for plans lasting longer than six months. Lastly, Sirius XM will revise the cancellation procedures to make it easier for consumers to cancel.NoneOHCT, AZ, TN, VT, DC, AL, AK, AR, CO, DE, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NC, ND, OK, OR, PA, RI, SC, SD, TX, UT, VA, WA, WV, WI552-2014.12.04-OH-Sirius-XM-Assurance-of-Voluntary-Compliance.PDF
5517/12/202111/25/20142014SymetraConsumer ProtectionConsumer Insurance Practices7$1,200,000 $1,200,000 Symetra becomes the 15th life insurer that has agreed to such reforms when using the database in order to search for deceased policyholders and to make benefit payments.The settlement agreement requires the company to implement the following business practices and reforms: Compare all company records against the DMF Update File every month to identify matches for potential unclaimed death benefits; Report and remit proceeds of unclaimed benefits as unclaimed property to the states within 3-5 years or within the period prescribed by each state's law; Provide quarterly reports to the lead states about the implementation and execution of the requirements of the Agreement for 24 months following its conclusion; Agree to a follow-up examination by the Office to determine compliance 39 months following the conclusion of this Agreement.NoneCACA, FL, IL, NH, ND, PA, WA551-2014.11.25-FL-Symetra-Settlement-Agreement.pdf
5507/12/202111/20/20142014ScoreSenseConsumer ProtectionUnauthorized Fees or Service Cancellation Issues2$22,000,000 $22,000,000 The lawsuit accused ScoreSense of luring consumers with promises of free credit scores. Consumers who tried to get their "free" scores were unwittingly enrolled in credit monitoring programs that cost $29.95 a month.Under the settlement, ScoreSense will not enroll anyone in paid programs unless they check an opt-in box or sign a signature line to be enrolled in a paid program. Additionally, before ScoreSense can bill consumers, it must send them information about its programs, charges and the terms.FTCOH, ILOH, IL550-2014.11.20-Multistate-Score-Sense-Stipulated-Order-and-Permanent-Injunction.pdf
5497/12/202111/13/20142014Sun LifeConsumer ProtectionConsumer Insurance Practices8$3,200,000 $3,200,000 Finance & InsuranceTo settle a multistate investigation into the company's use of the Social Security Administration's Death Master File to settle life insurance claims.Under the terms of the settlement, Sun Life has agreed to compare all company records against the DMF update file every month and against the complete DMF file each year to identify matches for potential unclaimed death benefits. Sun Life must also provide quarterly reports about its efforts to implement the terms of the settlement agreement for 36 months following its conclusion.NoneFLFL, CA, CT, IL, MI, NH, ND, PA549-2014.11.13-FL-Sun-Life-Settlement-Agreement.pdf
5487/12/202110/15/20142014TD BankConsumer ProtectionConsumer Privacy and Data9$850,000 $850,000 Finance & InsuranceResolves an inquiry into a 2012 data breach. The data breach occurred in 2012, when TD Bank reported the loss of unencrypted backup tapes in Massachusetts. The tapes contained 1.4 million files and 1,800 different file types that had been accumulated over a period of 8 to 10 years.TD Bank also agreed to maintain reasonable security policies to protect personal information. The agreement ensures that no backup tapes will be transported unless they are encrypted and all security protocols are complied with. TD Bank will review on a bi-annual basis their existing internal policies regarding the collection, storage and transfer of consumers' personal information and will make changes to better protect such information. TD Bank will also institute further training for its employees.NoneFLCT, FL, ME, MD, NJ, NY, NC, PA, VT548-2014.10.15-Multistate-TD-Bank-Assurance-of-Voluntary-Compliance.pdf522110
5477/12/202110/8/20142014AT&T MobilityConsumer ProtectionUnauthorized Fees or Service Cancellation Issues51$105,000,000 $20,000,000 Wireless Telecommunications CarriersThe settlement resolves allegations that AT&T Mobility placed on consumers' mobile telephone bills charges for third-party services that had not been authorized by consumers, a practice known as "cramming."The settlement also requires AT&T Mobility to take steps designed to ensure that it bills consumers only for third-party charges that have been authorizedFTC; FCCAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC547-2014.10.08-CA-AT-and-T-Mobility-Final-Judgment-and-Permanent-Injunction.pdf517210
5467/12/20218/27/20142014Tyson FoodsAntitrustMerger Review3$0 $0 Animal Slaughtering and ProcessingAccording to the complaint, Tyson and Hillshire compete against each other and against others to procure sows from farmers in the United States. Tyson's proposed acquisition of Hillshire would eliminate head-to head competition between the companies and create a firm that would account for over a third of all sows purchased from farmers in the United States.Tyson Foods Inc. will divest ownership of Heinold Hog Markets, which operates two sow purchasing facilities in Iowa, under a pending agreement with the U.S. Justice Department, Attorney General Tom Miller, and state attorneys general in Illinois and Missouri.DOJIL, IA, MOIL, IA, MO546-2014.08.27-Multistate-Tyson-Foods-Final-Judgement.pdf311615
5457/12/20218/21/20142014Bank of AmericaConsumer ProtectionConsumer Protection Lending Practices6$16,650,000,000 $943,000,000 Finance & InsuranceThe governments settled several of their ongoing civil investigations related to the packaging, marketing, sale, arrangement, structuring and issuance of RMBS, collateralized debt obligations (CDOs), and the bank's practices concerning the underwriting and origination of mortgage loans.Borrower relief will be in the form of mortgage modifications, including first-lien principal and forbearance forgiveness and second-lien extinguishments, low- to moderate-income mortgage originations, and community reinvestment and neighborhood stabilization efforts, with initiatives focused on communities experiencing, or at risk of, urban blight.DOJ; HUD; SEC; FDICNYCA, DE, IL, KY, MD, NY545-2014.08.21-Multistate-Bank-of-America-Settlement-Agreement.pdf522110
5447/12/20218/6/20142014PfizerConsumer ProtectionMarketing and Advertising42$35,000,000 $35,000,000 Pharmaceutical and Medicine Manufacturingto resolve allegations that Wyeth Pharmaceuticals Inc. unlawfully promoted Rapamune, an immunosuppressive drug currently approved by the FDA to prevent organ rejection after kidney transplant surgery.The Proposed Final Judgment, which was submitted today for the Court's consideration, requires Pfizer (and its subsidiary, Wyeth) to ensure that its marketing and promotional practices do not unlawfully promote Rapamune or any other Pfizer product.NoneOR, TXAL, AZ, AR, CO, DE, DC, GA, HI, IN, IA, KS, KY, LA, ME, MA, MI, MN, MS, MO, NE, NV, NH, NJ, NM, ND, OH, OK, SD, TN, UT, VA, WA, WI, OR, TX, PA, CA, FL, IL, MD, NY, NC544-2014.08.06-CO-Pfizer-Settlement-Agreement.pdf325412
5437/12/20217/29/20142014Rome FinanceConsumer ProtectionConsumer Protection Lending Practices13$92,000,000 Other Financial Investment ActivitiesRome Finance, which is based in California and Georgia, allegedly financed consumers' debts for items such as computers, gaming systems, and other goods and services from retailers online or at mall kiosks near military bases. Payments were deducted from the servicemembers' paychecks and were secured with access to bank accounts.The settlement liquidates Rome Finance and its successor corporations, provides $92 million in debt relief to United States servicemembers worldwide, marks all outstanding debt paid with consumer finance reporting agencies, and permanently bans the company from doing business in the field of consumer lending.CFPBNYCO, DE, FL, KY, IN, IA, MA, MI, NC, NY, TN, VT543-2014.07.29-Multistate-Rome-Finance-Settlement-Agreement.pdf523930
5427/12/20217/14/20142014CitigroupConsumer ProtectionConsumer Protection Lending Practices5$7,000,000,000 $291,750,000 Finance & InsuranceThe settlement includes an agreed upon statement of facts that describes how Citigroup made representations to RMBS investors about the quality of the mortgage loans it securitized and sold to investors. Contrary to those representations, Citigroup securitized and sold RMBS with underlying mortgage loans that it knew had material defects.n independent monitor will be appointed to determine whether Citigroup is satisfying its obligations. If Citigroup fails to live up to its agreement by the end of 2018, it must pay liquidated damages in the amount of the shortfall to NeighborWorks America, a non-profit organization and leader in providing affordable housing and facilitating community development.DOJ; FHFA; FBI; SEC; HUDNYCA, NY, IL, MA, DE542-2014.07.14-Multistate-Citigroup-Settlement-Agreement.pdf522110
5417/12/20216/25/20142014The Tax Club, Inc.Consumer ProtectionMarketing and Advertising2$15,600,000 Accounting, Tax Preparation, Bookkeeping, and Payroll ServicesIn the Tax Club case, brought by the FTC and the New York and Florida Attorneys General, operators sold services they allegedly falsely claimed would help consumers' home-based businesses succeed.Under the terms of the judgments, The Tax Club defendants are banned from advertising, marketing, promoting or offering for sale any work-at-home opportunities, credit development services or business coaching services. The defendants must turn over various bank accounts and other assets to satisfy the monetary obligations of the judgments.FTCNY, FLNY, FL541-2014.06.25-Multistate-The-Tax-Club-Inc.-Stipulated-Final-Judgment.pdf541213
5407/12/20216/17/20142014SunTrustConsumer ProtectionConsumer Protection Lending Practices50$968,000,000 Commercial Banking, Consumer Lending, and Mortgage LendingAs part of the settlement, SunTrust has agreed to pay $418 million to resolve its potential liability under the federal False Claims Act for originating and underwriting loans that violated its obligations as a participant in the Federal Housing Administration (FHA) insurance program. As a participant in that program, SunTrust had the authority to originate, underwrite and certify mortgages for FHA insurance.The joint federal-state agreement also requires SunTrust to implement significant changes in how they service mortgage loans, handle foreclosures, and ensure the accuracy of information provided in federal bankruptcy court. The agreement requires new servicing standards which will prevent foreclosure abuses of the past, such as robo-signing, improper documentation and lost paperwork, and create dozens of new consumer protections. The new standards provide for strict oversight of foreclosure processing, including third-party vendors, and new requirements to undertake pre-filing reviews of certain documents filed in bankruptcy court.DOJ; HUD; CFPB540-2014.06.17-Multistate-SunTrust-Consent-Judgment.pdf52211
5397/12/20216/16/20142014AppleAntitrustPrice-Fixing33Computer and Peripheral Equipment ManufacturingAccording to the governments, Apple and the publishers used the contracts to force Amazon, the largest e-book vendor, to change its pricing model. Amazon's electronic versions of best-selling books were selling for $9.99, which was often below cost.-NoneTX, CTTX, CT, AL, AK, AZ, AR, CO, DE, DC, IN, IL, ID, KS, LA, MD, MA, MI, MO, NE, NM, NY, ND, OH, PA, PR, SD, TN, TX, UT, VT, VA, WV, WI334118
5387/12/20216/13/20142014GlaxoSmithKlineConsumer ProtectionMarketing and Advertising45$105,000,000 $105,000,000 Pharmaceutical and Medicine ManufacturingThe AGs charged, among other things, that GSK promoted Advair for treatment of mild and intermittent asthma even though it was approved by the FDA only for treatment of more serious asthma conditions. GSK promoted Wellbutrin for treatment of weight loss and sexual dysfunction through its "happy, horny, skinny pill,"¥ campaign, even though these were unapproved uses. GSK concealed and misrepresented clinical studies that demonstrated Paxil's ineffectiveness in treating children and adolescents with major depressive disorder, as compared to a placebo group, and that demonstrated a connection between Paxil's use and an increased risk of suicidal thoughts and acts in adolescents.On top of the $105 million, the settlement also requires the company to make significant changes in its marketing efforts.NoneOR, ILOR, IL, AL, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IN, IA, KS, KY, ME, MD, MA, MI, MN, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SD, TN, TX, UT, VT, VA, WA, WI, WY325412
5377/12/20216/3/20142014GlaxoSmithKlineConsumer ProtectionMarketing and Advertising7$177,000,000 $177,000,000 Pharmaceutical and Medicine ManufacturingIn the lawsuit, GlaxoSmithKline, the manufacturer of Avandia, was accused of misrepresenting the safety and efficacy of the drug, specifically stating that Avandia reduced adverse cardiac events, when it actually increased them.Under the settlement announced Wednesday, the London-based pharmaceutical also agreed to rules that bar it from paying doctors to promote its products; providing financial incentives that encourage salespeople to market drugs for unapproved uses; marketing drugs using results from inadequate studies or making unapproved claims that a product was "better, more effective, safer or has less serious side effects."NoneKY, MD, MS, NM, SC, UT, WV325412
5367/12/20216/2/20142014Bank of AmericaConsumer ProtectionMarketing and Advertising2$5,300,000 $5,300,000 Finance & InsuranceThe settlement resolved claims regarding Bank of America's deceptive marketing of credit card payment protection plans.-NoneMS, HI522110
5357/12/20215/13/20142014Fortune Hi-Tech MarketingConsumer ProtectionMarketing and Advertising3Printing & Related Support ActivitiesIn January 2013, the FTC and the states charged the Fortune Hi-Tech Marketing (FHTM) defendants with deceiving consumers by claiming they would earn significant income through selling various products and services if they signed up as FHTM representatives. In recent years, the scheme targeted Spanish-speaking and immigrant communities. Participants were required to pay substantial start-up costs and monthly fees to retain their positions with the company.In addition to the multi-level marketing ban, the settlement order permanently prohibits Thomas A. Mills, Fortune Hi-Tech Marketing Inc., FHTM Inc., Alan Clark Holdings LLC, FHTM Canada Inc., and Fortune Network Marketing (UK) Limited from misrepresenting material facts about any product or service, including claims concerning how much money consumers can earn.FTCIL, KY, NCIL, KY, NC535-2014.05.09-Multstate-Fortune-Hi-Tech-Marketing-Stipulated-Order-for-Permanent-Injunction.pdf323119
5347/12/20213/25/20142014Phusion ProjectsConsumer ProtectionMarketing and Advertising20$400,000 $400,000 Beer, Wine, and Distilled Alcoholic Beverage Merchant WholesalersThe multi-state actions announced today resolve allegations that Phusion marketed and sold Four Loko in violation of consumer protection and trade practice statutes.As part of the settlement, Phusion agreed to not manufacture caffeinated alcoholic beverages and reform how it markets and promotes its non-caffeinated flavored malt beverages, including Four Loko.NoneAZ, MDAZ, CT, ID, IL, IN, IA, KS, KY, ME, MD, MA, MS, NM, NY, NC, OH, OR, PA, TN, WA534-2014.03.25-NY-Phusion-Projects-Assurance-of-Voluntary-Compliance.PDF424820
5337/12/20213/19/20142014LSB Industries Inc.EnvironmentAir Pollution Control2$725,000 $362,500 Pesticide, Fertilizer, and Other Agricultural Chemical ManufacturingThe complaint, filed concurrently with the settlement, alleges that the Cherokee, El Dorado and Pryor subsidiaries constructed or made modifications to their plants that resulted in increased emissions of NOx without first obtaining pre-construction permits and installing pollution controls. The complaint does not allege any violations regarding the Texas facility.LSB and its four nitric acid producing subsidiaries will also pay a total penalty of $725,000 to resolve alleged violations of the Clean Air Act and applicable Oklahoma state law. In addition to paying the penalty, the companies must continuously monitor emissions and make any necessary operational improvements such as installing new pollution controls or upgrading current controls to meet the new NOx limits.DOJ; EPAOK, AL533-2014.03.19-Multistate-LSB-Industries-Inc.-Consent-Decree.pdf325311
5327/12/20213/5/20142014Alpha Natural ResourcesEnvironmentWater Pollution Control3$27,500,000 $13,750,000 Mining, Quarrying, and Oil and Gas ExtractionAlpha and its subsidiaries violated Section 301 of the Clean Water Act, and terms and conditions of its National Pollutant Discharge Elimination System (NPDES) permits, issued pursuant to the Clean Water Act Section 402.Agreed to spend an estimated $200 million on installing and operating wastewater treatment systems and implementing comprehensive, system-wide upgrades to reduce discharges of pollution from coal mines in Kentucky, Pennsylvania, Tennessee, Virginia, and West Virginia.EPAWV, PA, KY532-2014.03.05-Multistate-Alpha-Natural-Resources-Consent-Decree.pdf212111
5317/12/20211/21/20142014GenworthConsumer ProtectionConsumer Insurance Practices9$1,900,000 $1,900,000 This settlement with Genworth stems from multi-state market conduct examinations of the forty largest life insurers regarding the timely payment of proceeds to beneficiaries of life insurance policies and annuities.Under the agreement, Genworth will implement business reforms to promote a timely and efficient search for the beneficiaries of both its in-force life insurance policies and annuities using the DMF. Genworth will regularly match all of its insureds and annuitants against the DMF to help promptly identify when an insured has died, to locate and make payment to beneficiaries.NoneILIL, FL, CA, DE, IA, NH, ND, PA, VA531-2014.01.21-FL-Genworth-Settlement-Agreement.pdf
5307/12/202112/31/20132013Service Corporation InternationalAntitrustMerger Review7$337,500 $337,500 Funeral HomesSCI, the nation's largest funeral home chain, sought to acquire Stewart Enterprises, another large funeral home chain. Seven states and the FTC entered into consent agreements with SCI specifying which funeral homes would be divested in 59 separate markets.In a separate consent agreement, SCI agreed to provide the state plaintiffs with the same notices, requirements for approval and compliance review as to divestitures and future acquisitions included in the FTC's consent decree and to pay the state's costs and attorneys' fees..FL, MD, MO, NC, PA, TN, TX812210
5297/12/202112/21/20132013AT&T MobilityConsumer ProtectionUnauthorized Fees or Service Cancellation Issues45$0 $0 TelecommunicationsArose from discussions with T-Mobile, Sprint and AT&T Mobility over the issue of commercial premium short messaging services, which account for the majority of third-party charges on cell phone bills. PSMS represent most mobile cramming complaints.VT, DE, FL, MD, OR, TX, WA517210
5287/12/202112/19/20132013Ocwen Financial Corp.Consumer ProtectionConsumer Protection Lending Practices49$2,100,000,000 Finance & InsuranceAccording to a complaint filed in the U.S. District Court for the District of Columbia, Ocwen's misconduct resulted in premature and unauthorized foreclosures, violations of homeowners' rights and protections, and the use of false and deceptive documents and affidavits, including "robo-signing." The settlement also addresses misconduct by Homeward Residential Inc. and Litton Home Servicing LP which Ocwen acquired.Ocwen commits to $2 billion in first-lien principal reduction; pays $125 million cash to borrowers associated with 183,984 foreclosed loans; Homeowners receive comprehensive new protections from new mortgage loan servicing and foreclosure standards; An independent monitor will oversee implementation of the settlement to ensure compliance; the government can pursue civil claims outside of the agreement, and any criminal case; borrowers and investors can pursue individual, institutional or class action cases regardless of the agreement; Ocwen pays $2.3 million for settlement administration costs.DOJNYAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY528-2013.12.19-Multistate-Ocwen-Financial-Services-Settlement-Agreement.pdf522292
5277/12/202112/16/20132013U.S. FidelisConsumer ProtectionConsumer Protection Lending Practices4$9,300,000 $9,300,000 Repair & MaintenanceResolves allegations of illegal telemarketing, robocalls, deceptive solicitations and misleading television ads.WA, TX, MO, OH811111
5267/12/202112/10/20132013Lincoln National Life Insurance Co.Consumer ProtectionConsumer Insurance Practices8$12,600,000 $12,600,000 Finance & InsuranceThe settlement agreement with Lincoln and other similar insurers focuses primarily on the asymmetrical use of the Social Security Administration's Death Master File (DMF) to cease making annuity payments, but not to search for beneficiaries of a life insurance policy who may be due benefits.The settlement agreement requires implementation of the following business practices and reform measures: Compare all company records against the DMF Update File every month and against the complete DMF file at least annually from the Agreement effective date; Provide quarterly reports to the lead states about the implementation and execution of the requirements of the Agreement for 36 months following its conclusion; A follow-up examination to determine compliance 39 months following the conclusion of this Agreement.PAFL, CA, IL, IN, IA, NH, ND, PA524113
5257/12/202111/25/20132013Midland Life Insurance Co.Consumer ProtectionConsumer Insurance Practices7$3,300,000 $3,300,000 Finance & InsuranceThe settlement agreement with Midland and other similar insurers focuses primarily on the asymmetrical use of the Social Security Administration's Death Master File (DMF) to cease making annuity payments, but not to search for beneficiaries of a life insurance policy who may be due benefits.The settlement agreement requires implementation of the following business practices and reform measures: Compare all company records against the DMF Update File every month and against the complete DMF file at least annually; Provide quarterly reports to the lead states about the implementation and execution of the requirements of the Agreement for 36 months following its conclusion; A follow-up examination to determine compliance 39 months following the conclusion of this Agreement.ILFL, CA, IL, IA, NH, ND, PA525-2013.11.25-FL-Midland-Settlement-Agreement.pdf524113
5247/12/202111/21/20132013Aviva Life & Annunity Co.Consumer ProtectionConsumer Insurance Practices7$4,000,000 $4,000,000 Finance & InsuranceThe settlement agreement with Aviva and other similar insurers focuses primarily on the asymmetrical use of the Social Security Administration's Death Master File (DMF) to cease making annuity payments, but not to search for beneficiaries of a life insurance policy who may be due benefits.The settlement agreement requires implementation of the following business practices and reform measures: Compare all company records against the DMF Update File every month and against the complete DMF file at least annually from the Agreement effective date; Provide quarterly reports to the lead states about the implementation and execution of the requirements of the Agreement for 36 months following its conclusion; A follow-up examination to determine compliance 39 months following the conclusion of this Agreement.ILFL, CA, IL, IA, NH, ND, PA524-2013.11.21-Multistate-Aviva-Life-and-AnnunityCo.-Regulatory-Settlement-Agreement.pdf524113
5237/12/202111/19/20132013JP Morgan ChaseConsumer ProtectionConsumer Protection Lending Practices5$13,000,000,000 $1,067,000,000 Finance & InsuranceInvestigation arose out of the packaging, marketing, sale and issuance of residential mortgage-backed securities (RMBS) by JPMorgan, Bear Stearns and Washington Mutual prior to Jan. 1, 2009.An independent monitor has been appointed to ensure compliance by the bank, which has agreed to complete the consumer-focused efforts by the end of 2017.DOJCA, DE, IL, NY, MACA, DE, IL, NY, MA523-2013.11.19-Multistate-JP-Morgan-Chase-Settlement-Agreement.pdf522110
5227/12/202111/18/20132013GoogleConsumer ProtectionInternet Safety and Related Issues38$17,000,000 $17,000,000 TelecommunicationsSettles claims that the company violated consumer privacy by placing unauthorized cookies on computers using certain Apple Safari web browsers in 2011 and 2012.Google also agreed Monday to injunctive relief that requires it to take certain actions, including improving the information it provides about cookies.NY, CT, FL, IL, OH, MD, NJ, TX, VT, WANY, CT, FL, IL, OH, MD, NJ, TX, VT, WA, AL, AZ, AR, CA, DC, IN, IA, KS, KY, ME, MA, MI, MN, MS, NE, NV, NM, NC, ND, OK, OR, PA, RI, SC, SD, TN, VA, WA522-2013.11.18-Multistate-Google-Assurance-of-Voluntary-Compliance.pdf517110
5217/12/202111/12/20132013CA TechnologiesConsumer ProtectionConsumer Protection Other8$11,000,000 $11,000,000 Software PublishersAllegations that the software giant violated the federal False Claims Act and similar state and local statutes through the fraudulent billing of hundreds of public agencies on software maintenance renewal contracts from 2001 through 2009.This agreement represents a new approach in which multiple states work together to bring about a collective settlement under their False Claims Acts outside the health care area.NY, ILCA, FL, HI, IL, MA, NY, NV, VA521-2013.11.12-Multistate-CA-Technologies-Settlement-Agreement.pdf511210
5207/12/202111/12/20132013U.S. AirwaysAntitrustMerger Review8$0 $0 Scheduled Passenger Air TransportationUS DOJ and plaintiff states filed a complaint in federal court challenging the proposed merger between American Airlines and U.S. Airways. The complaint alleged the proposed merger would result in decreased competition, higher airfares and fees, reduced service and downgraded amenities.The settlement reached by the states requires maintenance of existing hubs in those states, consistent with their historical operations, for three years, and continued daily service for five years to each airport in the affected states that American and US Airways serviced at the time of filing.DOJAZ, DC, FL, MI, PA, TN, TX, VA481111
5197/12/202110/24/20132013New York Life Insurance Co.Consumer ProtectionConsumer Insurance Practices6$15,000,000 $15,000,000 Finance & InsuranceThe major focus of this settlement is the insurers' asymmetrical use of the U.S. Social Security Death Master File (DMF) and the insurers' practice of using it to stop paying annuities, but not to search for beneficiaries of a life insurance policy to determine if benefits are due. As part of the settlement agreement, insurers are now required to use the DMF in locating beneficiaries and must promptly remit payment to the unclaimed property division of each state for beneficiaries that cannot be located.As part of the agreement, New York Life agreed to: Compare all company records against the DMF Update File every month and against the Complete DMF file at least annually from the Agreement effective date; Provide the lead states quarterly reports about the implementation and execution of the requirements of the Agreement for 36 months following its conclusion; A follow-up examination to determine compliance 39 months following the conclusion of this Agreement.FLIL, FL, CA, NC, PA, NH524113
5187/12/202110/10/20132013AffinionConsumer ProtectionUnauthorized Fees or Service Cancellation Issues47$30,000,000 $30,000,000 Business Support ServicesConsumers complaining to the States have alleged that Affinion charged them for services without consumers' authorization or knowledge, and, once consumers learned they were being charged, some had trouble canceling or getting a refund. Other consumers were confused about who Affinion was because the offers looked like they came from Affinion's marketing partners, which usually were banks or retailers with which the consumers did business.The settlement also requires Affinion to substantially change its business model by requiring Affinion and its subsidiaries to, among other things: clearly and conspicuously disclose all material terms to consumers who enroll in its membership programs, including that the memberships may change from free trials to monthly payments; only enroll consumers into its membership programs who agree to sign up; send consumers periodic notices informing them that they are being charged for the memberships; and make it easier for consumers to cancel their memberships.ORAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MA, MD, MI, MN, MS, MO, MY, NE, NV, NH, NJ, NM, NC, ND, OH, OK, OR, PA, RI, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY541990
5177/12/20219/11/20132013Transamerica Life Insurance Co.Consumer ProtectionConsumer Insurance Practices6$137,000,000 Finance & InsuranceThe settlement concentrates on the insurers' asymmetrical use of the U.S. Social Security Death Master File (DMF) and the practice of using it to stop paying a deceased person's annuity, but not using it to search for beneficiaries of a life insurance policy to determine if benefits were due.As part of the agreement, Transamerica agreed to: Compare all company records against the DMF Update File every month and against the Complete DMF file at least annually from the Agreement effective date. Provide the lead states quarterly reports about the implementation and execution of the requirements of the Agreement for 36 months following its conclusion. A follow-up examination to determine compliance 39 months following the conclusion of this Agreement.FLIL, FL, CA, NC, PA, NH524113
5167/12/20218/26/20132013UBS Financial ServicesConsumer ProtectionConsumer Protection Other53$4,580,000 $4,580,000 Finance & InsuranceOver a six-year period, UBS allegedly employed client services associates who accepted orders from clients without being registered with the New Jersey Bureau of Securities. UBS also allegedly failed to provide adequate supervision to the client services associates who took client orders.UBS also agreed to revise its client transaction processes and supervisory procedures to correct the alleged violations.NJAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC, PR, VI516-2013.08.26-NJ-UBS-Financial-Services-Administrative-Consent-Order.pdf523120
5157/12/20218/19/20132013ING Life InsuranceConsumer ProtectionConsumer Insurance Practices6$10,700,000 Finance & InsuranceING has represented that since 2002 it has cross checked its system with the DMF on a monthly basis to review certain annuities that were paying proceeds to owners or annuitants, in order to prevent overpayments and fraud, and to pay any remaining amounts due to beneficiaries. ING represents that it subsequently expanded its use of the DMF.As part of the agreement, ING agreed to: Compare all company records against the DMF Update File every month and against the Complete DMF file at least annually from the Agreement effective date; Provide the lead states quarterly reports about the implementation and execution of the requirements of the Agreement for 36 months following its conclusion. Allow the lead states to conduct a follow-up examination to determine compliance 39 months following the conclusion of this Agreement.FLCA, FL, IL, NH, ND, PA515-2013.08.19-Multisttae-ING-Life-Insurance-Regulatory-Settlement-Agreement.pdf524113
5147/12/20217/23/20132013Lafarge North AmericaEnvironmentAir Pollution Control8$1,500,000 Nonmetallic Mineral Mining and QuarryingThis amendment to an earlier settlement provides Lafarge until July 1, 2016, to construct the new kiln and to shut down the two old kilns. In return for the extension of time, Lafarge has committed to interim air pollution limits at the existing kilns intended to result in the same or more reductions as would have been required by the original agreement and to fund $1.5 million in additional projects to reduce air pollution in the local community.The new air pollution reduction projects that Lafarge has committed to funding include replacement of an old locomotive engine at the Ravena facility with a new, more efficient and less polluting one at a cost of approximately $600,000. The remaining $900,000 will be provided to New York State to fund energy efficiency or pollution reduction projects in the community around the Ravena plant.EPAAL, IL, IA, KS, MI, MO, NY, OH514-2013.07.23-Multistate-Lafarge-North-America-Consent-Decree.pdf327390
5137/12/20216/27/20132013SunCoke EnergyEnvironmentAir Pollution Control2$1,995,000 $725,000 Petroleum & Coal Products ManufacturingResolves alleged Clean Air Act violations of emission limits at the Gateway Energy and Coke plant in Granite City, Ill., and the Haverhill Coke plant in Franklin Furnace, Ohio.The companies will spend approximately $100 million at the two heat-recovery coking facilities to install equipment known as heat-recovery steam generators to ensure that hot coking gases are routed to pollution control equipment and not vented directly into the atmosphere. If future emissions exceed the requisite threshold at a third facility, in Middletown, Ohio, then SunCoke will have to install an additional HRSG at that facility to prevent uncontrolled venting of coking gases. Further, the companies have agreed to accept more stringent emission limits than required in their current permits for SO2 and particulate matter.EPAOH, IL513-2013.06.26-Multistate-Sun-Coke-Energy-Consent-Decree.pdf324199
5127/12/20216/25/20132013TIAA-CREF Life Insurance CoConsumer ProtectionConsumer Insurance Practices6Finance & InsuranceThe settlements relate to TIAA's appropriate use of the U.S. Social Security Death Master File to locate beneficiaries and quickly remitting payment to the unclaimed property division of each state for beneficiaries that cannot be located.As part of the agreement, TIAA agreed to:Perform comparisons of all insureds in its company records against the complete DMF within 12 months from the Agreement effective date, and continue this practice on a monthly basis; Provide the lead states quarterly reports about the implementation and execution of the requirements of the Agreement for 36 months following its conclusion; Allow the lead states to conduct a follow-up examination to determine compliance 39 months following the conclusion of this Agreement.FLCA, FL, IL, NH, ND, PA512-2013.06.25-FL-TIAA-CREF-Life-Insurance-Co.-Settlement-Agreement.pdf524113
5117/12/20216/19/20132013Ash Grove CementEnvironmentAir Pollution Control8$2,500,000 $834,000 Cement ManufacturingThe settlement is part of EPA's national enforcement initiative to control harmful air pollution from the largest sources of emissions, including portland cement manufacturing facilities. This is also the first settlement with a cement manufacturer that requires injunctive relief and emission limits for PM. SO2 and NOx, two key pollutants emitted from cement plants, can harm human health and are significant contributors to acid rain, smog, and haze.Ash Grove Cement Company has agreed to pay a $2.5 million penalty and invest approximately $30 million in pollution control technology at its nine Portland cement manufacturing plants to resolve alleged violations of the Clean Air Act.DOJ; EPAAR, KS, NE, ID, WA, OR, MT, UT511-2013.06.13-Multistate-Ash-Grove-Cement-Consent-Decree.pdf327310
5097/12/20215/22/20132013PenguinAntitrustPrice-Fixing33$75,000,000 $75,000,000 Publishing IndustriesThe States undertook a two-year investigation into allegations that the defendants conspired to raise e-book prices. Retailers had long sold e-books through a traditional wholesale distribution model, under which retailers, not publishers, set e-books' sales prices. The states alleged that Penguin, Simon & Schuster and Macmillan conspired with other publishers and Apple to artificially raise prices by imposing a distribution model in which the publishers set the prices for bestsellers at $12.99 and $14.99.-TX, CTAL, AK, AZ, AR, CO, CT, DE, DC, ID, IL, IN, IA, KS, LA, MD, MA, MI, MO, NE, NM, NY, ND, OH, PA, PR, SD, TN, TX, UT, VT, VA, WV, WI511130
5087/12/20215/15/20132013GenOn Power Generation LLCEnvironmentAir Pollution Control2$1,000,000 $1,000,000 UtilitiesResolves a lawsuit filed by New Jersey and Connecticut seeking to enforce the federal Clean Air Act and reduce air pollution emissions by two coal-fired generating units at the Portland Generating Station in eastern Pennsylvania.Among other terms, the settlement requires the plant owners to: Except as essential to maintain reliability of the electric grid, stop burning coal in Units 1 and 2, which have a combined generating capacity of 401 megawatts, by June 1, 2014; Comply with a final EPA rule requiring significant reductions in sulfur dioxide emissions from the units to help meet national ambient air quality standards for sulfur dioxide in New Jersey. Meeting those reductions will require the units to install major new pollution controls, switch to natural gas as a fuel or cease operation in January 2015.NJCT, NJ508-2013.05.15-NJ-GenOn-Power-Consent-Decree.pdf221119
5077/12/20215/13/20132013RanbaxyConsumer ProtectionDefective or Unsafe Products30$500,000,000 $266,729,715 Pharmaceutical and Medicine ManufacturingA whistleblower's complaint alleged that Ranbaxy knowingly manufactured, distributed and sold generic pharmaceutical products in the United States and that the strength, purity and quality of those drugs fell below standards required by the FDA. The products at issue consisted of 26 generic pharmaceutical drugs manufactured at Ranbaxy's facilities in India at various times between April 1, 2003 and September 16, 2010.DOJNY, CA, SC, MD, ORAR, CA, DE, FL, HI, IL, LA, MA, NH, NM, NV, TN, TX, UT, VA, DC, GA, IN, MI, MT, NJ, NY, OK, WI, CO, CT, IA, MD, SC, OR325412
5067/12/20214/30/20132013ISO-New EnglandConsumer ProtectionConsumer Protection Other4Business AssociationsNew England's grid operator and attorneys general, regulators and consumer advocates in four states have settled a dispute over the regional agency's proposed budget.New procedures will be established to allow Connecticut's Public Utilities Regulatory Authority (PURA), its five New England counterparts, and other state agencies in New England to review and provide feedback when ISO proposes its annual budget.CTCT, NH, ME, RI813910
5057/12/20214/17/20132013Bank of AmericaConsumer ProtectionConsumer Protection Lending Practices2$500,000,000 Finance & InsuranceThe lawsuit alleged that Countrywide's ability to originate residential mortgages on such a massive scale was facilitated, in large part, by its ability to rapidly package -- or "securitize" -- those loans and then, through the activities of the underwriter defendants, sell them to investors as purportedly investment grade mortgage-backed securities. The suit says that Countrywide provided documents that falsely claimed that all the mortgage loans held in the investment fund met accepted underwriting standards for evaluating prospective buyers' credit history and ability to repay the loan.OR, MEOR, ME522110
5037/12/20213/12/20132013GoogleConsumer ProtectionInternet Safety and Related Issues39$7,000,000 $7,000,000 TelecommunicationsBetween 2008 and March 2010, Google Street View vehicles collected network identification information for use in future geolocation services, collecting and storing data frames and other payload data that consumers transmitted over unsecured personal and business wireless networks. Payload data can include user passwords, emails and browsing activity.Under the terms of the agreement announced Tuesday, Google must conduct employee training on privacy and confidentiality of user data for at least 10 years, conduct a public service advertising campaign to educate consumers on securing their personal information on wireless networks, pay $7 million to 38 states and the District of Columbia, and not collect any additional information without notice and consent.CTIL, AK, AR, AZ, CA, CO, CT, DE, DC, FL, HI, IA, KS, KY, LA, ME, MD, MA, MI, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, RI, SC, TN, TX, VT, VA, WA503-2013.03.12-Multistate-Google-Assurance-of-Voluntary-Compliance.pdf517110
5027/12/20212/25/20132013American Electric PowerEnvironmentAir Pollution Control8$8,500,000 $6,000,000 UtilitiesEnforcement efforts directed at polluting power plants began in 1999, largely in the Midwest and Southeast where plants operated without proper controls in violation of the federal New Source Review (NSR) program under the federal Clean Air Act.Under the terms of the consent decree, AEP and its subsidiaries must meet more stringent emissions reductions of sulfur dioxide at its plants east of the Mississippi River, reduce its total SO2 emissions by approximately 90 percent from its baseline emissions prior to a 2007 air pollution settlement, pay $6 million to fund environmental mitigation programs in eight states and pay $2.5 million in mitigation funds to citizen groups in Indiana.MAMD, VT, RI, NY, NJ, NH, MA, CT502-2013.02.22Multistate-American-Electric-Power-Third-Modified-Consent-Decree.pdf221122
5017/12/20212/14/20132013MacmillanAntitrustPrice-Fixing33$26,000,000 $26,000,000 Publishing IndustriesThe States undertook a two-year investigation into allegations that the defendants conspired to raise e-book prices. Retailers had long sold e-books through a traditional wholesale distribution model, under which retailers, not publishers, set e-books' sales prices. The states alleged that Penguin, Simon & Schuster and Macmillan conspired with other publishers and Apple to artificially raise prices by imposing a distribution model in which the publishers set the prices for bestsellers at $12.99 and $14.99.The terms of the Macmillan settlement, which is subject to court approval, mirror those agreed to by the other publishers. Macmillan will immediately lift restrictions it has imposed on discounting and other promotions by e-book retailers. Reduced prices could be available to consumers as early as next Monday. The company will be prohibited until December 2014 from entering into new agreements with similar restrictions. The publisher must also notify the government in advance about any e-book ventures it plans with other publishers. And for five years, it will be prohibited from agreeing to any kind of so-called most-favored nation clause with any retailer, meaning that no other retailer is allowed to sell e-books for a lower price.CT, TXAL, AK, AZ, AR, CO, CT, DE, DC, ID, IL, IN, IA, KS, LA, MD, MA, MI, MO, NE, NM, NY, ND, OH, PA, PR, SD, TN, TX, UT, VT, VA, WV, WI511130
5007/12/20212/14/20132013ToyotaConsumer ProtectionDefective or Unsafe Products30$29,000,000 $29,000,000 Motor Vehicle ManufacturingThe states alleged that Toyota engaged in deceptive and unfair practices when it failed to disclose known safety defects with accelerator pedals in a timely fashion. A complaint filed along with the settlement agreement alleged that poor communication between Toyota's headquarters in Japan and Toyota's United States holdings was responsible in part for the failure to report the known safety issues more quickly.Under the terms of the settlement, Toyota will significantly change the safety culture within its United States operations, ensuring that U.S. officials have timely access to information and the authority to participate fully in decisions related to the safe operation of Toyota vehicles advertised and sold in the U.S.NJAL, AS, AZ, AR, CO, CT, FL, IL, IA, KS, LA, MD, MI, MN, MS, NE, NV, NJ, NM, NC, OH, OR, PA, RI, SC, TN, TX, VA, WA, WI500-2013.02.14-WA-Toyota-Stipulated-Final-Judgment.pdf336111
4997/12/20211/29/20132013Lender Processing ServicesConsumer ProtectionConsumer Protection Lending Practices45$127,000,000 $127,000,000 Business Support ServicesThe proposed consent judgment resolves allegations that the Jacksonville-based company, which primarily provides technological support to banks and mortgage loan servicers, robo-signed documents and engaged in other improper conduct related to mortgage loan default servicing.Under the terms of the proposed settlement, LPS and its subsidiaries would be required to institute business practice reforms and correct documents it executed, if necessary. The consent judgment would also prohibit signature by unauthorized employees or people without first-hand knowledge of facts stated in the documents, require enhanced oversight of provided default services, and require a review of all third-party fees to make sure that fees are reasonably and accurately earned.FL, ILAL, AK, AR, CA, CT, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MN, MS, MT, NE, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC499-2013.01.29-OH-Lender-Processing-Services-Consent-Judgment.pdf561499
4977/12/202112/12/20122012PfizerConsumer ProtectionMarketing and Advertising33$42,900,000 $42,900,000 Pharmaceutical and Medicine ManufacturingAttorneys general alleged the company promoted Zyvox as a superior medication to vancomycin, an antibiotic used by physicians for decades, without scientific evidence to back up that claim and without disclosing critical safety information for patients.Under the settlement, Pfizer must reform how it markets and promotes Zyvox and Lyrica. The company must not make any false, misleading or deceptive claims when comparing the efficacy or safety of Zyvox to vancomycin or promote any Pfizer product for off-label uses. The settlement also requires Pfizer to bar financial incentives for employees based upon improper marketing of Zyvox and Lyrica, and the company must promptly notify its sales force of any warning letter received from the FDA that affects sales representatives in their promotion of Pfizer products.TXIL, AL, AZ, AR, CA, CO, DE, DC, FL, HI, ID, IN, KS, KY, MD, MI, MT, NE, NV, NJ, NM, NC, OH, PA, RI, SC, SD, TN, TX, VT, WA, VA, WI497-2012.12.12-NJ-Pfizer-Consent-Judgment.pdf325412
4967/12/202111/15/20122012GlaxoSmithKlineConsumer ProtectionMarketing and Advertising38$90,000,000 $90,000,000 Pharmaceutical and Medicine ManufacturingThe states allege the company failed to disclose negative information about Avendia's cardiovascular health effects.Under the terms of the agreement, GSK will make several changes related to its promotion of diabetes drugs, including that the company may no longer claim that its diabetes drugs are safer than other manufacturers' drugs unless it can support the claims with substantial clinical experience or evidence. The judgment also requires that GSK post summaries of all GSK-sponsored observational studies or meta-analyses that the company conducts that are meant to inform the public and the medical community that the diabetes drugs are safe, effective or appropriate for use in diabetic patients and must post accurate summaries of GSK-sponsored clinical trials of any diabetes products within eight months of the primary completion date.FL, AZ, IL, MD, PA, OR, TN, TX, AL, AK, AR, CA, CO, CT, DE, DC, HI, ID, IA, KS, ME, MA, MI, MN, MO, MT, NE, NV, NJ, NC, ND, OH, OK, RI, SD, VT, WA, WI496-2012.11.15-IA-GlaxoSmithKline-Consent-Judgment.pdf325412
4957/12/202110/22/20122012AIG CompaniesConsumer ProtectionConsumer Insurance Practices6Finance & InsuranceThe agreement is the fifth agreement that states have settled that requires large national insurers to appropriately use the U.S. Social Security Death Master File (DMF) to locate life and annuity beneficiaries, and promptly remit payment to the unclaimed property division of each state for beneficiaries that cannot be located.The settlement agreement requires AIG to regularly to check the Social Security Administration's Death Master File to determine whether any of its life insurance policyholders, owners of annuities, and holders of retained asset accounts have died. A thorough search for beneficiaries must use all contact information in its records and online search and locator tools. If beneficiaries cannot be located, AIG must turn the proceeds owed to beneficiaries over to the states as required by state unclaimed property laws.FLPA, NH, ND, IL, CA, FL524113
4947/12/202110/11/20122012Nationwide Insurance CompaniesConsumer ProtectionConsumer Insurance Practices6Finance & InsuranceThe settlement with Nationwide is the third life claim settlement agreement reached for states a and stems from the industry's practice of using the Social Security Administration's Death Master File to discontinue a recipient's annuity payments, but not using the same file to determine that death benefits are owed after the deaths of insured individuals.The company must restore the full value of impacted accounts; Fully comply with California's unclaimed property laws and cooperate with the Controller's efforts to reunite millions of dollars in death benefits and matured annuities and other policies with their owners or, in many cases, the owners' heirs; Use the date of death as reflected in the Social Security Administration's Death Master File to establish the start of the three-year unclaimed property dormancy period.FLPA, NH, ND, IL, CA, FL494-2012.10.11-Multistate-Nationwide-Insurance-Companies-Regulatory-Settlement-Agreement.pdf524113
4937/12/20218/30/20122012Janssen PharmaceuticalsConsumer ProtectionMarketing and Advertising37$181,000,000 $181,000,000 Pharmaceutical and Medicine ManufacturingThe state alleged in a lawsuit filed today by the Office of Consumer Protection that Janssen improperly marketed Risperdal, Risperdal Consta, Risperdal M-Tab and Invega for off-label uses to geriatric and pediatric groupsFor five years, the company must make various additional disclosures; not promote its atypical anti psychotics using selected symptoms of the FDA-approved diagnoses unless certain disclosures are made regarding the approved diagnoses; require its scientifically trained personnel, rather that its sales and marketing personnel, to develop the medical content of scientific communications to address requests for information from health care providers regarding Janssen's atypical anti psychotics; not use grants to promote its atypical anti psychotics nor condition medical education funding on Janssen's approval of speakers or program content.FLIA, FL, DC, AL, AR, CO, CT, DE, HI, ID, IL, IN, KS, ME, MD, MI, MN, MO, NE, NV, NH, NJ, NY, NC, ND, OH, OK, OR, PA, RI, SD, TN, TX, VT, WA, WI, WY493-2012.08.30-IA-Janssen-Pharmaceuticals-Consent-Judgment.pdf325412
4927/12/20218/29/20122012HarperCollins PublishingAntitrustPrice-Fixing32$69,000,000 $69,000,000 Publishing IndustriesIn that civil legal action, the defendants are charged with conspir[ing] and agree[ing] to increase retail e-book prices for all consumers and agree[ing] to eliminate e-book retail price competition between e-book outlets, such that retail prices to consumers would be the same regardless of the outlet patronized by the consumer.CT, TXAL, AK, AZ, AR, DC, CO, CT, DE, LA, KS, IA, ID, IL, IN, MD, MA, MI, NE, NM, NY, ND, OH, PA, PR, SD, TN, TX, UT, VT, VA, WV, WI511130
4917/12/20218/27/20122012Allianz Life Insurance CompanyConsumer ProtectionConsumer Insurance Practices35$10,000,000 $10,000,000 Finance & InsuranceThe states launched a probe after some consumers who purchased fixed annuities from 2001 to 2008 complained to Allianz regarding the annuities' suitability for their circumstances or representations made by Allianz or its agents during the sale of an annuity.IA, FL, MN, MOAK, CT, DC, GA, ID, IL, KS, KY, LA, MD, MA, MI, MS, MT, NE, NV, NJ, NC, ND, OH, OK, OR, PA, RI, SC, SD, TX, VA, WA, WV, WY, IA, FL, MN, MO524113
4907/12/20217/19/20122012U.S. FidelisConsumer ProtectionConsumer Protection Lending Practices12$13,000,000 $13,000,000 Repair & MaintenanceThe agreement resolves charges filed in April 2010. Darian and Cory Atkinson allegedly peddled service contracts through automated and prerecorded telephone calls known as robocalls, misleading television advertisements and deceptive junk mail. The company allegedly misled consumers into thinking their auto warranties expired or that the warranties would soon expire. U.S. Fidelis allegedly led consumers to believe that they were being contacted by an entity affiliated with their original vehicle warranty.Establishes a $14.1 million Consumer Restitution Fund to provide compensation to eligible consumers who submit a valid proof of claim with the bankruptcy court.MO, OH, TX, WAIA, AR, ID, KS, MO, NC, OH, OR, PA, TX, WA, WI811111
4897/12/20217/12/20122012AU Optronics Corp.AntitrustPrice-Fixing8$571,000,000 $27,500,000 Computer & Electronic Product ManufacturingSchneiderman alleged AU Optronics, LC Display and Toshiba illegally conspired to raise prices for LCD screens used in televisions, computer monitors and laptops.The defendants also agreed to engage in antitrust compliance programs.AR, CA, FL, MI, MO, NY, WV, WI334419
4887/12/20217/10/20122012TD AmeritradeAntitrustAntitrust Other3Finance & InsuranceThe multi-state matter is meant to determine if several retail securities brokers and firms engaged in collusive conduct in executing their orders on an exchange. The possible collusion could have hindered competition in the retail brokerage industry.The company also agreed to create and implement an antitrust compliance policy and training program for TD Ameritrade employees.CT, IA, MO523120
4877/12/202111/30/20216/27/20122012QuinStreet, Inc.Consumer ProtectionConsumer Protection Other20$2,500,000 $2,500,000 Professional, Scientific, & Technical ServicesQuinStreet Inc. operates websites that generate leads, particularly for the for-profit education industry. The sites listed schools that were eligible for the GI Bill and allegedly gave the impression that the veterans could only use their education benefits at the schools listed. The list allegedly only consisted of QuinStreet clients, which were mostly for-profit colleges.All of QuinStreet's education-related websites will have disclosures that clarify that listed schools are advertisers or pay to appear on the sites. QuinStreet will no longer be able to make claims that the information presented on the site is "neutral" or "unbiased" or that schools are "top" or "best" unless the information comes from an independent source. The attorneys general will monitor sites owned by QuinStreet going forward to ensure compliance with the settlement.IL, IA, KY, MA, NV, NC, OR, TNAL, AZ, AR, DE, FL, ID, IL, IA, KY, MA, MS, MO, NY, NV, NC, OH, OR, SC, TN, WV487-2012.06.27-Multistate-QuinStreet-Assurance-of-Voluntary-Compliance.pdf541613
4867/12/20216/22/20122012Toll BrothersEnvironmentWater Pollution Control2$741,000 $39,053 ConstructionToll Brothers allegedly violated storm water permitting and management requirements at its construction sites.Under the settlement, Toll Brothers will invest in a company-wide stormwater compliance program to improve employee training and increase management oversight at all current and future residential construction sites in 23 states across the nation. The company is required to inspect its current and future construction sites routinely to minimize stormwater runoff from sites.EPAMD, VA486-2012.06.22-Multistate-Toll-Brothers-Consent-Decree.pdf236117
4857/12/20215/16/20122012SketchersConsumer ProtectionMarketing and Advertising45$45,000,000 $5,000,000 Apparel ManufacturingThe lawsuits allege that Skechers made unsubstantiated health-related claims when marketing, packaging, offering, advertising and selling its line up of rocker-bottom shoe products, including Tone-ups, Shape-ups and the Skechers Resistance Runner. Skechers allegedly claimed its products caused consumers to fight cellulite, firm, tone or strengthen thigh, buttock and back muscles, burn calories, improve circulation and lose weight.As part of the settlement, Skechers is prohibited from making such claims without adequate substantiation and consumers may be eligible for partial refunds.FTCOH, TNAL, AK, AR, AZ, CA, CO, CT, DE, DC, FL, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OK, OR, PA, RI, SC, SD, TN, VT, VA, WA, WV, WI, OH, HI, GA485-2012.05.16-CT-Sketchers-Stipulated-Judgment.pdf448210
4847/12/20215/7/20122012Abbott LaboratoriesConsumer ProtectionMarketing and Advertising46$100,000,000 $100,000,000 Pharmaceutical and Medicine ManufacturingThe states alleged the company deliberately opted to bypass the regulatory approval process and instead promoted off-label uses, including as treatments for schizophrenia, dementia and autism, when medical studies failed to adequately prove the drug to be effective for these conditions.Under the settlement, Abbott Laboratories is: prohibited from making false or misleading claims about Depakote, prohibited from promoting Depakote for off-label uses, and required to ensure financial incentives on sales do not promote off-label uses of Depakote. In addition, for a five-year period Abbott must: limit the creation and use of responses to requests by physicians for non-promotional information about off-label uses of Depakote, limit dissemination of reprints of clinical studies relating to off-label uses of Depakote,limit use of grants and Continuing Medical Education activities regarding Depakote, disclose payments to physicians, and register and disclose clinical trials.DOJORAL, AK, AZ, AR, CA, CO, CT, FL, HI, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, DC484-2012.05.12-IA-Abbott-Labs-Consent-Judgment.pdf325412
4837/12/20214/23/20122012MetLifeConsumer ProtectionConsumer Insurance Practices6$40,000,000 $40,000,000 Finance & InsuranceThe settlement resolves issues pertaining to life and annuity beneficiaries and the reporting of unclaimed property. Under the terms of the agreement, MetLife agreed to do frequent comparisons of its policyholder information with its death master file.As part of the agreement, MetLife will adopt business reforms to improve efforts to locate policyholders and beneficiaries within 120 days of an insured's death, conduct quarterly matches for a year and monthly matches against the death master file to check for evidence that a MetLife policy holder may have died, and to search for insureds or beneficiaries of industrial or low-value life policies that were sold in the early 1900s through 1964. If MetLife discovers that a policyholder has died, it will conduct a thorough search for the beneficiaries using mail, telephone calls, email and databases.PA, NH, ND, IL, CA, FLPA, NH, ND, IL, CA, FL483-2012.04.23-Multistate-MetLife-Regulatory-Settlement-Agreement.pdf524113
4827/12/20212/17/20122012MOEX Offshore 2007 LLCEnvironmentWater Pollution Control5$90,000,000 $25,000,000 Petroleum & Coal Products ManufacturingThis Clean Water Act case emerged out of the Deepwater Horizon oil spill in the Gulf of Mexico.MOEX Offshore has also agreed to secure and protect properties of ecological significance for the Gulf habitats.EPA; DOJ; US Coast GuardLA, AL, TX, FL, MS482-2012.02.17-Multistate-MOEX-Offshore-Consent-Decree.pdf324110
4817/12/20212/9/20122012Wells FargoConsumer ProtectionConsumer Protection Lending Practices49$25,000,000,000 $4,250,000,000 Finance & InsuranceThe agreement settles state and federal investigations finding that the country's five largest mortgage servicers routinely signed foreclosure related documents outside the presence of a notary public and without really knowing whether the facts they contained were correct.Under the agreement, the five servicers have agreed to a $25 billion penalty under a joint state-national settlement structure. This agreement creates dozens of new consumer protections. The protections range from requiring a single point of contact for borrowers, establishing case review and paperwork processing requirements and deadlines, and restricting practices such as "dual tracking" (when banks pursue a loan modification while simultaneously pursuing a foreclosure). For the first time, state attorneys general will establish an independent monitor over federally chartered banks for purposes of overseeing the terms of this agreement.DOJ; other federal agenciesIAAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY481-2012.02.09-Multistate-Wells-Fargo-Consent-Judgement.pdf522110
4807/12/20212/6/20122012NCO Financial SystemsConsumer ProtectionDebt Collection Practices19$575,000 $575,000 Collection AgenciesThe multi-state effort arose from numerous complaints about NCO's debt collection practices, including failing to verify disputed debts, making excessive numbers of calls to debtors, attempting to collect debts for which the statute of limitations had expired, and improperly disclosing information to third parties.Under the terms of the agreement, NCOF must provide notice to consumers about their debt collection rights under state and federal law, comply with the federal Fair Credit Reporting Act, the federal Fair Debt Collection Practices Act and all applicable state laws, monitor compliance, including monitoring and training its independent contractors and representatives, create written procedures and policies for handling complaints for consumers, and submit compliance reports to the states every six months for 18 months.OHAK, AR, ID, IL, IA, LA, MI, NE, NV, NM, NC, ND, KY, OH, OR, RI, SC, VT, WI480-2012.02.06-Multistate-NCO-Financial-Systems-Assurance-of-Discontinuance.pdf561440
4797/12/20212/2/20122012PrudentialConsumer ProtectionConsumer Insurance Practices6$17,000,000 $17,000,000 Finance & InsuranceFor several years, Prudential has used the Death Master List to make life insurance payments when it has found that an annuity holder has died or when it has a precise match to name, social security number, and date of birth. Under this agreement, Prudential has committed to building a system to match inexact data, to search for beneficiaries if they find a match, and to do these matches more often.Prudential will overhaul its computer system and revise its business practices to better utilize the Social Security Administration's death master list to identify life insurance beneficiaries who have not filed a claim after a policyholder's death.FLPA, NH, ND, IL, CA, FL479-2012.02.02-FL-Prudential-Settlement-Agreement.pdf524113
4787/12/20211/31/20122012AventisAntitrustMonopolization35$3,450,000 Pharmaceutical and Medicine ManufacturingThe two companies allegedly delayed a competitor, Barr Laboratories, from selling generic versions of DDAVP by making materially misleading statements to the U.S. Patent Office.AK, AZ, AR, CO, CT, DE, DC, ID, IL, IN, IA, KS, LA, MD, MN, MI, MO, NE, NM, NY, NC, OK, SC, SD, TN, TX, UT, VT, VA, WA, CA, MS, MT, NV, OR325412
4777/12/202112/27/20112011HitachiAntitrustPrice-Fixing8$538,000,000 $37,000,000 Computer & Electronic Product ManufacturingThe companies are accused of colluding to fix prices for thin film transistor LCD panels, which are used in a variety of consumer products including computer screens and flat-panel televisions.The companies have also agreed to participate in antitrust compliance programs and to cooperate in government antitrust prosecutions involving the high-tech industry.FL, NY, MI, MO, AR, WV, CA, WI334419
4767/12/202112/23/20112011GE Funding Capital MarketsAntitrustBid-Rigging24$70,000,000 $34,250,000 Finance & InsuranceThe states' investigation developed evidence that certain traders at GE Funding, in concert with certain brokers, engaged in conduct that allowed the broker to determine in advance that GE Funding would win a bid for a guaranteed investment contract by allowing GE Funding to receive a last look, and arranging for other financial institutions to submit purposely non-winning courtesy bids. On many occasions, due to the last look, GE Funding was able to lower its bid to the issuer and still win the transaction.DOJ; SEC; IRSCT, NYAL, CO, CT, DC, FL, ID, IL, IA, KS, MD, MA, MI, MO, MT, NV, NY, NC, OH, OR, PA, SC, TN, TX, WI476-2011.12.23-SEC-GE-Funding-Capital-Markets-Final-Judgment.pdf523120
4757/12/202112/19/20112011AT&TAntitrustMerger Review8$0 $0 TelecommunicationsAT&T sought to acquire T-Mobile. The transaction would have combined two of the only four wireless carriers with nationwide networks. US DOJ and six states filed suite to block the merger.The parties abandoned the merger.DOJCA, IL, MA, NY, OH, PA, PR, WA475-2011.12.19-FTC-AT&T-Consent-Decree.pdf517110
4747/12/202112/7/20112011Wachovia BankAntitrustBid-Rigging22$148,000,000 $58,750,000 Finance & InsuranceThis is part of an ongoing national investigation of alleged anticompetitive and fraudulent conduct in the municipal bond derivatives industry. It has revealed collusive and deceptive conduct involving individuals at Wachovia and other financial institutions, and certain brokers with whom they had working relationships. The wrongful conduct took the form of bid-rigging, submission of non-competitive courtesy bids and submission of fraudulent certifications of compliance to government agencies, among others.DOJ; SEC; IRSCT, NYAL, CA, CO, CT, DC, FL, IL, KS, MD, MA, MI, MO, MT, NV, NJ, NY, NC, OH, OR, PA, SC, TX474-2011.12.08-Multistate-Wachovia-Bank-Settlement-Agreement.pdf522110
4737/12/202112/1/20112011Lafarge North AmericaEnvironmentWater Pollution Control2$8,000,000 Mining, Quarrying, and Oil and Gas ExtractionThe violations involved storm water discharges at 21 facilities in Alabama, Colorado, Georgia, Maryland, and New York. According to the EPA, because they come from concrete manufacturing facilities, such discharges can have a significant impact on water quality. Storm water discharges can carry debris, sediment and pollutants, including pesticides, petroleum products, chemicals and solvents.Lafarge will implement a nationwide evaluation and compliance program at 189 of its similar facilities in the United States to ensure they meet Clean Water Act requirements. Lafarge will also pay a penalty of $740,000 and implement two supplemental environmental projects, in which the company will complete conservation easements to protect approximately 166 acres in Maryland and Colorado. The company must also identify an environmental vice president, responsible for coordinating oversight of compliance with storm water requirements, at least two environmental directors, to oversee storm water compliance at each operation, and an onsite operations manager at each facility.EPAMD, CO473-2011.12.01-Multistate-Lafarge-North-America-Consent-Decree.pdf327390
4727/12/202110/7/20112011Ryland GroupEnvironmentWater Pollution Control7$625,000 ConstructionThe alleged violations include failure to obtain permits until after construction began, failing to obtain permits at all, or failing to comply with permit requirements at sites where Ryland did obtain permits. Alleged permit violations include not developing complete stormwater pollution prevention plans, failure to conduct adequate inspections, and failure to install or implement adequate stormwater controls or practices.Ryland will also invest in compliance programs to improve employee training and increase management oversight at all current and future construction sites. The company is required to inspect its current and future construction sites routinely to minimize stormwater runoff from sites.EPACO, FL, IL, IN, MD, NV, VA472-2011.10.07-Multistate-Ryland-Group-Consent-Decree.pdf236117
4717/12/20219/12/20112011Grant Writers Institute, LLCConsumer ProtectionMarketing and Advertising4$0 $0 TelecommunicationsThe investigation began following allegations that the company falsely promised consumers "guaranteed" grants from the federal government.FTCKS, IL, MN, NC541860
4707/12/20217/28/20112011Kane Capital Strategies, IncAntitrustBid-Rigging24$250,000 $250,000 Finance & InsuranceAccording to the settlement, between 2001 and 2006 Martin Kanefsky (former CEO of the now defunct company) acting as a broker, entered into municipal derivative contracts, solicited and received intentionally losing bids for certain investment agreements. Kanefsky allegedly gave coconspirators at major financial institutions who were bidding on the investment agreements information about the prices, price levels or conditions in competitors' bids, a practice known as last look.As part of the settlement Kanefsky will pay $250,000 in restitution to affected state agencies and municipalities.CT, MAAL, CA, CO, FL, ID, KS, MD, MA, MI, MO, MT, NV, NJ, NC, OH, OR, PA, SC, TN, WI, CT, NY, TX, DC523110
4697/12/20217/7/20112011JP Morgan Chase & CoAntitrustBid-Rigging20$211,000,000 $75,000,000 Finance & InsuranceJP Morgan Chase has admitted that one of its divisions rigged dozens of bidding competitions to win business from state and local governments. The company made at least 93 secret deals with companies that handled the bidding processes in 31 states. Those deals allowed the bank to peek at competitors' offers.Nearly a quarter of the money will go toward settling civil fraud charges brought by the SEC. A large portion will be divided among states, in part to pay restitution to victims of the fraud.SEC; IRSCT, IL, NY, TXAL, CA, CO, FL, ID, KS, MD, MA, MI, MO, MT, NV, NJ, NC, OH, OR, PA, SC, TN, WI469-2011.07.07-Multistate-JP-Morgan-Chase-Settlement-Agreement.pdf522110
4687/12/20216/23/20112011GlaxoSmithKlineConsumer ProtectionDefective or Unsafe Products38$40,750,000 $40,750,000 Pharmaceutical and Medicine ManufacturingThe federal investigation began after a company quality assurance manager reported to the Food and Drug Administration that she had found numerous violations at the Puerto Rico plant, such as a contaminated water system and an air system that allowed for cross-contamination between different products manufactured there. Federal prosecutors alleged the company let a number of drugs made at the plant be adulterated between 2001 and 2005, including Kytril, an anti-nausea drug used to treat cancer patients; the popular antidepressant Paxil CR; diabetes drug Avandamet; and the antibiotic Bactroban.As a result of the settlement, GSK and SB Pharmco are enjoined from making false, misleading or deceptive claims regarding the manufacturing of all drugs formerly manufactured at the Cidra facility, regardless of where these drugs are now produced. In addition, the companies must not misrepresent those drugs' characteristics, or cause likelihood of confusion or of misunderstanding about the way in which they are manufactured.FDAIL, ORAL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, HI, ID, IL, IA, KS, KY, ME, MD, MA, MI, MO, MT, NE, NV, NJ, NC, ND, OH, OR, PA, RI, SD, TN, TX, VT, WA, WV, WI325412
4677/12/20216/23/20112011General MotorsEnvironmentEnvironmental Bankruptcy12$2,845,000 $2,845,000 Motor Vehicle ManufacturingFor years, Old GM manufactured automobiles with mercury switches. The settlement will fund Old GMs share of the costs of collecting mercury switches from old cars that are scrapped at the end of their useful life. The settlement is the result of a claim AG filed in Old GMs bankruptcy case. The claim asserted that Old GM had the legal obligation to fund a program to collect, recover, and recycle mercury switches from its cars.As a result of the settlement, Old GM agreed to a claim of $2,845,000 to resolve the claims of 12 states. The money will be paid to End-of-Life-Vehicle Solutions, Inc. (ELVS), a not-for-profit corporation that operates the National Vehicle Mercury Switch Recovery Program, a voluntary, national program established in 2006 by the United States EPA, automobile manufacturers, and related industries. In a separate agreement, the company now known as General Motors Company (New GM), committed to making an additional contribution of $4.5 million to the recovery program to cover Old GMs share of the national program costs through 2017.MAAR, IA, IL, MD, NJ, RI, MA, IN, ME, MO, NC, VT336111
4667/12/20216/20/20112011American Electric PowerEnvironmentAir Pollution Control6$0 $0 UtilitiesThe challengers sought to have the courts hold TVA and the companies jointly liable for creating a public nuisance, and permanent court orders to require each to abate the nuisance by capping carbon dioxide emissions and then reducing them by specific percentage goals each year for at least ten years.An equally divided Court affirmed the Second Circuit's exercise of jurisdiction; four members of the Court would hold that at least some plaintiffs have standing to bring the lawsuit. The Clean Air Act and the Environmental Protection Agency's implementation of the Act displace any federal common-law right to seek abatement of carbon dioxide emissions from fossil-fuel fired power plants.OppositionCTCT, NY, CA, IA, RI, VT221122
4657/12/20215/18/20112011Mahard Egg FarmEnvironmentWater Pollution Control2$1,900,000 Poultry and Egg ProductionMahard's poultry operations generated significant amounts of manure -- estimated to be in excess of 50,000 tons of dry manure per year. Mahard applied poultry manure to its agricultural fields in excess of the agronomic rates, resulting in the accumulation of large amounts of nutrients in the soils.The settlement mandates the performance of specific requirements, such as proper lagoon closures, groundwater monitoring, and the construction and maintenance of buffer strips along area waterways within the facility boundaries. It also requires on-going land restoration and management measures, such as restrictions on the land application of manure and on livestock grazing.EPA; DOJTX, OK465-2011.05.18-Multistate-Mahard-Egg-Farm-Consent-Decree.pdf112310
4647/12/20215/18/20112011John HancockConsumer ProtectionConsumer Insurance Practices6$3,000,000 $3,000,000 Finance & InsuranceThis settlement concludes the first investigation of an industry practice involving the selective use of the Death Master File from the U.S. Social Security Administration.FLPA, NH, ND, IL, CA, FL464-2011.05.18-FL-John-Hancock-Settlement-Agreement.pdf524113
4637/12/20215/17/20112011Circle K Stores, IncConsumer ProtectionTobacco40$225,000 $225,000 Retail TradeThe settlement is designed to prevent the sale of tobacco products to underage buyers.The Assurance of Voluntary Compliance with Circle K includes the following terms (among others) relative to tobacco sales and marketing: Identification must be checked on all persons who appear to be under 30 to protect against mistakes by clerks in evaluating a person's age by appearance alone. In-store advertising of tobacco must be limited in ways intended to reduce the effect on young people, and outdoor advertising is to be eliminated at stores within 500 feet of playgrounds or schools. Employee training will focus on the mechanics of eliminating underage tobacco sales, and will also emphasize the serious health issues that give rise to the legal efforts to restrict youth access to tobacco. Circle K will test itself on the effectiveness of its own safeguards against underage sales by conducting "mystery shopper" compliance checks at 500 of its stores every six months.AL, AK, AZ, AR, CA, CT, DE, FL, GA, HI, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MS, MT, NV, NH, NJ, NM, NY, OH, OK, OR, PA, RI, TX, TN, UT, VT, VA, WA, WY, DC463-2011.05.17-Multistate-Circle-K-Stores-Inc-Assurance-of-Voluntary-Compliance.pdf445120
4627/12/20215/5/20112011Hollywood VideoConsumer ProtectionUnauthorized Fees or Service Cancellation Issues51$0 $0 Retail TradeAfter Hollywood Video and Movie Gallery stores closed their doors, former customers throughout the nation began complaining of collection notices added to their credit files without any warning. Not only did customers balk at excessive fees and damaged credit scores, but many claimed they didn't owe the money in the first place.Under the settlement, the trustee agreed to: - Rescind all negative information submitted to any credit agency or bureau related to the accounts of customers in participating states; additionally, no further credit reports will be submitted. - Not collect any fees or interest charges that were added to the principal debt amount. Not bill customers for both a late fee and the full price of items that were supposedly not returned. For accounts that include both a late fee and a charge for a damaged, late, or never-returned product, the collection agency will only pursue the lesser charge. - Comply with the Fair Debt Collection Practices Act. - Assist the attorneys general in any effort to recover collection fees that were improperly paid by customers.WAAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC462-2011.05.05-MT-Hollywood-Video-Settlement-Agreement-and-Release.pdf532230
4617/12/20215/4/20112011Union Bank of Switzerland (UBS)AntitrustBid-Rigging25$90,800,000 $90,800,000 Finance & InsuranceSettlement addresses Swiss bank UBS's involvement in a nationwide scheme to rig bids and engage in other anti-competitive conduct in connection with the sale of municipal bond derivatives to state agencies, municipalities, school districts and not-for-profit entities who issued municipal bonds.DOJ; SEC; IRSNY, CTAL, CA, CO, CT, DC, FL, ID, IL, KS, MD, MA, MI, MO, MT, NV, NJ, NY, NC, OH, OR, PA, SC, TN, TX, WI461-2011.05.04-Multistate-Union-Bank-of-Switzerland-Settlement-Agreement.pdf522110
4607/12/20214/19/20112011Terra IndustriesEnvironmentAir Pollution Control3$625,000 $300,000 Chemical ManufacturingThe complaint alleges that Terra Industries conducted modifications that triggered New Source Review (NSR), Prevention of Significant Deterioration (PSD), and/or New Source Performance Standard (NSPS) obligations under the federal rules for the pollutant nitrogen oxides (NOx). Each nitric acid plant should have complied with the NSR and/or PSD requirements, by applying for and receiving a NSR and/or PSD Permit under its applicable State Implementation Plan (SIP), and had these requirements incorporated into its Title V permit. The complaint alleges that some of Terra's plants also should have complied with the NSPS for Nitric Acid Production Plants at 40 C.F.R. Part 60 Subpart G.As part of the settlement, Terra will also spend an estimated $17 million to install and implement new controls and technologies that are expected to reduce harmful nitrogen oxide emissions at its facilities by at least 1,200 tons per year.EPA; DOJOK, MS, IA460-2011.04.19-Multistate-Terra-Industries-Consent-Decree.pdf325320
4597/12/20214/14/20112011Tennessee Valley AuthorityEnvironmentAir Pollution Control4This settlement resolves all past preconstruction violations as well as alleged violations of the New Source Performance Standards program and Title V of the CAA as of the date Federal Facilities Compliance Agreement (Compliance Agreement) is signed by both EPA and TVA.Overall, the agreement will result in immediate actions for additional emission reductions at TVA's 11-coal-fired power plants and the retirement of 18 older units at some of these plants. TVA commits to continue to reduce emissions at its 59 coal-fired power generating units by installing new or improved equipment. The 18 units to be retired include six units at the Widows Creek Fossil Plant in Jackson County, Alabama, as well as others in middle and eastern Tennessee. Additional controls to be placed upon units that remain in operation are expected to cost the TVA from $3 to $6 billion.EPAAL, KY, TN, NC459-2011.04.14-Multistate-Tennessee-Valley-Authority-Consent-Agreement-and-Final-Order.pdf
4587/12/20213/28/20112011Dean Foods Co.AntitrustMerger Review3$0 $0 Food ManufacturingIn April 2009, Dean acquired Foremost's consumer products division, including its dairy-processing plants in Waukesha and De Pere, Wis. The department learned of the transaction, which was below the threshold price to be reported under the premerger notification law, shortly after it was completed. The DOJ and the state attorneys general filed a lawsuit alleging the acquisition would eliminate substantial competition between the two companies in the sale of milk to schools, grocery stores, convenience stores and other retailers in Illinois, Michigan and Wisconsin.Dean must divest a milk-processing plant in Waukesha, Wis., and related assets, including the Golden Guernsey brand name.DOJWI, IL, MI458-2011.03.28-Multistate-Dean-Foods-Co.-Final-Judgment.pdf311512
4577/12/20213/24/20112011Action Integrated Marketing Inc.Consumer ProtectionConsumer Protection Lending Practices10$150,000 $150,000 Advertising and Related ServicesThe states found AIM falsely advertised to consumers that its sales events included repossessed or governmental surplus vehicles when in reality the cars sold at these events originated from a dealership's existing inventory. AIM advertised its promotions on television and radio or in newspapers and on the Internet.The states' settlement prohibits the defendants from these false advertising claims and bars AIM from selling auto advertising promotions that include credit terms that do not disclose term limits.PATN, IL, GA, ID, KY, NC, OH, OR, PA, WA541870
4567/12/20213/10/20112011AstraZenecaConsumer ProtectionMarketing and Advertising38$68,500,000 $68,500,000 Pharmaceutical and Medicine ManufacturingStates alleged that salespeople for AstraZeneca promoted its anti-psychotic Seoquel for off-label/ or unapproved uses, and did not disclose side effects of the pill, which include weight gain and muscle spasms.AstraZeneca must publish any gifts or payments to physicians on a public website. The company also agreed to make sure that payment incentives to sales representatives do not encourage off-label promotion.FL, ILIL, FL, AZ, CA, CO, CT, DE, DC, HI, ID, IA, KS, LA, ME, MD, MA, MI, MN, MO, NE, NV, NH, NJ, NY, NC, ND, OH, OK, OR, PA, RI, SD, TN, TX, VT, WA, WV, WI456-2011.03.10-NJ-AstraZeneca-Final-Consent-Judgment.pdf325412
4557/12/20213/1/20112011Arch CoalEnvironmentWater Pollution Control2$4,000,000 $2,000,000 Mining, Quarrying, and Oil and Gas ExtractionThe violations alleged in the complaint consist of National Pollution Discharge Elimination System (NPDES) permit limit exceedances for manganese, total suspended solids (TSS), pH , iron, aluminum, and selenium. The violations occurred from January 2003 to December 2010.Under the settlement, Arch Coal will implement changes to its mining operations in Virginia, West Virginia and Kentucky to ensure compliance with the Clean Water Act.EPAWV, KY455-2011.03.01-Multisttae-Arch-Coal-Consent-Decree.pdf212111
4547/12/20211/18/20112011ComcastAntitrustMerger Review5$0 $0 BroadcastingSettlement places conditions on the $30 billion joint venture between of Comcast and NBC Universal to safeguard innovation and protect consumer choice.The settlement prohibits Comcast/NBC Universal from withholding its content from competitors, including other cable companies and Internet providers, who control the "pipes" to consumers. It prevents Comcast/NBC Universal from unfairly raising the price for its content to other cable companies or Internet providers, which could have the subsequent result of these companies raising pay television prices for their viewers. It also prevents Comcast/NBC Universal from restricting or degrading access of its content to other cable companies or Internet Providers. Comcast must relinquish all control over Hulu.com, and it must continue to supply NBC content to the website.DOJCAWA, TX, FL, MO, CA454-2011.01.18-Multistate-Comcast-Final-Judgment.pdf515210
4537/12/20211/5/20112011FacebookConsumer ProtectionConsumer Protection Other14$0 $0 Internet Service Providers, Web Search Portals, & Data ProcessingPublic agencies faced issues with the service agreement when using the Facebook site.Facebook specifically agreed to modify the provisions of its terms and conditions to: Strike the indemnity clause except to the extent indemnity is allowed by a state's constitution or law; Strike language requiring legal disputes be handled in California courts and adjudicated under California law; Require a public agency include language directing consumers to its official website prominently on any Facebook page; and Encourage amicable resolution between public entities and Facebook over any disputes.COCO, AK, AR, CT, DE, ID, MA, MS, ND, OH, OK, OR, SC, UT519130
4527/12/202112/15/20102010DannonConsumer ProtectionMarketing and Advertising39$21,000,000 $21,000,000 Food ManufacturingThe AGs alleged that Dannon's claims when it advertised, marketed, packaged and sold Activia and DanActive were not backed by competent and reliable scientific evidence at that time. Specificially, the states alleged that Dannon misleadingly claimed consuming Activia would regulate the digestive system due to a bacterial strain with purported probiotic benefits. DanActive was marketed as a drink that would build immunity and prevent people from catching a cold or the flu. In reality, these claims were not backed by adequate scientific proof.The settlement terms limit the claims that Dannon can make regarding the covered products; specifically, Dannon may not represent that these Dannon products can prevent, treat, cure or mitigate disease. Additionally, Dannon must possess competent and reliable scientific evidence to support otherwise permissible claims about the health benefits, performance, efficacy or safety of its probiotic food products.FTCOR, TNAK, AZ, AR, CO, CT, DE, FL, HI, ID, IL, IN, KS, KY, LA, ME, MD, MA, MI, MO, MT, NE, NV, NH, NJ, NM, NC, OH, OK, OR, PA, RI, SC, SD, TN, TX, VT, WA, WV, WI452-2010.12.15-NJ-Dannon-Final-Consent-Judgment.pdf311510
4517/12/202112/14/20102010DirecTVConsumer ProtectionUnauthorized Fees or Service Cancellation Issues49$13,250,000 $13,250,000 BroadcastingAttorneys general launched their investigation into DIRECTV after receiving numerous complaints from consumers about billing problems, programming problems and DIRECTV's practice of charging early termination fees after consumers cancelled their service.Under the settlement, DIRECTV must: Clearly disclose all material terms to consumers; Replace leased equipment that is defective free of charge except for shipping costs; Stop the practice of requiring consumers to enter into an additional contract when DIRECTV simply replaced defective equipment; Clearly disclose when a consumer is entering into a contract; Clearly notify consumers before they are obligated to pay for a seasonal sports package; Clearly disclose all limitations on the availability of local channels; Stop the practice of misrepresenting the availability of sports programming; Stop promising cash back when consumers actually get a bill credit; and Clearly notify consumers that they will be charged a cancellation or equipment fee at least 10 days before charging the fee.TNAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WV, WI, WY451-2010.12.14-KS-DirecTV-Consent-Judgment.pdf515210
4507/12/202112/6/20102010Bank of AmericaAntitrustBid-Rigging20$137,000,000 $67,000,000 Finance & InsuranceAlleged that it participated in a nationwide scheme to allegedly rig bids and engage in other anticompetitive conduct relating to municipal bond derivatives that defrauded state agencies, local governmental entities and not-for-profit entities.The multistate settlement is part of a $137 million settlement Bank of America entered into simultaneously with the federal agencies.Under the agreement, Bank of America must provide the Attorneys General with written standards of conduct with respect to antitrust and unfair trade practices and provide a copy to employees. Bank of America has represented that it has terminated its illegal conduct, and must also cooperate with the ongoing investigation of the Attorneys General into municipal bond derivatives.DOJ; SEC; IRS; Federal Reserve; Comptroller of CurrencyNY, TX, IL, CTCT, AL, CA, FL, IL, KS, MD, MA, MI, MO, MT, NV, NJ, NY, NC, OH, OR, PA, SC, TX450-2010.12.07-Multistate-Bank-of-America-Settlement-Agreement.pdf522110
4497/12/202112/2/20102010Beazer Homes USAEnvironmentWater Pollution Control7$925,000 $193,664 ConstructionResolves alleged Clean Water Act violations at its construction sites in 21 states.The settlement requires Beazer to develop improved pollution prevention plans for each construction site, conduct additional site inspections, and promptly correct any problems detected. The company must properly train construction managers and contractors and designate trained staff for each site. Beazer must also implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA.DOJ; EPACO, FL, IN, MD, NV, TN, VA449-2010.12.02-Multistate-Beazer-Homes-USA-Consent-Decree.pdf236116
4487/12/202111/23/20102010Tronox, Inc.EnvironmentEnvironmental Bankruptcy22$270,000,000 $0 Chemical ManufacturingSoils, sediments and water bodies in the vicinity are contaminated with high levels of mercury, lead and other heavy metals due to the munitions operations that occurred at the site since World War I, it was alleged.The money will be used to reimburse the state for past and future cleanups of the site, which contains high levels of mercury, lead and other heavy metals.SeveralMA, AL, FL, GA, ID, IL, IN, IA, KS, LA, MS, MO, NV, NJ, NY, NC, OH, OK, PA, TN, TX, WI448-2010.11.23-Multistate-Tronox-Inc.-Proposed-Consent-Decree.pdf325131
4477/12/202111/8/20102010U.S. FidelisConsumer ProtectionConsumer Protection Lending Practices11$22,500,000 $22,500,000 Repair & MaintenanceU.S. Fidelis - the largest seller of extended vehicle warranties in the United States before its collapse and bankruptcy in early 2010 - was accused of numerous unfair and deceptive business practices involving car warranties.The Atkinson brothers agreed to surrender at least 90% of their assets. Additionally, the Atkinsons are permanently prohibited from telemarketing in Pennsylvania, or any of the other states involved in the settlement, and they may not be involved in the mass marketing or sale of vehicle service contracts.WAAR, ID, IA, KS, NC, OH, OR, PA, TX, WA, WI447-2010.11.08-WA-U.S.-Fidelis-Consent-Judgment-and-Permanent-Injunction.pdf811111
4467/12/202111/4/20102010AscendOneConsumer ProtectionConsumer Protection Lending Practices21$4,500,000 $4,500,000 Finance & InsuranceAttorneys general alleged the company and its owner, Bernaldo Dancel, misled consumers into believing they would receive debt management services from nonprofit organizations when, in fact, AscendOne performed the services. The states also alleged that consumers frequently did not receive promised credit counseling and that some did not benefit at all from the debt management plans.The agreement prohibits the defendants from misrepresenting that their services are performed by a nonprofit agency, the purpose of required fees and the impact that entering into a debt management plan may have on a consumer's credit history. Prior to enrolling a consumer in a debt management plan, the defendants must ensure the consumer can afford the plan and arrange credit counseling.MDAZ, AR, CA, DE, DC, ID, IN, MD, MA, MO, MT, NV, NM, NC, OH, OR, PA, TN, TX, WA, WV446-2010.11.04-AZ-AscendOne-Consent-Judgment.pdf812990
4457/12/202110/26/20102010Bayer Corp.Consumer ProtectionMarketing and Advertising3$3,300,000 $3,300,000 Pharmaceutical and Medicine ManufacturingThr complaint alleges that Bayer knew, or should have known, that its advertisements made misleading claims about the mineral selenium, which is found in its One-A-Day Men's Health Formula and One-A-Day Men's 50+ multivitamins. The ads claimed that "emerging research" suggested selenium may reduce the risk of prostate cancer.Under terms of the agreement, unless Bayer can back up its claims with competent and reliable scientific evidence, it may not market its One a Day Men's products as preventing prostate cancer or any other disease. The settlement further ensures that Bayer not make representations that its multivitamins are effective in the diagnosis, cure, mitigation, treatment or prevention of any disease unless the claim comports with applicable federal law and regulations, is non-misleading and Bayer possesses and relies upon competent and reliable scientific evidence in making the claim. If Bayer does make any such claim and has the proof to back it up, it must also continue to monitor the claim to ensure that it remains accurate and make changes to its promotion and packaging within a reasonable time if necessary.CA, IL, ORCA, IL, OR445-2010.10.26-CA-Bayer-Corp.-Final-Judgment.pdf325412
4447/12/202110/19/20102010General MotorsEnvironmentEnvironmental Bankruptcy14$773,000,000 $0 Motor Vehicle ManufacturingThe former General Motors Corporation allegedly engaged had environmental liabilities under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act and state environmental laws.The agreement calls for Old GM to pay nearly $641.4 million and contribute additional non-cash assets, estimated at around $120 million, for the cleanup and administration of 89 properties and sites. Of those, 59 are known to have been contaminated with hazardous substances or waste. The agreement further calls for an environmental response bankruptcy trust to be established to take ownership and possession of the 89 properties and the funding provided to clean the properties up, administer them and return them to beneficial use.DE, IL, IN, KS, LA, MA, MI, MO, NJ, NY, OH, PA, VA, WI444-2010.10.19-Multistate-General-Motors-Consent-Decree-and-Settlement-Agreement.pdf336111
4437/12/202110/6/20102010Wells FargoConsumer ProtectionConsumer Protection Lending Practices8$24,000,000 $24,000,000 Finance & InsuranceThe deal settles accusations that World Savings and Wachovia misrepresented and failed to disclose material terms to consumers who took out adjustable rate mortgages, known as Pick-a-Pay loans.In addition to paying damages and fees to the eight participating states, Wells Fargo has agreed to provide loan modifications to borrowers that are 60 days or more delinquent or in danger of imminent default prior to June 30, 2013. Wells Fargo will be handling the modifications directly for Pick-a-Pay borrowers that are behind on their mortgages. Wells Fargo has agreed to spend an estimated $772 million modifying mortgages for borrowers in eight states.AZAZ, CO, FL, IL, NV, NJ, TX, WA443-2010.10.05)-NJ-Wells-Fargo-Assurance.pdf522110
4427/12/202110/4/20102010VisaAntitrustAntitrust Other7$0 $0 Finance & InsuranceAmerican Express, Visa and MasterCard allegedly impose restraints on merchants that keep information about cheaper payment methods such as cash or credit cards that offer lower transaction fees to businesses from their customers.According to a DOJ news release, the proposed settlement requires MasterCard and Visa to allow their merchants to: Offer consumers an immediate discount or rebate or a free or discounted product or service for using a particular credit card network, low-cost card within that network or other form of payment; Express a preference for the use of a particular credit card network, low-cost card within that network or other form of payment; Promote a particular credit card network, low-cost card within that network or other form of payment through posted information or other communications to consumers; and Communicate to consumers the cost incurred by the merchant when a consumer uses a particular credit card network, type of card within that network, or other form of payment.DOJCT, IA, MD, MI, MO, OH, TX522320
4417/12/20219/28/20102010Murphy Oil USAEnvironmentAir Pollution Control2$144,500,000 $400,000 Petroleum & Coal Products ManufacturingThe complaint alleges violations of Clean Air Act requirements covering the four main sources of emissions sulfur dioxide (SO2), nitrogen oxides (NOx), volatile organic compounds (VOCs) and benzene at each of the refineries.EPAWI, LA324110
4407/12/20219/9/20102010Publishers Clearing HouseConsumer ProtectionMarketing and Advertising33$3,500,000 $3,500,000 Nonstore RetailersSettled allegations that Publishers Clearing House violated a 2001 consent decree prohibiting it from using false and deceptive trade practices to entice consumers to participate in its sweepstakes.Publishers Clearing House has agreed to: Change the language the company uses in its mailings that insinuated that the more consumers spend with Publishers Clearing House the more likely they are to win prizes; Not use some specific tactics, such as telling a recipient that his or her entry code has a "key code" for the winning entry; Cease using the tactic of sending a communication from the "Board of Judges" to indicate that the recipient is close to winning; and, Hire an ombudsman to review the company's solicitations on a quarterly basis.ORAK, AZ, CO, DE, DC, FL, GA, HI, ID, IL, MD, MI, MS, MO, NE, NM, NC, ND, OK, OR, NV, NC, PA, RI, SC, SD, TN, TX, VT, VA, WA, WV, WI440-2010.09.09-OR-Publishers-Clearing-House-Stipulated-Supplemental-Judgment.pdf541860
4397/12/20219/8/20102010Derrelle JaneyConsumer ProtectionMarketing and Advertising7$625,000 $625,000 Personal and Laundry ServicesDerrelle Janey was president of Your Money Access, LLC from 2003 to 2006. According to a 2007 complaint filed by the FTC and states, the company processed unauthorized debits on behalf of deceptive telemarketers and Internet-based schemes that were violating the FTC's Telemarketing Sales Rule and state and federal consumer protection laws. The company allegedly played a critical role in helping many of its clients carry out these schemes by providing access to the banking system and the means to extract money from consumers' bank accounts.Under the settlement order, Janey is banned from participating in processing payments debited from consumers' bank accounts, and permanently prohibited from knowingly aiding anyone who is violating the Telemarketing Sales Rule.FTCIL, IA, NV, NC, ND, OH, VT439-2010.09.07-Multistate-Derrelle-Janey-Stipulated-Final-Order.pdf
4387/12/20219/7/20102010CraigslistConsumer ProtectionInternet Safety and Related Issues17$0 $0 InformationThe AGs had sent a letter to Craigslist asking them to remove the adult services portion of their website.Craigslist agreed to censor its adult services section.CTAR, CT, ID, IL, IA, KS, MD, MI, MS, MO, NH, OH, RI, SC, TN, TX, VA519130
4377/12/20218/9/20102010Topix.comConsumer ProtectionInternet Safety and Related Issues34$0 $0 InformationTopix also has removed the "flagging" option for reporting abusive posts. The option was ineffective and confusing for consumers as it required multiple users to "flag" a post before it was reviewed. As a result, many inappropriate posts consumers thought they had reported were never reviewed.This is an agreement with Internet message board host Topix.com to improve consumer protections and eliminate the $19.99 fee to expedite review of abusive or inappropriate posts. As part of the settlement, all reports of abuse on the Palo Alto, California-based Web site will be reviewed free of charge. Topix also has removed the "flagging" option for reporting abusive posts. Pursuant to the settlement, Topix has agreed to: Cooperate with law enforcement agencies in combating unlawful activity on its Web site; Consult on an as-needed basis with the attorneys general to discuss issues of concern, including responsiveness to abuse reports and other consumer complaints; and, Continue to explore new technology and processes for preventing misuse of its site.KY, CT, NEAZ, AR, CO, CT, FL, GU, HI, IL, IN, IA, KS, KY, LA, ME, MD, MS, MT, NE, NM, NV, ND, NH, MP, OH, OK, PR, RI, SD, TN, UT, VT, VA, WA, WV437-2010.08.09-Multistate-Topix.com-Joint-Statement.pdf519190
4367/12/20217/14/20102010McWane, Inc.EnvironmentAir Pollution Control2$4,000,000 $527,211 Primary Metal ManufacturingAs a result of its manufacturing processes, McWane emits pollutants, such as particulate matter, volatile organic compounds (VOCs) and mercury at various facilities. The settlement resolves civil violations during the past decade of the Clean Air Act the Clean Water Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act, the Toxic Substances Control Act, the Safe Drinking Water Act, and the Comprehensive Environmental Response, Compensation and Liability Act.As a result of this agreement, McWane has completely re-engineered its environmental management systems to ensure that it remains in compliance, and has committed over $9 million to environmental projects that will remove significant amounts of pollutants from the environment and benefit the surrounding communities.DOJ; EPAAL, IA436-2010.07.14-Multistate-McWane-Inc.-Consent-Decree.pdf331210
4357/12/20216/24/20102010Micron TechnologiesAntitrustPrice-Fixing33$173,000,000 Computer & Electronic Product ManufacturingThe multi-state group filed a complaint in federal district court in July 2006 alleging that California's consumers, state agencies, universities and local governments were forced to pay illegally inflated prices for products containing Dynamic Random Access Memory computer chips.According to the settlement, each company is required to refrain from illegal price-fixing and must conduct extensive employee compliance training. The companies will revolve both lawsuits by agreeing to the $173 million figure, as well as lawsuits brought by private plaintiffs.DOJCACA, AZ, AR, CO, FL, HI, ID, IL, IA, LA, ME, MD, MA, MI, MN, MS, NE, NV, NM, NY, NC, ND, OK, OR, PA, RI, SC, TN, UT, VA, WA, WV, WI435-2009.02.04-CA-Micron-Technologies-Complaint.pdf334413
4347/12/20215/21/20102010AMC Entertainment HoldingsAntitrustMerger Review3$0 $0 Motion Picture & Video IndustriesPlaintiff states challenged the acquisition of Kerasotes by AMC on the grounds that it would reduce competition in markets in Colorado, Illinois and Indiana.To resolve the case, AMC agreed to divest eight theaters--four in Illinois, two in Colorado and two in Indiana.DOJIL, CO, IN512131
4337/12/20214/20/20102010Hovnanian EnterprisesEnvironmentWater Pollution Control3$1,000,000 $336,000 ConstructionThe government alleges a pattern of violations that was discovered by reviewing documentation submitted by the company, and through federal and state site inspections. The alleged violations include failure to obtain permits until after construction had begun, or failing to obtain them at all. At sites with permits, violations included failure to prevent or minimize the discharge of pollutants such as silt and debris in storm water runoff.The settlement requires Hovnanian to develop improved pollution prevention plans for each construction site, conduct additional site inspections and promptly correct any problems detected. The company must properly train construction managers and contractors, and will be required to designate trained staff for each site. Hovnanian must also implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA.DOJ; EPAMD, VA, WV433-2010.04.20-Multistate-Hovnanian-Enterprises-Consent-Decree.pdf236110
4327/12/20214/9/20102010ValeroConsumer ProtectionTobacco39$100,000 $100,000 Retail TradeThe settlement is part of an ongoing effort by the states that has led to agreements with other retailers, including 7-Eleven, CVS and all stations operating under the Exxon, Mobil and Chevron brand namesUnder the settlement, Valero has agreed to: Provide comprehensive training to convenience store retail personnel regarding laws prohibiting tobacco sales to minors; Arrange random, independent compliance checks to monitor sales practices at Valero owned convenience stores; Maintain a policy against increasing youth demand for tobacco through in-store advertising, and limit such advertising to brand names, logos, other trademarks, and pricing; Consider terminating or refusing to renew agreements with franchisees who do not comply with youth access laws; Require timely notification to Valero if a store receives notice of a violation of federal, state or local youth access laws.MAAL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MT, NE, NV, NH, NJ, NM, OH, OK, OR, PA, TN, TX, UT, VT, VA, WA, WY432-2010.04.09-Multistate-Valero-Consent-Decree.PDF447110
4317/12/20213/31/20102010Shell ChemicalEnvironmentAir Pollution Control2$3,500,000 $1,000,000 Chemical ManufacturingThe complaints allege violations of Clean Air Act requirements covering the four main sources of emissions of sulfur dioxide (SO2), nitrogen oxides (NOx), volatile organic emissions (VOCs) and benzene at each of the three Shell Chemical refineries.This settlement will reduce NOx emissions by 813 tons per year (tpy) and SO2 emissions by 645 tpy, once all emissions controls and emissions-reduction practices have been installed and implemented. The settlement will also result in additional reductions of VOCs, benzene and other pollutants.EPAAL, LA431-2010.03.31-Multistate-Shell-Chemical-Consent-Decree.pdf325199
4307/12/202111/19/20213/15/20102010SprintConsumer ProtectionConsumer Protection Other36$22,000,000 $22,000,000 TelecommunicationsThe states' primary contention has been that both Young America and its clients failed to report and remit the proceeds of uncashed rebate checks as required by the states' unclaimed property laws. Young America allegedly offered discounted services to customers if they allowed Young America to keep any "slippage" -- the value of rebate checks that remained uncashed by consumers.Sprint has agreed to report all future unclaimed rebates annually to the states.IA517210
4297/12/20213/9/20102010Election Systems & SoftwareAntitrustMerger Review9$0 $0 Computer & Electronic Product ManufacturingThe complaint alleged that because ES&S's acquisition of Premier joined the two closest competitors in the provision of voting systems, it was likely that states and local governments would have seen higher prices and a decline in quality and innovation in voting equipment systems.ES&S will sell Premier's intellectual property for all past, present and in-development voting equipment systems to another competitor. The buyer will have the ability to compete for contracts to install new voting systems using the Premier product. ES&S is prohibited for 10 years from competing for new installations using a Premier product. The buyer will also receive copies of all existing Premier service contracts so that it can compete for contracts that are up for renewals.DOJAZ, CO, FL, ME, MD, MA, NM, TN, WA334110
4287/12/20213/9/20102010LifeLockConsumer ProtectionMarketing and Advertising34$12,000,000 $1,000,000 Investigation and Security ServicesFTC and states said LifeLock made false claims about its ability to prevent identity theft, as the services provide no protection against misuse of existing accounts, which is the most common type of identity theft, or medical or employment identity theft.LifeLock and its co-founders, Davis and Robert Maynard Jr., are barred from making deceptive claims, misleading customers about LifeLock services and procedures, about the risks of identity theft, and degree of protection LifeLock provides. As part of the settlement, the company is required to set up a comprehensive data security program. The program must be reviewed by a third party every other year for the next 20 years.FTCILAK, AZ, CA, DE, FL, HI, IL, IN, IA, KY, ME, MD, MA, MI, MO, MS, MT, NE, NV, NM, NY, NC, ND, OH, OR, PA, SC, SD, TN, TX, VT, VA, WA, WV428-2010.03.09-WA-LifeLock-Complaint.pdf428-2010.03.09-WA-LifeLock-Consent-Decree.pdf519190
4267/12/20213/1/20102010Tarzenea DixonConsumer ProtectionMarketing and Advertising7$22,000,000 $22,000,000 Personal and Laundry ServicesThe settlement comes as a result of an alleged scam that saw fake merchants calling consumers pretending to sell a product of service. When consumers would give their bank account information to complete the purchase, the information was sent to Your Money Access to remove money from the consumers' accountsThe settlement resulting from the lawsuit bans Your Money Access CEO Tarzenea Dixon from payment processing and aiding fraudulent telemarketers.FTCNCIL, IA, NV, NC, ND, OH, VT426-2010.03.01-Multistate-Tarzena-Dixon-Stipulated-Permanent-Injunction-and-Final-Order.pdf
4257/12/20212/12/20102010Western Union Financial ServicesConsumer ProtectionConsumer Protection Lending Practices4$94,000,000 $21,000,000 Finance & InsuranceThe settlement resolves outstanding issues between Western Union and AGs over how to prevent abuses of consumer-to-consumer money transfers. These differences have led to court cases and regulatory actions, with authorities asserting that Western union was not doing enough to detect and prevent the abuse of its services.Under the agreement, Western Union will contribute $50 million to The State Center to bankroll the Southwest Border Anti-Money Laundering Alliance and pay $21 million to the states to cover investigation and litigation costs. Western Union also will commit $19 million over the next several years to strengthen its own anti-money laundering efforts and provide $4 million to support an independent monitoring program.AZAZ, CA, NM, TX425-2010.02.12-Multistate-Western-Union-Financial-Services-Governing-Agreement.pdf522320
4247/12/20211/25/20102010TicketmasterAntitrustMerger Review17$0 $0 Administrative and Support ServicesAccording to the Complaint, the parties announced their merger shortly after Live Nation had entered the concert ticketing business as Ticketmaster's closest competitor. The complaint alleged that consumers and major concert venues would face higher ticket service charges as a result of the merger.The settlement requires the merging parties to license its ticketing software to Anschutz Entertainment Group (AEG). AEG is the nation's second largest promoter and the operator of some of the largest concert venues in the country. The merging parties are further required to divest Ticketmaster's entire Paciolan business, which provides a venue-managed platform for selling tickets through the venue's own web site. Paciolan is to be divested to Comcast/Spectacor, a sports and entertainment company with a management relationship with a number of concert venues. Comcast also has ticketing experience through its New Era ticketing company.The settlement also prohibits the merging parties from retaliating against venue owners who contract with the merging parties' competitors.DOJAZ, AR, CA, FL, IA, IL, LA, MA, NE, NV, OH, OR, PA, RI, TN, TX, WI424-2010.01.25-Multistate-Ticketmaster-Proposed-Final-Judgment.pdf711410
4237/12/20211/22/20102010Saint-Gobain ContainersEnvironmentAir Pollution Control10$2,250,000 $1,100,000 Nonmetallic Mineral Product ManufacturingThe Complaint alleges that Saint-Gobain constructed or made modifications to some or all of the 31 furnaces at the company's 15 facilities, resulting in increased emissions of nitrogen oxide (NOx), sulfur dioxide (SO2) and/or particulate matter (PM), without first obtaining pre-construction permits and installing required pollution control equipment, in violation of: The Clean Air Act (CAA) Nonattainment New Source Review and Prevention of Significant Deterioration provisions, 42 U.S.C. §§ 7470-7492, 7501-7515; The State Implementation Plans (SIPs) in each of the states where the facilities are located, 42 U.S.C. §§ 7410.Saint-Gobain is also required by the settlement to reduce emissions of sulfur dioxide by approximately 59 percent from its fleet of furnaces. Emissions of oxides of nitrogen must be cut by approximately 41 percent and particulate matter emissions will be reduced by 28 percent. The reductions will be made possible by the installation of emissions controls that the company had previously failed to install.EPAIL, IN, LA, MA, MO, NC, OK, PA, WA, WI423-2010.01.22-Multistate-Saint-Gobain-Containers-Consent-Decree.pdfPress Release [E.P.A.]327211
4227/12/20211/21/20102010Lafarge North AmericaEnvironmentAir Pollution Control9$5,070,000 $1,690,000 Mining, Quarrying, and Oil and Gas ExtractionThe AGs alleged that emissions from Lafarge's Ravena cement plant, and those located in upwind states such as Ohio and Pennsylvania, contribute to smog and soot pollution in the vicinity of Ravena as well as in other areas of New York. These pollutants threaten human health and are directly linked to increases in asthma attacks and lung diseases. They also are primary contributors to acid rain, which has severely damaged lakes, forests, and wildlife throughout New York's Adirondack and Catskill regions.The settlement commits the Ravena facility to either constructing a new facility - as the company has proposed - or to retrofitting the existing facility with aggressive air pollution reduction technology. In either case, Ravena's air pollution emissions will be cut by roughly 2,000 tons of nitrogen oxide and 10,000 tons of sulfur dioxide each year - equivalent to reductions of more than 30% and 80%, respectively.NYNY, AL, IL, IA, KS, MI, MO, OH, PA422-2010.01.21-Multistate-Lafarge-North-America-Consent-Decree.pdfPress Release [E.P.A.]327390
4217/12/202111/28/20211/7/20102010Abbott LaboratoriesAntitrustPrice-Fixing; Monopolization; Antitrust Other24$22,500,000 $22,500,000 Pharmaceutical and Medicine ManufacturingThe suit alleged that the companies thwarted generic competition to Tricor using a variety of strategies including a practice called product hopping. Under this practice, the states alleged the companies made various clinically insignificant changes in the dosage and form of Tricor, abandoned the promotion of and removed older versions of TriCor from the market, and manipulated the drug codes used to facilitate generic substitution.Under the settlement, certain state and local governmental purchasers, including public hospitals and health departments, will be reimbursed for overcharges paid for TriCor. Florida entities will receive over $1.5 million in damages. Abbott and Fournier have also agreed not to delete the drug codes for the latest version of TriCor in the event a generic manufacturer seeks FDA approval of a generic version of Tricor, until after a specified time has lapsed. The settlement will also reimburse the participating Attorneys General for fees and costs.FLAZ, AR, CA, CT, DC, FL, IA, ID, KS, MA, MD, ME, MI, MN, MO, NC, NV, NY, OR, PA, SC, TX, WA, WV421-2008.03.18-Multistate-Abbott-Laboratories-Complaint-Tricor-Litigation.pdf421-2009.12.31-Multistate-Abbott-Laboratories-Settlement-Agreement-Tricor-Litigation.pdf325412
4207/12/202112/22/20092009Duke EnergyEnvironmentAir Pollution Control3$93,000,000 $1,000,000 UtilitiesThe states alleged that air pollution emissions from Duke Energy's Gallagher plant contribute to smog and soot pollution. These pollutants threaten human health and are directly linked to increases in asthma attacks and lung diseases. They also are primary contributors to acid rain.Duke will spend $6.25 million on environmental projects and commits itself to spending about $80 million to switch to natural gas as fuel in two of the plant's units and installing the latest pollution control technology in two other units. The settlement is anticipated to reduce sulfur dioxide emissions at the Gallagher plant by almost 35,000 tons per year, an 86 percent reduction when compared to 2008 emissions.EPANYNY, NJ, CT221120
4197/12/202112/10/20092009AsarcoEnvironmentEnvironmental Bankruptcy12$1,790,000,000 $0 Mining, Quarrying, and Oil and Gas ExtractionAsarco filed bankruptcy in Texas in 2005. The federal government and 16 states then began settlement negotiations on various environmental claims.In total, the settlement will address environmental cleanup and restoration at more than 80 sites around the country. Much of the money paid to the United States will be placed in special accounts in the Superfund to be used by EPA to pay for future cleanup work. It will also be placed into accounts at the Department of Interior and the Department of Agriculture to pay for natural resource restoration.EPA; DOJ; Interior; AgricultureNJ, OK, WA, AL, AR, IL, IN, NM, OH, MT, NE, TX212234
4187/12/202112/1/20092009Akzo NobelAntitrustPrice-Fixing23$25,030,000 $25,030,000 Pharmaceutical and Medicine ManufacturingThe attorneys general alleged that certain vitamin manufacturers conspired and fixed prices of vitamin ingredients that they sold to food processors and drug manufacturers.NYAZ, DC, FL, HI, ID, IL, KS, ME, MI, MN, NV, NM, NY, NC, ND, PR, RI, SD, TN, VT, WA, WV, WI325412
4177/12/202112/1/20092009Stericycle, Inc.AntitrustMerger Review2$0 $0 Waste Management & Remediation ServicesAccording to the complaint, Stericycle and MedServe are the only two firms able to compete for customers that generate large quantities of infectious waste in Kansas, Missouri, Nebraska and Oklahoma.Stericycle and MedServe must divest all of MedServe's assets primarily used in the provision of infectious waste collection and treatment services to large customers in Kansas, Missouri, Nebraska and Oklahoma to a viable purchaser approved by DOJ after consultation with the states.DOJMO, NEMO, NE562211
4167/12/202111/16/20092009VonageConsumer ProtectionUnauthorized Fees or Service Cancellation Issues32$3,000,000 $3,000,000 TelecommunicationsAGs alleged that Vonage made it difficult or impossible to cancel their service.The company agreed to provide refunds to affected customers and significantly alter its marketing and customer cancellation practices.CT, IL, MI, OR, PA, TX, WIID, ME, TX, AL, AZ, AR, CT, FL, HI, IL, IN, KS, KY, LA, MI, MO, MT, NH, NJ, NM, NC, ND, OH, OR, PA, SC, SD, TN, VT, WA, WV, WI416-2009.11.06-Multistate-Vonage-Assurance-of-Voluntary-Compliance.pdf517110
4157/12/202110/27/20092009Student Loan XpressConsumer ProtectionConsumer Protection Lending Practices12$112,825,000 $112,825,000 Finance & InsuranceInvolved litigation of behalf of students who obtained non-government guaranteed educational loans to attend a now-bankrupt helicopter training school, Silver State Helicopters.The company also agreed to: forgive an additional 2.5 percent of the student loan if the adjusted loan is repaid within five years; refrain from providing negative information to credit reporting agencies with respect to any loan restructured; and forgive interest between the dates Silver State Helicopters filed for bankruptcy and approximately the end of 2009.FLNV, CA, GA, ID, IL, MO, MT, OK, OR, UT, WA, FL522291
4147/12/20219/2/20092009PfizerConsumer ProtectionMarketing and Advertising43$33,000,000 $33,000,000 Pharmaceutical and Medicine ManufacturingThe states alleged that: (1) Pfizer engaged in unfair and deceptive practices by marketing Geodon for a number of off-label uses that were not approved by the U.S. Food and Drug Administration (F.D.A), (2) Pfizer misrepresented the safety and efficacy of Geodon, and (3) Pfizer illegally promoted the drug for unapproved uses such as pediatric use and use at high dosage levels.The company agreed to stop promoting Geodon for any off-label use; from using grants or Continuing Medical Education (CME) to market Geodon; from making false or misleading characterizations of scientific data in promotional materials; and from rewarding sales staff based on volume of off-label prescribing.DE, MDMA, AL, AZ, AR, CA, CO, CT, DE, DC, FL, HI, ID, IL, IA, KS, KY, LA, ME, MD, MI, MN, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SD, TN, TX, VT, WA, WV, WI414-2009.09.09-WA-Pfizer-Consent-Decree.pdf325412
4137/12/20218/4/20092009Aleris InternationalEnvironmentAir Pollution Control6$8,800,000 $2,004,659 Primary Metal ManufacturingThe suit alleged that Aleris failed to demonstrate compliance with emission standards through valid performance testing, to design and install adequate capture and collection systems, to correctly establish and monitor operating parameters, and to comply with recordkeeping and reporting requirements.The consent decree requires Aleris to better enclose its furnaces to improve the capture of emissions, retest every furnace using model test protocols, adopt model recordkeeping and reporting documents, and install pollution control or monitoring equipment at particular facilities.EPAIL, IN, MI, OH, TN, VA331314
4127/12/202111/28/20217/21/20092009Emerson CollegeConsumer ProtectionConsumer Protection Lending Practices2$780,000 The Attorney Generals' investigation revealed that Emerson had engaged in a host of deceptive practices that hurt the financial interests of its students. Emerson's financial aid office encouraged students to use lenders from Emerson's preferred lender list. The investigation found that lenders that appeared on this list provided Emerson's financial aid staff with expense-paid trips to resorts, free meals, tickets to professional sporting events, and payments for attending lender advisory board meetings. In addition, Emerson's preferred lenders provided Emerson with a variety of free and discounted goods and services, including temporary staffing, printing services, donations, and software.Under the agreement, Emerson will pay over $780,000 to more than 4,000 students and graduates, including approximately $81,000 to 400 New Yorkers. Emerson also agreed to adopt Attorney General Cuomo's student lending Code of Conduct, which prohibits schools and financial aid officials from accepting payments or services from student lenders in exchange for placement on the schools' preferred lender list.NY, MANY, MA
4117/12/20217/16/20092009DISH NetworkConsumer ProtectionMarketing and Advertising46$5,900,000 $5,900,000 BroadcastingInvolved allegations that it engaged in unfair and deceptive sales practices, including failing to make adequate disclosures to consumers and charging credit cards and bank accounts without proper authorization.In addition to restitution, the company has agreed to give adequate and accurate disclosures to customers in sales calls, advertising, and contracts.TN, MD, WA, PA, MOAL, AK, AZ, AR, GA, CO, CT, DE, FL, HI, ID, NH, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NM, WY, ND, OR, OH, OK, PA, RI, SC, SD, TN, TX, UT, WA, WV, VT, VA, WI515210
4107/12/20217/15/20092009MerckConsumer ProtectionConsumer Protection Other36$5,400,000 $5,400,000 Pharmaceutical and Medicine ManufacturingThe investigation centered on allegations the companies kept quiet the results from an unfavorable study, violating consumer protection laws.Obtain pre-approval from FDA for all direct-to-consumer television advertisements; Comply with FDA suggestions to modify drug advertising; Register clinical trials and post their results; Prohibit ghost writing of articles; Reduce conflicts of interest for Data Safety Monitoring Boards that ensure the safety of participants in clinical trials; and Comply with detailed rules prohibiting the deceptive use of clinical trials.ORAZ, AR, CA, CO, DE, FL, HI, ID, IL, IA, KY, LA, ME, MA, MI, MS, MO, MT, NE, NJ, NV, NM, NC, ND, OH, OR, PA, SC, SD, TN, TX, VT, WV, WA, WI, DC325412
4097/12/20216/23/20092009TJX Companies, Inc.Consumer ProtectionConsumer Privacy and Data41$9,750,000 $9,750,000 Retail TradeInvolved allegations that TJX ignored flaws in the configuration of its computer network and failed to take sufficient steps to protect customer information - allowing hackers to access its unsecured network and operate undetected for more than a year, leaving tens of millions of consumers vulnerable to identity theft.In addition to the monetary relief, this agreement requires TJX to implement and maintain a substantial data security program to ensure that this kind of data breach does not happen again. A $2.5 million national fund will be created to investigate future data security breaches.MAAL, AZ, AR, CA, CO, CT, DE, FL, HI, ID, IL, IA, LA, ME, MD, MA, MI, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SD, TN, TX, VT, WA, WV, WI, DC448140
4087/12/20216/6/20092009MichelinConsumer ProtectionMarketing and Advertising17$375,000 $375,000 Plastics & Rubber Products ManufacturingThe states allege that Michelin's fuel efficiency advertisements did not adequately disclose that the advertised costs savings were based solely on savings in fuel costs. There are factors other than fuel efficiency that might affect the savings a consumer could achieve by choosing one tire over another, such as initial cost of the tire, average life of the tire in terms of mileage. Further, the states review of Michelin's own studies indicates that its tires are only the most fuel efficient in 78 percent of its classes of tires.Agreed to possess competent and reliable scientific evidence substantiating any fuel efficiency claim regarding its tires and to make other business practice improvements.TNAK, AZ, DE, IA, KY, MA, MT, NV, NH, NM, NC, OH, PA, RI, TX, VT, TN326212
4077/12/202111/19/20216/1/20092009FiatConsumer ProtectionDefective or Unsafe ProductsFiat negotiated with a group of state attorneys general and agreed to honor all the rights consumers had under Old Chrysler to seek and obtain a refund or replacement vehicle if their vehicle has a significant or recurring problem.Fiat and the new Chrysler Group LLC have agreed to honor the Lemon Law rights of existing Chrysler owners when the new company effectively takes control of the U.S. automaker later this month.IA, CA, CT, FL, MI, NH, NY, OH
4067/12/20215/20/20092009Community Support Inc.Consumer ProtectionMarketing and Advertising33$200,000 $200,000 Religious, Grantmaking, Civic, Professional & Similar OrganizationsBased upon the multi-state investigation, the states allege that CSI has engaged in a pattern of violating state laws over a substantial period of time. Among other things, CSI telephone solicitors are alleged to have: 1) misrepresented how much of the donated funds actually go to the charity; 2) misrepresented what would be spent in the donor's local community; 3) harassed call recipients; 4) falsely claimed to be law enforcement officers or veterans, and 5) falsely claimed a person had made a pledge when they had not. In addition, CSI used local post office boxes in the communities in which it was fundraising to make it appear that the charity was local.Under the settlement, a consent judgment will be entered against CSI enjoining it from engaging in specific deceptive fundraising practices. In addition, CSI will have to regularly report information to the states and be more responsible for its employees' training and conduct and representations made to consumers. Violations of the settlement may result in penalties of $10,000 per violation.FTC (Operation False Charity)MOMO, AL, AR, CO, FL, GA, HI, IL, IN, IA, KS, KY, LA, MD, MI, MN, MS, MT, NE, NV, NM, NC, ND, OH, OK, OR, RI, SD, TX, VA, WA, WV, WA624190
4057/12/20215/13/20092009CraigslistConsumer ProtectionInternet Safety and Related Issues43$0 $0 InformationThe company was pressed by state attorneys general to jettison the heading of erotic services, which officials said was a platform to promote for prostitution.In the place of "erotic services," Craigslist has created an "adult services" category for which new listings would be reviewed individually. Posts to the new section will cost $10, which is twice as much as the fee was for erotic services listings. Nude or graphic photos will also be banned from the adult services section.CTIL, AR, AZ, CO, CT, DE, DC, GA, GU, HI, ID, IN, IA, KS, KY, LA, ME, MD, MS, MT, NE, NV, NH, NJ, NM, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, UT, VT, VI, VA, WA, WV, WI, WY519130
4047/12/20213/3/20092009Coca-ColaConsumer ProtectionMarketing and Advertising28$650,000 $650,000 Food ManufacturingDefendants previously claimed that persons who drink Enviga can burn 60 to 100 calories per day and lose weight. The Attorneys General questioned the research that the companies claimed supported this claim.Under the settlement reached with the Attorneys General, the companies have agreed to no longer claim that drinking Enviga will result in weight loss, to include disclosures in their marketing and labeling of Enviga and any similarly formulated product that they claim has "negative calories," and to indicate that weight loss requires diet and exercise.CTCT, AK, AZ, AR, MD, CA, DC, FL, GA, ID, IL, LA, ME, MA, MI, MO, MT, NV, NJ, NM, NY, NC, OH, OR, PA, TN, TX, WA312111
4037/12/20212/24/20092009Frontier RefiningEnvironmentAir Pollution Control2$128,300,000 $0 Petroleum & Coal Products ManufacturingInvolved alleged air pollution violations at Frontier's refineries in Cheyenne, Wyo. and El Dorado, Kan.The three refineries are required to install advanced control technologies that, when fully implemented, will reduce annual emissions of sulfur dioxide by approximately 3,775 tons, nitrogen oxide by approximately 2,100 tons and other pollutants by approximately 1,200 tons.EPAWY, KS324110
4027/12/20212/20/20092009JBS BeefAntitrustMerger Review17$0 $0 AgricultureJBS sought to acquire National Beef Packing, Inc. The U.S. Department of Justice and 13 states sued to block the transaction, which, according to the complaint, would substantially restructure the beef packing industry, eliminating a competitively significant packer and placing more than 80 percent of domestic fed cattle packing capacity in the hands of three firms: JBS, Tyson Foods Inc., and Cargill Inc.JBS Beef ended its efforts to acquire National Beef Packing Co. as a result of the governments' suit.DOJCO, IA, KS, MN, MO, MT, ND, OH, OK, OR, SD, TX, WY, AZ, CT, NM, MS311612
4017/12/20212/9/20092009Bayer Corp.Consumer ProtectionMarketing and Advertising27$20,000,000 $0 Pharmaceutical and Medicine ManufacturingThis dispute arose when the FDA sent a letter to Bayer, expressing concern that Bayer was advertising Yaz with misleading statements indicating the drug could be used to treat unapproved symptoms, including the relatively common premenstrual syndrome (PMS). The states claimed this violated a 2007 multi-state agreement in which Bayer agreed not to make false marketing claims about any of its products.It was the first time the FDA has cooperated with states in a drug-marketing case. Requires conducting a national $20 million corrective ad campaign for misleading consumers about the uses of its oral contraceptive Yaz in violation of a 2007 multi-state settlement. The pharmaceutical company also must submit future television ads promoting Yaz to federal regulators for pre-approval.IL, OR, CAIL, AZ, AR, CA, CT, DE, FL, ID, IA, KS, KY, ME, MD, MA, MI, MS, MT, NV, NC, OH, OR, PA, SD, TN, TX, WA, WI325412
4007/12/20211/12/20092009DellConsumer ProtectionMarketing and Advertising46$3,850,000 $3,850,000 Computer & Electronic Product ManufacturingThe states claimed that the company misled customers with its financing offers and failed to honor warranties, service contracts and rebates.Dell is also required to implement written policies to ensure compliance with the settlement, including Informing consumers of their right to cancel orders made with the Dell Credit Account within three days after receiving final credit approval and the written terms and conditions; Communication between Dell and Dell Financial Services when a consumer returns a product purchased with credit; removing consumer accounts from collection agencies and providing accurate information to credit reporting bureaus.CT, WAAL, AK, AZ, AR, CA, CO, CT, DE, FL, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NC, ND, OR, OH, OK, PA, RI, SC, SD, TN, TX, UT, WA, WV, VT, VA, WI334111
3997/12/20211/8/20092009ArbitronConsumer ProtectionConsumer Protection Other3$490,000 $490,000 Professional, Scientific, & Technical ServicesOwners of minority-oriented radio stations had asserted that Arbitron's estimates of their audience size dropped significantly when the new system, called portable people meters, were introduced in New York, Philadelphia and surrounding regions. A coalition of minority radio broadcasters said that the lower ratings would ''disenfranchise minority communities and have a devastating impact on small businesses.''Under the agreement with the states, Arbitron is required to ''substantially improve'' the methodology for the people meters. It must also: Cure key flaws and substantially improve the PPM methodology in New York by, for example, increasing the recruitment of individuals who only use cell-phones (a disproportionate percentage who are racial minorities) and ensuring that a higher proportion of panelists across racial demographics successfully operate the PPM; Fund a study, overseen by the Attorney General, to determine and cure measurable bias the PPM methodology may have on racial minorities; Fund an advertising campaign of at least $25,000 dedicated to promoting minority radio; and Obtain accreditation from the Media Rating Council.NY, NJNY, NJ, MD541910
3977/12/20211/5/20092009Marsh & McLennan Companies, IncAntitrustBid-Rigging9$7,000,000 $7,000,000 Finance & InsuranceMarsh allegedly made collusive arrangements whereby brokers entered into agreements with insurers to receive undisclosed compensation and engaged in anticompetitive conduct in the market for commercial liability insurance.Under the terms of the states' agreement, Marsh must disclose to its clients all compensation received from insurance companies in connection with the placement of an insurance policy, obtain the client's written consent to the compensation, and disclose at the end of each year annual totals of compensation received in connection with a client's policy.MAMA, PA, HI, MD, MI, OR, TX, WV, FL524210
3967/12/202112/23/20082008Bristol-Myers SquibbAntitrustMarket Allocation Agreement54$1,100,000 $1,100,000 Pharmaceutical and Medicine ManufacturingAllegations that it illegally concealed a side deal with the generic drugmaker Apotex to block introduction of a generic form of Bristol's blood-thinning drug Plavix.The company agreed to revised court orders extending its reporting obligations and establishing monetary penalties for any future violations of the Buspar or Taxol court orders.NYAL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VI, VA, WA, WV, WI, WY396-2009.02.12-OH-Bristol-Myers-Squibb-Co.-Stipulation-and-Order-Plavix-Litigation.pdf325412
3957/12/202112/18/20082008MillerCoorsConsumer ProtectionMarketing and Advertising13$550,000 $550,000 Beverage ManufacturingAGs had complained marketing stated that the stimulants reduced drinkers' sense of intoxication and were marketed to young drinkers, who were already more likely to have risky behaviors in driving and other activities.The company agreed to remove caffeine, taurine, guarana and ginseng from Sparks and not produce caffeinated alcohol beverages in the future.NYNY, AZ, CA, CT, ID, IL, IA, ME, MD, MS, NM, OH, OK312120
3947/12/202112/17/20082008MattelConsumer ProtectionDefective or Unsafe Products38$12,000,000 $12,000,000 Miscellaneous ManufacturingInvolved an investigation over Chinese-made lead-tainted toys shipped to the U.S. in 2007.As part of the agreement, Mattel also agreed to lower the acceptable level of lead in toys shipped to the States to 90 parts per million, down from 600 parts per million, which is currently the federal standard.MAMA, AL, AK, AR, AZ, CO, CT, DE, FL, HI, ID, IA, KS, KY, MD, MI, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SD, TN, TX, VT, WA, WV, WY339932
3937/12/202112/16/20082008Airborne Health, Inc.Consumer ProtectionMarketing and Advertising33$7,000,000 $7,000,000 Pharmaceutical and Medicine ManufacturingThe states alleged that the Airborne made health-related claims in the marketing, packaging, advertising, offering and selling of their line of dietary supplements that were not substantiated by reliable and competent scientific evidence at the time the claims were made.Under the settlement, the Defendants have agreed not to make any express or implied claim concerning the health benefit, performance, efficacy or safety of their dietary supplement products unless at the time the claim is made competent and reliable scientific evidence exists to substantiate each claim. Specifically, the Defendants are prohibited from saying "take at the first sign of a cold symptom," and other claims that imply that Airborne can prevent, treat, or cure colds, coughs, the flu, an upper respiratory infection, or allergies. By law, advertisements for dietary supplements like Airborne, cannot make such drug claims even if they can provide substantiation, unless and until they have been approved as a drug by the FDA.TNAK, AR, CA, CT, DE, DC, FL, ID, IL, IN, IA, KS, KY, ME, MD, MI, MS, MO, MT, NE, NV, NJ, NM, OH, OR, PA, RI, SC, TN, TX, VT, WA, WI325412
3927/12/202112/9/20082008The College BoardConsumer ProtectionConsumer Protection Lending Practices2$675,000 $675,000 Educational ServicesThe officials alleged that the College Board gave inappropriate discounts to colleges that promoted its services, effectively directing students to loans that were not their best or least expensive options.The College Board has also agreed to create two student loan calculator tools and provide assistance to consumers in the use of these tools. The Connecticut and New York attorneys general will have input into all substantive components of these resources. Additionally, the College Board has agreed that if it re-enters the student loan market, it will adhere to the Attorney Generals Direct-to-Consumer Marketing Code of Conduct.CT, NYCT, NY611710
3917/12/202112/8/20082008Republic Services, Inc.AntitrustMerger Review7$0 $0 Waste Management & Remediation ServicesCombining Republic Services and Allied Waste raised concerns because it would create the nation's second-largest solid waste management company with more than $9 billion in annual sales.The parties will divest 11 landfills, 8 waste transfer stations and numerous routes within the plaintiff states. Under the proposed settlement, Republic would have to notify the Department and the relevant state before acquiring any waste collection and/or disposal operations in these areas for the next 10 years, the duration of the settlement.DOJCA, KY, MI, NC, OH, PA, TXCA, KY, MI, NC, OH, PA, TX562111
3907/12/202111/7/20082008IFC Credit CorporationConsumer ProtectionUnauthorized Fees or Service Cancellation Issues20$6,000,000 $6,000,000 Finance & InsuranceAGs alleged that victims were still being required to make rental payments on a telecommunications device that is worthless, involving defunct NorVergence, Inc.The company has agreed to forgive 82 to 84 percent of the unpaid lease payments due as of July 15, 2004 under the NorVergence contracts, not including sales or property taxes.FTCAZ, CO, CT, FL, IL, KS, LA, MD, MA, MI, MO, NH, NJ, NY, NC, OH, PA, RI, TX, DC522220
3897/12/202111/6/20082008CraigslistConsumer ProtectionInternet Safety and Related Issues43$0 $0 InformationThe states were concerned about the advertising on the "erotic services" portion of the website.Craigslist will sue 14 Internet and software companies that allegedly help users get around the site's defenses for posting erotic service ads. Information about those companies will be given to law enforcement. Craigslist must also work with the National Center for Missing and Exploited Children and explore technology that would block inappropriate images and word sequences from being posted. Craigslist will add tags to the erotic services section of its site that helps parental screening software and meet with the attorneys general to discuss additional measures.CTIL, AR, AZ, CO, CT, DE, DC, GA, GU, HI, ID, IN, IA, KS, KY, LA, ME, MD, MS, MT, NE, NV, NH, NJ, NM, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, UT, VT, VI, VA, WA, WV, WI, WY519130
3887/12/202110/30/20082008Educational Research Center of AmericaConsumer ProtectionConsumer Privacy and Data37$200,000 $200,000 Other/Non ClassifiedThe States alleged that ERCA offered gift cards to educators for distributing the surveys to students for the purpose of collection of personal information without disclosing to the students or their parents a method of opting out of the survey.Under the multistate agreement, ERCA must clearly disclose how students or parents of students under 18 can opt out of completing the data collection survey. ERCA is also prohibited from offering anything of monetary value to educators relating to the collection of personal information from students. Prohibiting such practices is especially important, the states said, because information gathered by ERCA from students is sometimes sold for commercial marketing purposes.NV, DC, AL, AK, AZ, CT, DE, HI, IL, IN, IA, LA, ME, MD, MI, MS, MT, NE, NH, NJ, NM, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, VT, VA, WA, WV, WY
3877/12/202110/23/20082008PfizerConsumer ProtectionMarketing and Advertising34$60,000,000 $60,000,000 Pharmaceutical and Medicine ManufacturingA state investigation concluded that Pfizer engaged in an aggressive, deceptive and unlawful campaign to promote Bextra off-label for uses that had been expressly rejected by the Food and Drug Administration (FDA).The judgment contains injunctive terms addressing all concerns raised during the investigation regarding both Celebrex and Bextra. In addition, the judgment requires Pfizer to submit all "direct-to-consumer" (DTC) television drug advertisements to the Food and Drug Administration (FDA) for approval and comply with any FDA comment before running the advertisement. Finally, the judgment generally prohibits Pfizer from deceptive and misleading advertising and promotion of any Pfizer drug, requires Pfizer to register all clinical trials, post clinical trial results, and ensure that subjects in Pfizer sponsored clinical trials give adequate informed consent.ORNM, AK, AR, AZ, CA, CT, FL, DC, ID, IL, IA, KS, ME, MD, MA, MI, MT, NE, NV, NJ, NY, NC, ND, OH, OR, PA, SC, SD, TN, TX, VT, WA, KY, WI325412
3867/12/202110/8/20082008ShellConsumer ProtectionTobacco47$0 $0 Retail TradeThe investigation arose out of the AGs' finding that 47 percent of underage youths who have acknowledged buying cigarettes illegally report that they've done so at gas station convenience stores.The agreement includes the following provisions: Retail personnel will receive training about the health risks associated with childhood tobacco use; Shell will administer independent compliance checks to monitor sales practices at certain Shell convenience stores, to ensure they are not selling tobacco to minors; States will impose sanctions against contract operators that sell tobacco to minors; Vending machines and self-service displays that sell tobacco products will be forbidden at Shell-associated convenience stores; In-store tobacco advertisements will be limited to reduce youth demand for tobacco products; Shell will require all convenience store operators to notify the company if tobacco products are sold to minors in violation of the law.IAAL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WY447110
3857/12/202110/7/20082008Eli LillyConsumer ProtectionMarketing and Advertising33$62,000,000 $62,000,000 Pharmaceutical and Medicine ManufacturingIn 2001, Eli Lilly began an aggressive marketing campaign called 'Viva Zyprexa.' As part of that campaign, Lilly allegedly marketed Zyprexa for a number of off-label uses including pediatric use, for use at high dosage levels, for the treatment of symptoms rather than diagnosed conditions and in the elderly for the treatment and/or chemical restraint of patients suffering from dementia.The company agreed to cease promoting off-label uses and change its marketing practices. The agreement requires Lilly's medical staff, rather than marketing staff, to be responsible for developing and approving medical content of all medical letters and references regarding Zyprexa. Other states (inc AK) settled earlier.IL, ORAZ, AL, CA, DE, DC, FL, HI, IN, IA, KS, ME, MD, MA, MI, MO, NE, NV, NJ, NY, NC, ND, OK, OH, PA, RI, SD, TN, TX, VT, WA, WI, IL, OR325412
3847/12/202110/5/20082008Countrywide FinancialConsumer ProtectionConsumer Protection Lending Practices42$8,700,000,000 $220,000,000 Finance & InsuranceAGs alleged that Countrywide, the nation's largest mortgage lender prior to its July 2008 acquisition by Bank of America, deceived borrowers by misrepresenting loan terms, loan payment increases, and borrowers' ability to afford loans.This is the first mandatory initiative of its kind, contrasting drastically with the voluntary "Hope Now" program operated by the federal government. The agreement will: provide approximately $8 billion in home loan and foreclosure relief to as many as 397,000 homeowners across the country. Interest rates on the loan modifications could go as low as 2.5 percent for five years. Pay-option ARM loans will no longer contain the negative-amortization feature, and their principal and interest rates will be reduced.CA, ILAK, AZ, CA, CO, CT, DE, FL, GA, IA, ID, IL, IN, KS, KY, LA, MD, ME, MI, MS, MT, NE, NV, NJ, NM, NC, ND, OH, OK, OR, PA, RI, SD, TN, TX, VA, WA, WV, WI, WY, MN, SC, DC522310
3837/12/20219/18/20082008First Regional BankConsumer ProtectionTobacco3$60,000 $60,000 Finance & InsuranceAn investigation determined that First Regional processed income from online tobacco retailers throughout the United States. The investigation included a sting against one of the largest online tobacco retailers, Scott Maybee. It was found that First Regional broke the law by allowing Maybee to process thousands of tobacco sales through the bank.First Regional agreed to: Maintain and adhere to a formal policy prohibiting the facilitation of online tobacco sales; Train its employees on the tobacco policy requirements; Publish its tobacco policy on its public website; Obtain basic information about its customers and their business operations; Conduct a background check on potential customers; Adopt procedures to terminate merchants who violate First Regional's tobacco policy.ID, NY, CAID, NY, CA522110
3827/12/20217/20/20082008National Cable and Telecommunications AssociationConsumer ProtectionInternet Safety and Related Issues49$0 $0 Business AssociationsAccording to NCTA, the cable companies represented by the association provide broadband internet service to 87 percent of all homes in the U.S. This agreement arose out of concern about child sexual abuse online.The cable companies agreed to use NCMEC's database of Web sites containing child pornography to ensure the sites are not hosted on the cable companies' servers. The agreement also provides information to cable providers that will help them identify instances of child pornography, facilitating the reporting of the material to NCMEC as required by federal law. This will allow the NCMEC to refer the cases to law enforcement for investigation and prosecution.RIAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, WY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI813910
3817/12/20217/9/20082008MoneyGram Payment Systems, Inc.Consumer ProtectionConsumer Protection Other44$1,200,000 $1,200,000 Finance & InsuranceThe problem addressed by the AVC is the high number of "fraud-induced transfers"- that is, money wired by consumers to fraudulent telemarketers and other scam artists.MoneyGram has agreed to: pay $1.1 million for a national consumer education program on how to avoid fraud-induced transfers, to be overseen by the AARP Foundation; send prominent anti-fraud messages to its agents electronically every month or whenever a proposed transfer exceeds a certain amount, revise and enhance the company's agent anti-fraud training programs, and provide special training to agents with elevated fraud levels at their locations; take appropriate action to suspend or terminate agent locations that are involved in fraud or that do not take reasonable steps to reduce fraud; block wire transfers from specific consumers or to specific recipients when the company receives information from a state that there are good faith grounds to believe that fraud will occur.AR, IL, MA, NJ, NC, OH, TX, VT, WAAL, AK, AZ, AR, CO, CT, DE, GA, HI, ID, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NV, NH, NJ, NM, NY, ND, NC, OH, OK, OR, RI, SC, SD, TX, UT, VT, VA, WA, WV, WY, DC522320
3807/12/20216/27/20082008Anheuser-BuschConsumer ProtectionMarketing and Advertising11$200,000 $200,000 Beverage ManufacturingInvolved accusations that its marketing for the caffeinated alcoholic drinks targets those under the legal drinking age.Agreed to reformulate its popular "Tilt" and "Bud Extra" brands to remove the stimulants they currently contain.NYNY, CT, ME, AZ, CA, ID, IL, IA, MD, NM, OH312120
3797/12/20216/12/20082008JK HarrisConsumer ProtectionMarketing and Advertising18$1,500,000 $1,500,000 Professional, Scientific, & Technical ServicesJK Harris is a tax-relief company that claimed it could settle debts with the Internal Revenue Service for "pennies on the dollar." Financial Recovery System is a credit-repair company that sent out bogus notices to make people think they needed credit help.Today's settlement, in the form of a consent judgment, requires JK Harris to explain to consumers under what circumstances they would qualify to reach a compromise with the IRS on back taxes. The company will also make several reforms to its advertising and sales practices. The settlement bars Financial Recovery System from offering or performing credit-repair services that do not comply with state and federal laws.MAAZ, CA, CT, FL, IL, ME, MA, MI, MN, NY, NC, OH, PA, SD, TN, VT, WV, AR541213
3787/12/20216/11/20082008Centex HomesEnvironmentWater Pollution Control7$4,300,000 $201,000 ConstructionFederal officials accused the companies of failing to obtain storm water permits before construction begins at a site and sometimes not acquiring a permit at all. They also are alleged to have failed to prevent the discharge of pollutants such as silt and debris.The settlements require the companies to develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems that are detected. The companies must properly train construction managers and contractors, and are required to have trained staff at each construction site. They also must implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA.EPACO, MD, VA, MO, NV, TN, UT236115
3777/12/20215/27/20082008Express Scripts, Inc.Consumer ProtectionMarketing and Advertising29$9,500,000 $9,500,000 Drugs & Druggists' Sundries Merchant WholesalersThe states allege that Express Scripts engaged in unfair business practices by not clearly disclosing all details about the drug switching process. On occasion, the company may also have unfairly communicated the cost benefits from switching prescriptions.The settlement generally prohibits Express Scripts from soliciting drug switches under certain conditions, and nform patients and prescribers what effect a drug switch will have on a patient's co-payment and other information.WA, DC, AZ, AR, CA, CT, DE, FL, IL, IA, LA, MD, MA, MI, MS, MO, MT, NV, NM, NC, OH, OR, PA, SC, SD, TN, TX, VT, VA424210
3767/12/20215/20/20082008MerckConsumer ProtectionMarketing and Advertising30$58,000,000 $58,000,000 Pharmaceutical and Medicine ManufacturingAllegations that it downplayed cardiovascular risks caused by the COX-2 inhibitor Vioxx in direct-to-consumer advertisements dating back to 1999.The agreement calls for Merck to submit all new TV commercials for its drugs to the FDA for review and follow through with any changes the agency recommends before airing them for seven years. Additionally, for a 10-year period Merck must comply with any FDA recommendations to delay television advertising for newly approved pain medications. Merck also agreed to end its practice of so-called "medical ghostwriting."ORPA, AR, AZ, CA, CT, FL, HI, ID, IL, IA, KS, ME, MD, MA, MI, NE, NV, NJ, NC, ND, OH, OR, SC, SD, TN, TX, VT, WA, WI, DC325412
3757/12/20215/8/20082008FacebookConsumer ProtectionInternet Safety and Related Issues50$0 $0 Internet Service Providers, Web Search Portals, & Data ProcessingThe investigation arose out of various concerns that Facebook was not doing enough to promote online safety.Facebook agreed to several key changes, including providing safety messaging where there is a significant risk of an under-18 user revealing personal information to an unknown adult; restricting the ability of users to change their listed ages; acting more aggressively to remove inappropriate content and groups from the site and requiring third party vendors to adhere to Facebook's safety and privacy guidelines.MA, CT, NC, GA, ID, MS, NH, OH, PA, VAAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, WY, UT, VT, VA, WA, WV, WI, DC519130
3747/12/20214/18/20082008National City Commercial Capital Co.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues21$7,200,000 $7,200,000 Finance & InsuranceThe company is one of about 40 finance companies that paid NorVergence for the right to collect on its rental agreements, and continued collection efforts even after NorVergence was forced into bankruptcy in June 2004.National City will forgive 85 percent of the remaining contract balance thereafter, as well as any late fees or other penalties. The company will also forgive 80 percent of the remaining contract balance for customers who previously settled with the company.AZ, CA, CO, CT, DE, FL, GA, IL, KS, LA, MD, MA, MI, MO, NH, NC, OH, PA, RI, WA, WV522220
3737/12/20213/25/20082008Herman Miller, Inc.AntitrustResale Price Maintenance3$750,000 $750,000 Furniture & Related Product ManufacturingThe inquiry alleged that the division's program limited retail price competition by barring retailers from advertising furniture at prices below the company's set price.The consent decree applies only to the Herman Miller for the Home division and prohibits Herman Miller for the Home from entering into agreements with its retail distributors relating to the Minimum Advertised Price Program until Dec. 31, 2010.NY, IL, MIMI, IL, NY337211
3727/12/20213/10/20082008Directory Billing, LLCConsumer ProtectionMarketing and Advertising26$400,000 $400,000 Publishing IndustriesAllegations that the company engaged in deceptive business practices by using "live" activation checks to obligate businesses and organizations to pay for a preferred business listing.The settlement allows current customers who cashed these live checks to cancel their agreement, and they may be eligible for a partial refund of monies paid to Directory Billing. The settlement also requires the company to stop using activation checks as the means of obligating businesses to purchase its products and services.FLPA, AK, AR, AZ, CA, CT, DE, FL, ID, IL, LA, MA, MI, MN, MS, MO, MT, NE, NH, NC, ND, OR, SC, TN, TX, WV511140
3717/12/20212/28/20082008Barr PharmaceuticalsAntitrustMonopolization35$6,000,000 $6,000,000 Pharmaceutical and Medicine ManufacturingAGs alleged Barr illegally received a payment of $20 million from another company to keep Barr from marketing a lower-priced generic version of Ovcon, a prescription oral contraceptive.Barr must provide the states notice of certain agreements it has entered into with generic manufacturers, and must continue to make its records available to the states for inspection to determine whether the company is complying with the terms of the agreement.AK, AZ, AR, CA, CO, DE, DC, FL, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NV, NY, NC, ND, OH, OK, OR, RI, SC, TN, TX, UT, VT, VA371-2005.11.07-Multistate-Warner-Chilcott-and-Barr-Pharma-Complaint-Ovcon-Litigation.pdf371-2008.02.25-Multistate-Barr-Pharmaceuticals-Final-Order-Ovcon-Litigation.pdf325412
3707/12/20212/21/20082008HCI Direct Inc.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues15$455,000 $455,000 Apparel ManufacturingAGs alleged that HCI violated state consumer protection laws by offering prospective purchasers a free sample of its merchandise, including hosiery. After consumers responded to direct mail solicitations, they were automatically enrolled in the company's "continuity sales plan" without their knowledge. Thereafter, if consumers did not cancel the plan, the company would immediately follow up with more shipments the purchaser did not request.Under the terms of the agreement, the company committed itself to include in the intitial solictation, as well as subsequent mailings, a clear and conspicuous dislcosure of all material terms, conditions and obligations of the offer. Moreover, the company agreed to obtain an affirmative response from consumers before enrolling them in the plan and before providing any merchandise, including free samples. The company also must include in its mailings a toll-free number, a mailing address as well as a website address that consumers may contact in order to cancel.PAAK, DE, HI, MI, MT, NC, ND, OH, OR, PA, SC, TN, TX, WA, WY315110
3697/12/20212/14/20082008CVS CaremarkConsumer ProtectionMarketing and Advertising29$41,000,000 $41,000,000 Drugs & Druggists' Sundries Merchant WholesalersAllegations that CVS was deceptive when it encouraged patients to switch prescription drugs under the guise of saving money.The settlement generally prohibits Caremark from soliciting drug switches when the net cost of the proposed drug exceeds that of the originally prescribed drug, when the cost to the patient will be greater, when the original drug has a generic equivalent and the proposed drug does not, when the original drug's patent is expected to expire within six months or if the patient was switched from a similar drug within the past two years.IL, MDAZ, AR, CA, CT, DE, FL, IL, IA, LA, MD, MA, MI, MS, MO, MT, NV, NM, NC, OH, OR, PA, SC, SD, TN, TX, VT, VA, WA, DC446110
3687/12/20211/30/20082008American International GroupAntitrustBid-Rigging; Market Allocation Agreement; Price-Fixing10$13,000,000 $13,000,000 Finance & InsuranceAGs alleged that AIG participated in deceptive insurance bid-rigging, price-fixing and other schemes in the commercial insurance market. Marsh & McLennan devised the scheme to mislead large and small companies, nonprofit organizations and public entities into believing they were receiving the most competitive commercial premiums available.The settlement requires AIG to reform its business practices, including disclosing to its customers the precise amount of compensation it pays to insurance brokers.TXDC, FL, HI, MD, MA, MI, OR, PA, TX, WV524113
3677/12/20211/14/20082008MySpaceConsumer ProtectionInternet Safety and Related Issues50$0 $0 Internet Service Providers, Web Search Portals, & Data ProcessingThe states began investigating the operation after disclosures that thousands of sex predators were using the service.Under the agreement, MySpace agreed to sever links between personal accounts and pornography sites, create a private "high school section" for users younger than 18 and set minors' profiles to "private," meaning only people approved by the user can view personal information and exchange messages. MySpace vowed to respond quickly to complaints about sexual and predatory messages and to educate parents and children about the dangers of the Internet. MySpace also pledged to lead a task force that will develop technology to verify the ages and identities of Internet users, and to continually research security issues. The task force will report to the attorneys general every three months.CT, NCAL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, UT, VT, VA, WA, WV, WI, WY519130
3667/12/202112/31/20072007The Travelers CompaniesAntitrustBid-Rigging; Other10$6,000,000 $6,000,000 Finance & InsuranceThe states accused Travelers of paying undisclosed contingent commissions to agents and brokers that agreed to steer business to the insurer and colluding in a scheme with Marsh to rig bids for excess casualty business.The settlement requires Travelers to reform its business practices, including disclosing to its customers the precise amount of compensation it pays to insurance brokers. Travelers also is barred from continuing to participate in a bid-rigging scheme orchestrated by insurance broker Marsh & McLennan.FLDC, FL, HI, MD, MA, MI, OR, PA, TX, WV524126
3647/12/202112/11/20072007Student Financial ServicesConsumer ProtectionConsumer Protection Lending Practices2$0 $0 Finance & InsuranceAllegations that Student Financial Services (SFS), a company that uses marketing campaigns to originate college loans on behalf of other lenders, was involved in a revenue-sharing scheme to provide financial incentives to some of the nation's top universities, school athletic departments and sports marketing firms for generating loan applications.The company will end all lending-related agreements at a total of 63 schools nationwide by no later than December 31, 2007. The company will launch a print advertising campaign at all 63 schools alerting students that they should carefully shop for student loans, along with other provisions.NYNY, FL
3637/12/202110/29/20072007ACE Group HoldingsAntitrustBid-Rigging; Price-Fixing9$4,500,000 $4,500,000 Finance & InsuranceAllegations of anti-competitive practices, three years after the Bermuda insurer and other carriers were first accused of conspiring with broker Marsh to engage in such acts.he insurer is prohibited from engaging in certain bidding and underwriting practices, and required to provide full disclosure of any amount it pays brokers as compensation at the request of customers. The company, which has already adopted many of the business reforms, is also expected to assist the states as they continue to investigate other brokers and insurers.TXDC, FL, HI, MD, MA, MI, OR, TX, WV524128
3627/12/202110/25/20072007Kroger Co.Consumer ProtectionTobacco42$325,000 $325,000 Retail TradeToday's agreement with Kroger is the eleventh settlement reached by the multistate enforcement effort covering more than 80,000 retail outlets across the nation.Check the identification of any person purchasing tobacco products who appears to be under the age of 27, and accept only valid government-issued photo IDs as proof of age; limit tobacco signage; train employees on state and local laws and company policies regarding tobacco sales to minors.IL, AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IA, KS, KY, LA, ME, MD, MI, MS, MT, NE, NV, NJ, NM, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WY, GU445110
3617/12/202110/12/20072007American Electric PowerEnvironmentAir Pollution Control8$4,675,000,000 $24,000,000 UtilitiesNortheastern states and eastern Canada claim that smokestack emissions from midwestern and southern power plants drift hundreds of miles on prevailing winds, causing acid rain and contributing to the formation of ozone pollution in the Northeast.When fully implemented, the settlement will result in a 77 percent reduction in air emissions from AEP's Eastern power plants, officials said, accounting for 813,000 tons of sulfur dioxide (SO2), nitrogen oxides (NOx) and particulates annually.DOJ; EPANY, CTNY, NJ, MA, VT, CT, NH, MD, RI221122
3607/12/20219/29/20072007Laidlaw InternationalAntitrustMerger Review11$1,100,000 $1,100,000 Transit & Ground Passenger TransportationGovernment charged that FirstGroup's proposed acquisition of Laidlaw would violate the federal Clayton Act and Maine's and other states' antitrust laws.Settlement required divestitures of routes and depots, provision o fmaintenance services, no non-compete agreements, notice to the states of future acquisitions, and no coercion to include certain bid specificationsMAAK, CA, CT, IL, ME, MA, MN, MO, NJ, RI, WA485210
3597/12/20218/30/20072007Guidant Corp.Consumer ProtectionDefective or Unsafe Products36$16,750,000 $16,750,000 Computer & Electronic Product ManufacturingAllegations that the company sold ICDs without disclosing that the medical devices had wiring problems that could result in potentially fatal short circuits.Under the settlement, Guidant agrees to establish a patient safety advisory board consisting of independent experts to evaluate data concerning ICD performance and to establish a patient safety officer position. Also thye must clearly disclose and disseminate to the public certain specific information on a quarterly basis about ICDs made by Guidant, along with other changes.ORAK, AZ, AR, CA, CT, DC, FL, HI, ID, IL, KS, KY, LA, ME, MD, MA, MI, MS, MO, MT, NV, NJ, NM, NC, ND, OH, OR, PA, SC, TN, TX, VT, VA, WA, WI, WY339112
3587/12/20217/23/20072007The Hartford Financial Services GroupAntitrustAntitrust Other3$115,000,000 $115,000,000 Finance & InsuranceAlleged that Hartford failed to police opportunistic hedge funds that were market timing or making rapid trades in and out of its variable annuities.Hartford must cease paying contingent compensation on the following lines of business: homeowners, personal automobile, boiler and machinery and financial guarantee. Additionally, the company promised to improve disclosures about compensation paid to brokers and agents via a Web site and toll-free telephone number accessible to clients.NYCT, IL, NY524113
3577/12/20217/20/20072007E.I. du Pont de Nemours & Co.EnvironmentAir Pollution Control2$70,125,000 $0 Chemical ManufacturingThe government alleged that Du Pont made modifications to its plants which increased emissions of sulfur dioxide without first obtaining pre-construction permits and installing required pollution control equipment. The Clean Air Act requires major sources of air pollution to obtain such permits before making changes that would result in a significant emissions increase of any pollutant.The company will meet new, lower emission limits for sulfur dioxide at its sulfuric acid production units in Darrow, La.; Richmond, Va.; North Bend, Ohio; and Wurtland, Ky. At the Burnside plant in Darrow, the largest of the four, Du Pont will install state-of-the-art "dual absorption" pollution control equipment by Sept. 1, 2009, at an estimated cost of at least $66 million. At the other three plants, DuPont has the option of installing appropriate control equipment or ceasing operations to meet the new lower emission limits.DOJ; EPAVA, OH325320
3567/12/20217/12/20072007America OnlineConsumer ProtectionUnauthorized Fees or Service Cancellation Issues49$3,000,000 $3,000,000 Internet Service Providers, Web Search Portals, & Data ProcessingArose from complaints from customers who said they tried to close their accounts, only to be thwarted in their attempts or discover they were still being billed for services that they thought had been canceled.The agreement requires AOL to record and verify calls from customers who want to cancel their services and also allows them to do it online at http://cancel.aol.com. It also requires AOL to make refunds to consumers who complain of unauthorized charges for services.CAAL, AK, AZ, AR, CA, CO, CT, DE, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC519130
3557/12/20216/20/20072007MicrosoftAntitrustMonopolization; Tying7$0 $0 Software PublishersAllegations that Microsoft's new Vista computer operating system impedes access to the Microsoft desktop by Google's desktop search product.First, will create a mechanism for end users and computer manufacturers to select a default program to handle desktop search. Second, the default desktop search program will be launched whenever Windows launches a new top-level window to provide search results. Third, Microsoft will inform other desktop search companies, computer manufacturers, and end users that the desktop search index in Vista is designed to run in the background and cede precedence over computing resources to any other software product.DOJCACT, CA, MA, DC, IA, KS, MN511210
3547/12/20216/14/20072007ChoicepointConsumer ProtectionConsumer Privacy and Data43$500,000 $500,000 Internet Service Providers, Web Search Portals, & Data ProcessingAllegations that the company failed to adequately maintain the privacy and security of consumers' personally identifiable information that was in its control.The settlement with the states goes beyond the FTC settlement and requires ChoicePoint to improve its credentialing process for clients that obtain Social Security numbers. Among other requirements in the states's agreement, ChoicePoint must perform audits, including independent audits, to make sure that it is properly identifying those individuals or businesses requesting information.AL, AK, AZ, AR, CA, CO, CT, DE, FL, HI, ID, IL, IN, IA, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, SD, TN, TX, VT, VA, WA, WV, WI, DC518210
3537/12/20216/12/20072007Warner Chilcott Corp.AntitrustMonopolization35$5,500,000 $5,500,000 Pharmaceutical and Medicine ManufacturingAGs alleged companies unlawfully agreed to deny consumers the opportunity to purchase a less expensive, generic version of the drug.The settlement prohibits Warner Chilcott, for ten years,from entering into any agreement that would have the effect of limiting the research, evelopment, manufacture, or sale of a generic alternative to one of its drugs. Furthermore, Warner Chilcott must provide the states notice of certain agreements it has entered into with generic manufacturers, and must continue to make its records available to the states for inspection to determine whether the company is complying with the terms of the agreement.COFL, DC, AK, AZ, AR, CA, CO, DE, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NV, NY, NC, ND, OH, OK, OR, RI, SC, TN, TX, UT, VT, VA353-2005.11.07-Multistate-Warner-Chilcott-and-Barr-Pharma-Complaint-Ovcon-Litigation.pdf353-2007.07.06-Multistate-Warner-Chilcott-Final-Order-Ovcon-Litigation.pdf325412
3527/12/20216/7/20072007Rite-AidAntitrustMerger Review7$0 $0 Drugs & Druggists' Sundries Merchant WholesalersThe investigation was triggered by Rite Aid's announcement that it was purchasing about 1,850 Eckerd and Brooks stores and six distribution centers mainly on the East Coast from the Jean Coutu Group (PJC), its Canadian parent.Under its terms, the companies are required to sell one store in each of the 23 geographic markets to a Commission approved buyer. Specifically, the order requires the companies to sell one store in each relevant geographic area to one of five up-front buyers.NYNY, ME, MD, NJ, PA, VT, VA446110
3517/12/20215/16/20072007Capella UniversityConsumer ProtectionConsumer Protection Lending Practices2$0 $0 Educational ServicesAGs alleged school officers accepted consulting fees from a student loan company, Student Loan Xpress.Capella is banned from taking anything of value from a loan company in return for a benefit, such as appearing on a preferred lender list. Preferred lender lists must disclose criteria used to choose the companies on it, and students must be told they can choose any company they want regardless of the list.NYNY, MN611310
3507/12/20215/10/20072007Motion Picture Association of AmericaConsumer ProtectionTobacco25$0 $0 Business AssociationsThe agreement came after a letter from 32 SAGs asking that movie ratings take into account the use of tobacco in the films, in addition to sex and violence.The agreement specifies that the presence of smoking will become one of the factors that decides a motion picture's rating.AR, CA, CO, CT, HI, IL, ME, MD, MA, MN, MS, MP, NH, NJ, NM, NY, OH, OK, OR, PA, TN, UT, VT, WA, WV813910
3497/12/20215/8/20072007Purdue PharmaConsumer ProtectionMarketing and Advertising27$19,500,000 $19,500,000 Pharmaceutical and Medicine ManufacturingAllegations that Purdue Pharma engaged in extensive off-label marketing of OxyContin, a time-released, Schedule II opioid used for pain management of moderate to severe pain over an extended period of time, and that Purdue Pharma failed to adequately disclose abuse and diversion risks associated with the drug in violation of state consumer protection statutes.Requires Purdue to market and promote OxyContin in a manner consistent with its package insert and not in a manner that minimizes the approved uses for the drug; not market or promote OxyContin for off-label purposes - those beyond the approved indications and uses of the drug; prohibits Purdue from marketing OxyContin in a manner that is inconsistent with the FDA approved package insert for the drug, among other requirements.KY, AZ, AR, CA, CT, ID, IL, LA, ME, MD, MA, MT, NE, NV, NM, NC, OH, OR, PA, SC, TN, TX, VT, VA, WA, WI, DC325412
3487/12/20215/5/20072007Beam GlobalConsumer ProtectionConsumer Protection Other36$0 $0 Beverage ManufacturingBeam Global adopted these measures following talks with state Attorneys General from around the country regarding youth exposure to alcohol advertisements.Beam Global has committed to adopting the following policies: Make sure that no more than 25% of the audience for any of its TV, radio or print advertisements is under 21; Insure that no more than 15% of the annual average audience for its TV, radio, and print advertising is underage; Will not introduce or market any flavored malt beverages that the AMA and others have found to be particularly popular with teenage girls; Will not advertise within 500 feet of schools, playgrounds, or places of worship; Will not market on college campuses or in connection with Spring Break events; Adopt enhanced standards for restrictions on brand name merchandise.ME, LAAK, AR, CA, CO, CT, DE, DC, GU, HI, ID, IL, IA, KS, KY, LA, ME, MD, MI, MS, MT, NV, NH, NY, ND, OH, OK, OR, RI, SC, TN, UT, VT, VA, WA, WV, WY312140
3477/12/20214/23/20072007DeVry UniversityConsumer ProtectionConsumer Protection Lending Practices3$88,000 $88,000 Educational ServicesAGs alleged the existence of kickbacks paid to colleges by lenders in exchange for steering students their way.The companies agreed to adopt a code of conduct to guide their relations with student lenders.NYNY, IL, MO611310
3467/12/20212/7/20072007SamsungAntitrustPrice-Fixing37$90,000,000 $90,000,000 Computer & Electronic Product ManufacturingAGs alleged fixed prices of Dynamic Random Access Memory (DRAM) in sales from 1997 through 2002.Samsung has also agreed to injunctive relief that will require the company to refrain from conduct that could substantially lessen competition. Samsung is also required to cooperate with the group of states, including Massachusetts, which is continuing to pursue litigation against the other DRAM manufacturers.NY, CA, ILAK, AR, AZ, CA, CO, DE, FL, HI, ID, KY, IL, IA, LA, ME, MD, MA, MI, MN, MS, NE, NV, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, WA, WV, WI, NM334413
3457/12/20212/1/20072007Partners Equity Capital Co.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues15$950,000 $950,000 Finance & InsuranceThe company is one of about 40 finance companies that paid NorVergence for the right to collect on its rental agreements, and continued collection efforts even after NorVergence was forced into bankruptcy in June 2004.The agreement calls for PECC to refund or not collect more than $2.8 million in rental payments from more than 370 customers in 14 states.CA, CT, DE, GA, IL, KS, MD, MA, MI, MO, NH, NC, OH, PA, RI522220
3447/12/20211/25/20072007Healthcare Research and Development InstituteAntitrustAntitrust Other2$150,000 $150,000 Professional, Scientific, & Technical ServicesAGs alleged that the organization was an anticompetitive club where only select corporations from the health care supply industry were permitted membership.HRDI agreed to dissolve, but it is permitted to reorganize with only health care executives as members.CTCT, FL
3437/12/20211/23/20072007Bayer Corp.Consumer ProtectionMarketing and Advertising30$8,000,000 $8,000,000 Pharmaceutical and Medicine ManufacturingThe states' alleged that Bayer failed to adequately disclose safety risks associated with its cholesterol-lowering drug, Baycol.Requires Bayer to participate in a national clinical trial registry for experimental and recently approved drugs, so that key scientific information is available to pharmaceutical industry researchers and the government, and barred from making false and misleading claims about its products.CT, MI, OR, PA, VTCT, MI, OR, PA, VT, AZ, AR, CA, DE, FL, ID, IL, IA, KS, KY, ME, MD, MA, MS, MT, NV, NC, OH, SC, SD, TN, TX, VA, WA, WI325412
3427/12/202112/22/20062006ChubbAntitrustBid-Rigging3$17,000,000 $17,000,000 Finance & InsuranceThe states alleged that Chubb's business steering tactics were among the most aggressive in the industry. Chubbs own internal committee found from 1999 to 2003, the insurer paid nearly $850 million in contingent commissions, including nearly $100 million to Marsh alone between 1999 and 2002, according to the states.The agreement requires $15 million of the settlement to go directly to policyholders who purchased Chubb excess casualty insurance through Marsh from 2000 through 2004. "This settlement sets a significant and historic precedent - a complete ban on an insurer paying contingent commissions," Blumenthal said.NYNY, CT, IL524126
3407/12/202112/22/20062006Sony BMGConsumer ProtectionDefective or Unsafe Products39$4,250,000 $4,250,000 Computer & Electronic Product ManufacturingInvestigations into problems caused by music CDs loaded with hidden anti-piracy software.As part of the settlement, Sony BMG also agreed to provide restitution to consumers whose computers were damaged by its DRM software.MAMA, AL, AK, AZ, AR, CT, DE, FL, ID, IL, IN, IA, KY, LA, ME, MD, MI, MS, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SD, TN, VT, VA, WA, WV, WI, WY334310
3397/12/202112/15/20062006VonageConsumer ProtectionUnauthorized Fees or Service Cancellation Issues6$500,000 $500,000 TelecommunicationsAGs alleged that Vonage failed to clearly disclose that customers did not automatically have the ability to reach emergency personnel by dialing 9-1-1. At that time, customers had to go through a separate process to activate the 9-1-1 feature.Under the terms of the settlement, consumers who sign up for Vonage service online will see a disclosure of the full 9-1-1 limitations that is separate and distinct from other contract terms. They will have to check a box indicating that they have understood and accept the differences between Vonage and wireline access to 9-1-1 services.FL, IL, MA, MI, NC, TX517110
3387/12/202112/13/20062006YP Corp.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues34$4,810,000 $4,810,000 Publishing IndustriesAGs alleged YP tricked businesses into paying monthly charges by sending them activation checks valued at $3.25 or $3.50 to prospective customers. When the checks were deposited, the businesses were automatically enrolled in YP's Yellow Pages service and charged monthly fees ranging from $27.50 to $39.95.Under the settlement, YP.com must stop using activation checks as the sole device to obligate businesses to purchase its products and services. Within the next few weeks, YP.com must also inform current "activation check" customers of their right to cancel their YP.com agreement and seek at least a partial refund.MOMO, AK, AR, AZ, CA, CT, DE, FL, GA, ID, IL, IN, KS, KY, LA, MA, MI, MN, MS, MT, NE, NV, NH, NJ, NC, ND, OR, PA, SC, TN, TX, WA, WV, WY511140
3377/12/202112/11/20062006Trilegiant Corp.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues17$14,500,000 $14,500,000 Professional, Scientific, & Technical ServicesAllegedly offered free memberships to discount programs without alerting consumers they would be charged fees up to $99 if they did not cancel within a specified time.The settlement prohibits these practices in the future, and compels Trilegiant or any company that solicits Chase customers in a similar manner, to clearly disclose all terms of any "free trial," including when and how the customer will be billed for any membership - and how to cancel. The settlement also forbids Chase and Trilegiant from using other deceptive marketing techniques, including claims that the solicitations are a "reward" or "rebate."CACA, AK, CT, IL, IA, ME, MI, MO, NJ, NC, OR, PA, TN, VT, WA, OH, LA541611
3367/12/202110/24/20062006The Weinstein Co.Consumer ProtectionTobacco41$0 $0 InformationAfter receiving a September 2006 letter that the Attorneys General of 40 states sent to 13 major motion picture companies, agreed to insert anti-smoking public service announcements (PSAs) in DVDs of movies in which smoking is depicted.Weinstein has become the first motion picture company to agree to insert anti-smoking public service announcements (PSAs) in DVDs of movies in which smoking is depicted.CACA, AK, AR, AZ, CT, DE, FL, HI, ID, IL, IA, KS, KY, LA, ME, MA, MD, MN, MT, NV, NH, NJ, NM, NY, OH, OK, OR, PA, RI, SD, TN, UT, VT, VI, WA, WV, WI, WY, MP, PR, DC512110
3357/12/202110/16/20062006Friedman's JewelersConsumer ProtectionUnauthorized Fees or Service Cancellation Issues18$2,150,000 $2,150,000 Retail TradeAGs alleged that the jewelry company engaged in unfair or deceptive trade practices by failing to adequately inform consumers regarding insurance fees charged by Friedman's.Under the settlement, Friedman's will have to clarify credit and insurance agreements, provide written warranties, advise all customers that insurance is optional and designate an executive to oversee consumer-protection law compliance.AL, AR, DE, FL, GA, IL, IA, KY, LA, MD, MS, MO, NC, OH, OK, SC, TN, TX448310
3337/12/202110/10/20062006Crown Bank LeasingConsumer ProtectionUnauthorized Fees or Service Cancellation Issues7$0 Finance & InsuranceThe company is one of about 40 finance companies that paid NorVergence for the right to collect on its rental agreements, and continued collection efforts even after NorVergence was forced into bankruptcy in June 2004.DC, GA, IL, MD, MA, MI, RI522110
3327/12/20219/29/20062006PayPal, Inc.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues28$1,700,000 $1,700,000 Finance & InsuranceThe agreement comes after years of complaints lodged against PayPal for issues ranging from frozen accounts to unauthorized withdrawals from users' banks.The settlement requires PayPal to spell out important terms and conditions before a consumer becomes a PayPal member and when members initiate transactions; make information more accessible to users by changing how the company uses hyperlinks and multi-page documents; provide its members with a clear choice regarding what form of payment to use, either credit card, debit card or electronic funds transfer from a bank account; and provide clear access to web pages explaining important differences between its in-house dispute resolution programs and chargeback rights granted by federal law to consumers who use electronic banking, debit cards and credit cards to make payments and purchases.ILAL, AZ, CA, DE, FL, GA, HI, IL, IN, IA, LA, MD, MN, MS, NE, NV, NJ, NY, NC, OH, OK, OR, SD, TN, TX, VT, WA, WV522320
3317/12/20219/27/20062006United Egg ProducersConsumer ProtectionMarketing and Advertising17$100,000 $100,000 Business AssociationsThe states and the FTC had alleged that the "Animal Care Certified" logo stamped on egg cartons since 2002 was misleading to consumers.The egg industry also agreed to permanently drop "Animal Care Certified" logos on egg cartons.AK, CA, CT, DE, HI, IL, IA, ME, MA, NV, NJ, OH, OR, TN, VT, WV, DC813910
3307/12/20218/25/20062006Popular Leasing U.S.A., Inc.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues22$15,300,000 $15,300,000 Finance & InsurancePopular Leasing is one of about 40 finance companies that paid NorVergence for the right to collect on its rental agreements, and continued collection efforts even after NorVergence was forced into bankruptcy in June 2004.Popular Leasing also agreed to refund a portion of premiums and other fees associated with replacement insurance for the matrix boxes.CT, CA, CO, DE, GA, IL, IA, KS, KY, LA, MD, MA, MI, MO, NH, NC, OH, PA, RI, WA, WV, DC522220
3297/12/20218/1/20062006St. Paul Travelers Insurance CompaniesAntitrustBid-Rigging3$77,000,000 $77,000,000 Finance & InsuranceAccused the insurer of improper business practices, which include paying undisclosed contingent commissions to agents and brokers to steer business to St. Paul; engaging in so-called ``reinsurance tying'' agreements, in which reinsurance arrangements are linked to insurance placements; and colluding with several other insurers in a scheme led by New York-based Marsh Inc. to rig bids for excess casualty insurance.The multistate agreement reached by St. Paul Travelers largely mirrors settlements reached by other insurers. St. Paul Travelers is barred from paying contingent commissions on excess casualty business through 2008 and on lines of business where insurers representing 65% of overall gross premiums written in that line do not pay such commissions. St. Paul Travelers is also mandated to support legislation that would outlaw such payments industrywide. Furthermore, the insurer is required to adopt a series of business reforms, including: enhanced disclosure of its compensation for producers, improved employee training and education, better controls on its finite and nontraditional reinsurance transactions and stricter reinsurance reporting obligations.NYNY, CT, IL524126
3277/12/20216/14/20062006Gateway DistributorsConsumer ProtectionMarketing and Advertising18$100,000 $100,000 Other/Non ClassifiedThe multi-state action alleged that The Right Solution mailed an advertisement to Montana residents labeled as a "Medical Recall Notice." The notice falsely stated that prescription estrogen and progesterone products have been the subjects of medical recalls. The Right Solution's notice said that the products were hazardous to consumers' health and further claimed that the products could cause breast cancer, cervical cancer and endometrial cancer. The notice urged consumers to instead use The Right Solution's product, "YMotion Yam Cream."In the settlement, the companies and their owner agreed to stop selling their YMotion Progesterone cream or any other drug products as treatments for human illnesses or diseases, unless they are first approved by the FDA. In addition, the companies and their owner agreed to not make any health claims in their advertisements unless they possessed clinical research proving their claims to be true. The Right Solution agreed to return all of the payments it received from consumers who file complaints about the YMotion Yam Cream products they purchased by December 11, 2006.MDMT, AZ, CA, DC, IL, KY, MD, MI, MO, NV, NC, OH, OR, PA, TN, VT, WA, WI454390
3267/12/20215/10/20062006Hartford Financial Services Group Inc.AntitrustBid-Rigging2$20,000,000 $20,000,000 Finance & InsuranceAGs alleged that it fraudulently paid millions of dollars in undisclosed commissions to four brokers to steer group annuity business to it.The deal imposes limits on contingent commissions after that date: If insurers writing 65% of gross premiums in the group annuity market do not pay contingent commissions, for example, Hartford may not offer them either. The 65% test is identical to the threshold AG Spitzer set for excess casualty lines in his settlements of Marsh-related charges with AIG, ACE and Zurich.NY, CTCT, NY524113
3257/12/20215/8/20062006Mirant Mid-AtlanticEnvironmentAir Pollution Control2$1,500,000 $1,000,000 UtilitiesThe governments brought suit over concerns that the plant's NOx contributes to the formation of acid rain and also increases low-level ozone, which causes smog, and fine PM causes haze. These pollutants can cause severe respiratory problems and exacerbate cases of childhood asthma.The settlement requires Mirant to install pollution controls on several coal-fired units and to cap its annual emissions of NOx.DOJ; EPAVA, MD221120
3247/12/20215/3/20062006ACE Group HoldingsAntitrustBid-Rigging3$80,000,000 $80,000,000 Finance & InsuranceThe settlement resolved a variety of charges against ACE, including that it entered into half a dozen sham reinsurance contracts that transferred no risk, and that it willingly provided bogus premium quotes to help Marsh rig client insurance placements.ACE agreed to issue an apology, reform its business practices, pay $40 million into a restitution fund and pay $40 million in fines and penalties ($24 million to NY, $8 million each to IL and CT).NYNY, CT, IL524128
3237/12/20215/1/20062006ChevronConsumer ProtectionTobacco28$0 $0 Retail TradeThe Chevron agreement is part of an ongoing, multi-state enforcement effort by Attorneys General across the nation to take specific corrective actions to prevent sales of tobacco products to minors.Chevron will ensure that employees selling tobacco are at least 18 years old, post signs about checking identification, set up security cameras to record sales and make other changes to reduce tobacco sales to minors.CAAL, AK, AZ, AR, CA, DE, DC, FL, HI, ID, KY, LA, MD, MS, MT, NV, NJ, NM, OH, OR, PA, SC, TN, TX, UT, VA, WA, WY447110
3227/12/20214/25/20062006Yellow Pages, Inc.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues28$535,000 $535,000 Publishing IndustriesAGs alleged that Yellow Pages, Inc., tricked businesses into paying for advertising services they never intended to purchase, then referred the debt to collections if they failed to pay.The settlement prohibits Yellow Pages, Inc., from sending solicitations in the form of a check which, when cashed or deposited, purports to obligate the consumer to pay for goods or services. The company is also restricted from collecting payments from consumers who previously received check solicitations or attempting to automatically renew any contracts with those consumers.WA, AL, AK, AZ, AR, CA, DE, FL, GA, ID, IL, KS, KY, LA, MA, MI, MN, MS, MT, NE, NV, NJ, ND, OR, PA, TN, TX, WI511140
3217/12/20214/12/20062006GlaxoSmithKlineAntitrustMonopolization50$3,500,000 $3,500,000 Pharmaceutical and Medicine ManufacturingAGs alleged that the company unscrupulously tried to prevent generic versions of these drugs from entering the market, resulting in higher prescription prices.NY, OHAL, AK, AZ, AR, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WI, WY325412
3207/12/20213/28/20062006GlaxoSmithKlineAntitrustMonopolization51$14,000,000 $14,000,000 Pharmaceutical and Medicine ManufacturingAGs alleged that GlaxoSmithKline used frivolous patent-infringement lawsuits against generic drug makers, triggering automatic extensions of the patent for Paxil. That delayed the introduction of generic versions of the drug, resulting in higher prices both for state drug programs and the general public.The state settlement secures recovery for purchasers that could not recover under the class settlement. The settlement also provides recovery for other state proprietary purchases for indigent care.NY, MDAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WI, WY, DC, PR320-2006.03.27-Multistate-GlaxoSmithKline-Complaint-Paxil-Litigation.pdf320-2006.02.08-Multistate-GlaxoSmithKline-Settlement-Agreement-Paxil-Litigation.pdf325412
3197/12/20213/26/20062006Time, Inc.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues23$8,800,000 $8,800,000 Publishing IndustriesInvestigators for the states found that Time had billed consumers or charged their credit cards for ''unwanted or unordered'' subscriptions, the attorneys general said. In addition, automatic renewal offers were made to look like billing invoices.As part of the settlement, Time has agreed to provide clear disclosure concerning all terms for automatic subscription renewals. The publisher will also send customers written reminders about magazine renewals and will detail their right to cancel their subscription.FLIL, AK, CA, DE, FL, HI, IA, ME, MD, MI, MO, NV, NJ, NM, NY, OH, OR, PA, TN, TX, VA, WV, WI511120
3187/12/20213/23/20062006Zurich AmericanAntitrustBid-Rigging15$324,700,000 $301,800,000 Finance & InsuranceThe states discovered that Zurich American failed to disclose it paid "contingent commissions" to insurance brokers and conspired with brokers in a scheme to overcharge commercial policyholders.The settlements bar Zurich from engaging in any of the abusive practices alleged by the states for a period of 10 years, and the company is now required to fully disclose all compensation to agents and brokers.NYCT, IL, NY, CA, FL, HI, MD, MA, OR, PA, TX, VA, WV, MI, DC524126
3177/12/20213/20/20062006Distilled Spirits Council of the United StatesConsumer ProtectionConsumer Protection Other2$0 $0 Business AssociationsThe AGs sought this agreement because they claimed research clearly establishes that alcohol advertising has a significant impact on young people's decisions to drink alcohol.Members of the Distilled Spirits Council agreed to remove their alcohol advertisements from school library editions of five popular magazines - People, Sports Illustrated, Time, Newsweek and U.S. News & World Report.NY, MDNY, MD813910
3167/12/20213/15/20062006CVSConsumer ProtectionTobacco44$250,000 $250,000 Retail TradeLaunched in 2000, the multi-state enforcement effort by the group of Attorneys General focuses on retailers with poor records of selling tobacco products to minors.Check the ID of any person purchasing tobacco products when the person appears to be under the age of 27, prohibit self-service displays of tobacco products, hire an independent entity to conduct random compliance checks, Limit tobacco signage to brand names, logos, other trademarks, and pricing, and train employees on state and local laws and company policies regarding tobacco sales to minors.IA, MD, MAAL, AZ, AR, CA, CO, CT, DE, DC, FL, HI, ID, IL, IA, KS, KY, LA, ME, MD, MI, MN, MS, MT, NE, NV, NH, NJ, NM, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY446110
3157/12/20213/3/20062006Berkeley Premium NutraceuticalsConsumer ProtectionUnauthorized Fees or Service Cancellation Issues17$2,500,000 $2,500,000 Food & Beverage StoresThe states claim that when consumers made an initial order of a "free" 30-day trial of dietary supplement pills, Berkeley representatives failed to tell them they would automatically receive additional shipments and be billed $39. The company also allegedly often made it difficult for consumers to cancel shipments or get their money back.The company will stop using the word "free" in advertising unless all the terms and conditions related to the free offer are disclosed to the consumer and comply with state and federal laws; Not make any health claims about products that they cannot support with scientific evidence; Disclose information about any automatic shipments, memberships, refunds and guarantee procedures prior to a sale; Record all telemarketing calls and retain them for one year; Provide consumer restitution for all consumers who file complaints with the Attorney General's office, the Better Business Bureau, or Berkeley within 90 days of the date of the settlement.WA, AR, FL, MO, NC, OH, OR, PA, VA, WI, DC, CA, IL, KS, MS, MT, VT541860
3147/12/20212/15/20062006BB&T Leasing CorporationConsumer ProtectionUnauthorized Fees or Service Cancellation Issues10$6,000,000 $6,000,000 Finance & InsuranceAGs alleged that company knew or should have known that its financing agreements with more than 200 small businesses were fraudulent. At the center of the deceptive practices is NorVergence.Under the terms of today's settlement, if all eligible consumers participate in the settlement, BB&T will refund or forgive over $6 million in rental payments it claimed NorVergence customers owed.MACT, DC, DE, IL, MD, MA, MI, NH, PA, RI522110
3127/12/20211/25/20062006Newport Creative CommunicationsConsumer ProtectionMarketing and Advertising19$400,000 $400,000 Advertising and Related ServicesState officials say the sweepstakes promotions were misleading because they implied that recipients had already won and only needed to make a donation to receive a prize, but the company in most cases paid out no prize money.Under the terms of the agreement, Newport's direct-mail solicitations will no longer claim that the recipient has already won a prize, or will be guaranteed a prize by responding to the solicitation. Newport will also stop creating mailings unless the charity ultimately does award a prize. The company will be required to include inserts in its mailings that explicitly state that the consumer has not already won a prize, and that donating to the charity does not improve chances for winning.MT, AR, CA, KY, MA, MI, MN, NV, NJ, NC, OH, OR, PA, SC, TN, TX, VA, WA, WI541860
3117/12/20211/23/20062006Ameriquest Mortgage Co.Consumer ProtectionConsumer Protection Lending Practices49$325,000,000 $325,000,000 Finance & InsuranceThe states alleged that Ameriquest engaged in a hyper-aggressive, high pressure sales culture that encouraged its sales personnel to engage in deceptive and fraudulent conduct, including: charging consumers thousands of dollars in discount points that resulted in higher commissions for sales personnel but failed to yield a lower interest rate for borrowers; concealing the interest rate and loan costs during the application process; sending inaccurate "good faith estimates"; making misleading comparisons between borrowers' existing loans and Ameriquest's loan proposals; falsifying loan documents to push through loans, including inflating borrowers' incomes; pressuring appraisers to inflate the values of borrowers' homes; closing loans before they were approved by the corporate office; and failing to fund loans in a timely fashion.The settlement agreement requires Ameriquest to: provide the same interest rates and discount points for similarly situated consumers; provide full written and oral disclosures regarding interest rates, discount points and prepayment penalties, and provide important information regarding consumers' pricing options; overhaul its appraisal practices by prohibiting sales personnel from selecting, contacting, or attempting to influence appraisers; provide accurate good faith estimates; refrain from soliciting borrowers for refinancing within two years of the original loan, except under limited circumstances; use independent loan closers; and adopt policies to protect whistle-blowers and facilitate reporting of improper conduct. The agreement also provides for the appointment of an independent monitor to oversee Ameriquest's compliance with the settlement. The monitor will have broad authority to examine Ameriquest's lending operations and will have access to Ameriquest documents and personnel.IA, NY, CA, IL, WAAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, WA, WV, WI, WY522310
3107/12/202112/12/20052005DirecTVConsumer ProtectionUnauthorized Fees or Service Cancellation Issues22$5,000,000 $5,000,000 BroadcastingConsumers in several states complained about small unreadable print in advertisements and not being able to understand exactly what their obligations were to DIRECTV until after they were committed by a contract. Other complaints included consumers being charged a fee for not activating DIRECTV in a timely way, paying for but not receiving all local channels they expected to receive, or about being assessed a fee for terminating service before the "free programming offer" period expired.As part of the agreement, DIRECTV has agreed to provide restitution to consumers who complained about the matters previously discussed, clearly explain all restrictions and conditions in its advertising.NV, DE, FL, GA, ID, IL, KS, MD, MA, MT, NE, NJ, NM, NY, NC, OH, OR, PA, TN, TX, VT, WV515210
3097/12/202112/12/20052005ConocoPhillipsConsumer ProtectionTobacco40$0 $0 Retail TradeLaunched in 2000, the multi-state enforcement effort by a group of 32 Attorneys General focuses on retailers with poor records of selling tobacco products to minors.In addition to spelling out the requirements for the independently owned and operated retail outlets, the agreement contains a series of policies and procedures that will be fully implemented at stores directly owned and operated by ConocoPhillips. These procedures will be designed to serve as a model set of safeguards for the independent outlets.IA, CAFL, AZ, AR, CA, CO, CT, HI, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NY, OK, OR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY447110
3087/12/202112/5/20052005Irwin Commercial Finance Corp.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues13$0 $0 Finance & InsuranceBoth companies are of about 40 finance companies that paid NorVergence for the right to collect on its rental agreements, and continued collection efforts even after NorVergence was forced into bankruptcy in June 2004.The company agreed to forgive up to 85% of the remaining obligations of the involved customers.CT, DC, GA, IL, KS, MD, MA, MI, NH, NC, OH, PA, RI522220
3077/12/202111/14/20052005Western Union Financial ServicesConsumer ProtectionConsumer Protection Other48$8,600,000 $8,600,000 Finance & InsuranceInvolved the problem of bogus telemarketers and others using the company's money transfer services for fraudulent purposes.Western Union will develop a computerized system to spot likely fraud-induced transfers before they are completed, and increase the company's anti-fraud staffing; warn consumers of various scams and even prevent the wiring of funds if the destination has been linked to fraud.AR, MA, NJ, NY, NC, OH, TX, VT, WA, WIAL, AK, AZ, AR, CO, CT, DE, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NC, ND, OH, OK, OR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC, MP522320
3067/12/202111/3/20052005AmeriNet, Inc.Consumer ProtectionConsumer Protection Other5$50,000 $50,000 Other/Non ClassifiedAlleged that AmeriNet allowed several telemarketers, some of which are based in Canada, to use AmeriNet as a "third-party processor" for what turned out to be fraudulent electronic debits or demand drafts from consumers' accounts without the consumers' express authorization.AmeriNet also must make full restitution to consumers whose accounts were debited by the company in connection with any telemarketing or Internet transaction, refrain from doing business with certain telemarketers and follow detailed prescreening and monitoring procedures designed to prevent future unauthorized debits.IL, VT, FL, NC, OH541861
3057/12/202111/3/20052005U.S. Express Leasing, Inc.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues12$1,590,000 $1,590,000 Finance & InsuranceUS Express is one of about 40 finance companies that paid NorVergence for the right to collect on its rental agreements, and continued collection efforts even after NorVergence was forced into bankruptcy in June 2004.Agreed to forgive approximately 85 percent of the debt the company claims consumers owe on rental agreements as of July 15, 2004, and provide up to two years for customers to pay any remaining balances.IL, CA, CO, CT, GA, KS, MD, MA, MI, NC, PA, SD522220
3047/12/202110/31/20052005ExxonMobilEnvironmentAir Pollution Control3$18,400,000 $9,700,000 Petroleum & Coal Products ManufacturingInvolved harmful air emissions by more than 53,000 tons per year at the company's seven United States petroleum refineries.Under the terms of the agreement, ExxonMobil will pay $8.7 million in civil penalties, and spend an additional $9.7 million on Supplemental Environmental Projects (SEPs) in communities around the company's refineries. As partners in the settlement, the states of Illinois, Louisiana, and Montana will share in the civil penalties.EPAIL, LA, MT324110
3037/12/202110/13/20052005YahooConsumer ProtectionInternet Safety and Related Issues2$1,000,000 $1,000,000 Nonstore RetailersInvolved an investigation into chat rooms where children were solicited for sex.Besides funding a Nebraska education effort that will be developed with the NE AG's office, Yahoo also will prepare a manual for state, federal and local law officers to help them investigate child safety cases.NENE, NY519130
3027/12/202110/3/20052005MCI WorldComConsumer ProtectionConsumer Protection Other16$331,000,000 $331,000,000 TelecommunicationsClaims that MCI engaged in a sham royalty scheme to avoid payment of Pennsylvania taxes from 1999 to 2002.The money, to be paid this month, constitutes 78 percent of the amount that state investigators said was owed by the company. The AGs said the states were willing to settle because the money is to be paid immediately and because they may not have gotten as much in a trial.PA, MA, FL, GAMI, AL, AR, CT, DC, FL, GA, IA, KY, MD, MA, MO, NJ, OH, PA, WI517210
3017/12/20219/1/20052005CargillEnvironmentAir Pollution Control10$135,100,000 $3,500,000 AgricultureAGs alleged that Cargill had significantly underestimated emissions from its operations in 13 states.Today's settlement calls for broad sweeping environmental improvements at all nine of Cargill's corn processing plants, significantly advancing recent efforts by the government to bring the ethanol industry into compliance. With the lodging of today's consent decree, 81 percent of uncontrolled ethanol production capacity will now be under settlement agreements to install air pollution control technologies to reduce emissions.EPAAL, GA, IL, IN, IA, MO, NE, NC, ND, OH115114
3007/12/20218/30/20052005Federated Department StoresAntitrustMerger Review5$0 $0 Retail TradeInvolved an investigation of the proposed acquisition of The May Department Stores Company by Federated Department Stores, Inc. The merger involved the two largest operators of conventional department stores.Certain stores within those states would be sold to certain other identified conventional department stores as long as Federated received a commercially reasonable bid from a conventional department storeNY, PACT, MD, MA, NY, PA452110
2997/12/20218/16/20052005Reliant EnergyConsumer ProtectionUnauthorized Fees or Service Cancellation Issues3$512,000,000 UtilitiesClaims against Reliant for refunds, disgorgement of profits, billing adjustments or other monetary remedies stemming from the Commission's refund proceedings and physical withholding investigation covering the period January 1, 2000 through June 20, 2001, as well as civil claims.Reliant must continue to abide by a must-offer obligation for an additional two years beyond the term provided in a previous settlement with Commission staff, and continue to follow the Commission's market behavior rules. Reliant must also report to the Commission and provide data regarding sales of electricity in the U.S. portion of the Western Electricity Coordinating Council. In addition, Reliant will be subject to semi-annual independent audits of outages.FERCCACA, OR, WA221120
2987/12/20218/15/20052005De Lage Landen Financial Services, Inc.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues14$872,000 $872,000 Finance & InsuranceDe Lage Landen is one of about 40 finance companies that paid NorVergence for the right to collect on its rental agreements, and continued collection efforts even after NorVergence was forced into bankruptcy in June 2004.Agreed to forgive approximately 85 percent of the debt they claim consumers owe on rental agreements and provide up to two years for customers to pay any remaining balances.IL, CA, CT, DE, GA, MD, MA, MI, MO, PA, RI, VA, TX, DC522291
2977/12/20218/11/200520057-Eleven Inc.Consumer ProtectionTobacco41$375,000 $375,000 Retail TradeLaunched in 2000, the multi-state enforcement effort by the group of Attorneys General focuses on retailers with poor records of selling tobacco products to minors.7-Eleven will hire an independent company to run a national mystery-shop program. Random compliance checks will be done annually at 900 7-Eleven stores in the signing states.CA, MDAZ, AR, CA, CO, CT, DE, FL, HI, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MO, MT, NE, NV, NH, NJ, NY, OH, OK, OR, PA, RI, SC, SD, TX, UT, VT, VA, WA, WV, WI, WY, DC447110
2967/12/20217/16/20052005EnronConsumer ProtectionUnauthorized Fees or Service Cancellation Issues3$1,530,000,000 UtilitiesInvolved claims and matters arising from transactions and allegations of manipulations in the Western energy markets from January 16, 1997, through June 25, 2003.The settlement would allow unsecured claims of $875 million (the amount tied to Enron's bankruptcy proceeding); impose a $600 million civil penalty in favor of the California, Oregon and Washington attorneys general; and provide cash or cash equivalent of approximately $47.4 million.FERCCACA, WA, OR221120
2947/12/20216/16/20052005SunocoEnvironmentAir Pollution Control3$3,000,000 $1,500,000 OH, OK, PA
2937/12/20216/16/20052005Valero Refining Corp.EnvironmentAir Pollution Control6$5,500,000 $2,100,000 The federal government alleged that Valero violated the Federal Clean Air Act by failing to abide by more rigorous environmental requirements, including the installation of upgraded pollution control devices as the company modernized its facilities over time.In addition to the overall required environmental capital improvements, the company has agreed to implement supplemental environmental projects (SEPs) at its six plants in southeast Texas and the Panhandle. The projects, to be located at or near the refineries, will cost $11 million.TX, LA, OK, CO, NJ, CA
2927/12/20215/26/20052005CIT GroupConsumer ProtectionUnauthorized Fees or Service Cancellation Issues21$24,000,000 $24,000,000 Finance & InsuranceThe companies are some of about 40 finance companies that paid NorVergence for the right to collect on its rental agreements, and continued collection efforts even after NorVergence was forced into bankruptcy in June 2004.The settlement mandates that CIT and USB will only collect 15 percent of the customer's remaining balance after July 15, 2004.MAMA, AZ, CO, CT, DE, IL, KS, LA, MD, MI, MO, NH, NC, OH, PA, RI, SC, SD, WA, WV, DC522110
2917/12/20215/20/20052005GE Capital Corp.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues8$2,890,000 $2,890,000 Finance & InsuranceGE Capital is one of about 40 finance companies that paid NorVergence for the right to collect on its rental agreements, and continued collection efforts even after NorVergence was forced into bankruptcy in June 2004.The forgiveness represents some 85% of the debt owed beginning on July 15, 2004, the approximate date that NorVergence stopped providing services.IL, CT, GA, MD, NC, PA, SC, WA523120
2907/12/20214/9/20052005Willis Group Holdings Ltd.AntitrustBid-Rigging2$51,000,000 $51,000,000 Finance & InsuranceThe deal ends investigations into Willis' activities in shopping for insurance coverage for corporate customers, in particular whether they led to substantial overcharging for policies.As part of the deal, Willis agreed to certain changes in its business practices, including better disclosure to clients and greater "transparency" in transactions.MN, NYMN, NY524210
2897/12/20213/29/20052005BlockbusterConsumer ProtectionUnauthorized Fees or Service Cancellation Issues47$630,000 $630,000 Retail TradeAGs alleged that Blockbuster had not sufficiently alerted customers that they would have to buy items they had rented if they did not return them within seven days, under its "End of Late Fees" program.Under the new regulations, customers have a seven-day grace period to return a rented movie or game after its initial due date. If the product is not returned by this time, the rental is automatically converted into a sale, and Blockbuster will charge the member's account or credit card the selling price.OR, AR, CA, IL, IDAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, WA, WV, WI, WY532230
2887/12/20213/18/20052005Ohio EdisonEnvironmentAir Pollution Control3$1,100,000,000 $10,000,000 UtilitiesAGs alleged that the plants created harmful emissions that drift across state lines and cause respiratory problems throughout the Northeast.In exchange for not putting scrubbers on all the stacks at Sammis, the utility agreed to reduce pollution at its Eastlake plant in Lake County, its R.E. Burger Plant in Belmont County, and its Bruce Mansfield plant in Beaver County, Pa. Most of the equipment will be purchased and installed between 2008 and 2010. The company will pay a further $25 million for programs designed to mitigate the harmful effects of its past violations, including $14.4 million for wind power projects in Pennsylvania, New Jersey or western New York, and give the National Park Service $215,000 for a project to reduce air pollution in the Shenandoah National Park.EPA; DOJNY, CT, NJNY, CT, NJ221120
2877/12/20213/17/20052005MastercardConsumer ProtectionTobacco10$0 $0 Finance & InsuranceAccording to the AGs, in addition to violating state and federal laws, Internet cigarette sales increase smoking rates, which in turn lead to increases in smoking-related illnesses and deaths.Among the many actions some of the credit card companies have taken to stop illegal online sales are: (1) adopting policies to prohibit the use of credit cards for the illegal sale of cigarettes over the Internet; and (2) agreeing to investigate and take action with respect to any Internet sellers identified by law enforcement as accepting their credit cards for illegal online cigarette sales.ATFNY, CA, ORNY, CA, OR, CO, PA, VT, ID, LA, MD, WI522320
2867/12/20213/14/20052005Abbott LaboratoriesAntitrustMarket Allocation Agreement; Monopolization3$30,700,000 $30,700,000 Pharmaceutical and Medicine ManufacturingThe complaint alleged that the companies had conspired to engage in anticompetitive conduct that delayed the availability of a more affordable generic version of the medication.FL, CO, KSFL, CO, KS325412
2857/12/20213/14/20052005Aon CorporationAntitrustBid-Rigging; Market Allocation Agreement; Other3$190,000,000 $190,000,000 Finance & InsuranceAlleged that for years Aon received special payments from insurers to the detriment of its clients. The payments were described as "above and beyond normal sales commissions."Aon agreed to pay $190 million into a fund to be paid to Aon's policyholder clients; must undertake specific business reforms, including not accepting Contingent Compensation, requests or any compensation in connection with Aon's selection of insurers from which to solicit bids for its clients, and not submitting false or inflated quotes.NYNY, IL, CT524210
2847/12/20213/3/20052005First DataBankAntitrustMonopolization1$925,000 $925,000 Professional, Scientific, & Technical ServicesClaims by the States Attorneys General that the acquisition of Medi-Span gave Hearst an illegal monopoly in the market for these databases, and caused public entity purchasers to pay anticompetitive prices for electronic drug information.522320
2837/12/20212/1/20052005SmithKline Beecham Corp.AntitrustMonopolization56$10,000,000 $10,000,000 Pharmaceutical and Medicine ManufacturingAlleging patent misuse and sham litigation designed to prevent generic entry.MD, NY, FLAL, AK, AS, AZ, AR, CA, CO, CT, DE, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NV, NE, NH, NJ, NM, NY, NC, ND, MP, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VI, VA, WA, WV, WI, WY, DC325412
2827/12/20211/27/20052005ConocoPhillipsEnvironmentAir Pollution Control3$525,000,000 $10,000,000 Petroleum & Coal Products ManufacturingClaims of harmful air pollution from 11 refineries located throughout the United States.ConocoPhillips must install new pollution controls that will reduce by approximately 1,300 tons per year the refinery's emissions of nitrogen oxides (NOx), which contribute to the formation of ozone and thereby aggravate respiratory ailments such as asthma. In addition, ConocoPhillips will install a new fuel gas system that will reduce emissions of sulfur dioxide (SO2) by thousands of tons per year; other provisions.EPA; DOJIL, LA, NJ324110
2817/12/202111/19/20211/13/20052005Alyon TechnologiesConsumer ProtectionUnauthorized Fees or Service Cancellation Issues23$285,000 $285,000 InformationConsumers claimed they were billed $4.99 per minute by Alyon Technologies for access to adult Web sites they neither visited nor agreed to purchase. In some cases, clicking on an innocent looking pop-up window triggered the download of adult material. In others, children were exposed to adult sites without parental permission, and parents were later billed.Improved procedures by Alyon to better ensure that only adults authorized to incur charges are on the other end of the modem before connecting them to adult material or starting the clock on per-minute charges; Alyon will provide consumers with a free utility program they can download to remove all modem dialer software deposited by their clients; lyon will require the adult Web site operators to refrain from using potentially deceptive methods to download modem dialer software onto consumers' computers.
2807/12/20211/13/20052005National Research Center for College and University AdmissionsConsumer ProtectionConsumer Privacy and Data42$300,000 $300,000 Professional, Scientific, & Technical ServicesAllegations that plaintiff shared personal data from high school student surveys with marketers.Under the settlement, NRCCUA may not misrepresent how it collects or shares personal information compiled from the Survey. NRCCUA must disclose clearly and conspicuously why it collects personal information and what entities are funding the Survey. NCCRUA must cease all use of survey data collected from a student if a parent or adult high school student opts-out of completing the survey. Upon request, NRCCUA must also cease the use of all previously collected information.IAAL, AK, AZ, CA, CO, CT, DE, FL, HI, ID, IL, IA, KY, LA, ME, MD, MI, MN, MS, MO, MT, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY541613
2797/12/20211/10/20052005State Farm Mutual InsuranceConsumer ProtectionConsumer Protection Other50$41,000,000 $41,000,000 Finance & InsuranceState Farm's records showed that it had properly titled about 2.4 million vehicles in recent years, but that a smaller number were not properly titled.The company is working with state motor vehicle departments to determine who will receive compensation for buying a car they didn't realize had been in a serious accident.IAAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, DC, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY524126
2787/12/2021Daicel Chemical Industries, Ltd.AntitrustPrice-Fixing6$1,350,000 $1,350,000 Chemical ManufacturingThe governments alleged that the companies entered into and engaged in a combination and conspiracy to suppress and eliminate competition by fixing the prices and allocating the volumes of sorbates to be sold in the United States and elsewhere.WACT, FL, HI, OR, UT, WA325211
2777/12/202112/29/20042004TCF LeasingConsumer ProtectionUnauthorized Fees or Service Cancellation Issues15$0 $0 Finance & InsuranceTCF Leasing is one of about 40 finance companies that paid NorVergence for the right to collect on its rental agreements, and continued collection efforts even after NorVergence was forced into bankruptcy in June 2004.TCF agreed to forgive 100% of the remaining obligations of the customers involved.AZ, CA, CO, FL, GA, LA, MD, MA, MI, NJ, NY, NC, PA, RI, TX522220
2767/12/202112/13/20042004MerckConsumer ProtectionUnauthorized Fees or Service Cancellation Issues8$0 $0 Pharmaceutical and Medicine ManufacturingMerck pulled its popular Vioxx prescription pain drug from the market on September 30, 2004 after reports that the medication increases the risk of heart attack and stroke. The AGs' sought the agreement because Merck's original Vioxx refund program excluded consumers who destroyed their supply of the drug on doctors' orders.The agreement requires Merck to: Provide upon request prepaid UPS mailers to consumers still possessing Vioxx or to arrange to pick up the drug at consumers' homes; Allow consumers who destroyed their unused Vioxx to certify in writing that they had Vioxx on September 30, 2004, but discarded the product under doctors' orders; Extend the deadline for filing a claim from December 31, 2004 to March 31, 2005; publicize the revised refund program in future advertisements or print notices; Ask rheumatologists and primary care doctors to inform their patients of changes to the refund program; Work with HMOs and pharmacies to mail eligible consumers updated refund Vioxx notices; Inform consumers whose refunds Merck rejected because they failed to return unused Vioxx that they may resubmit their claims.IL, OR, CT, MA, MI, OH, TX, VT325412
2757/12/202110/26/20042004Cingular Wireless Corp.AntitrustMerger Review2$35,000 $35,000 TelecommunicationsConcerns over Cingular Wireless LLC's $41 billion acquisition of AT&T Wireless Services Inc. The regulators were concerned that wireless customers in these markets would have had fewer choices for their wireless telephone service and faced the risk of higher prices, lower quality service and fewer choices for the newest high speed mobile wireless data services.Under the agreement with the Justice Department filed in federal court in Washington, Cingular must divest itself of the new combined company's assets in 11 states.DOJ; FCCCT, TXCT, TX517210
2747/12/202110/20/20042004Organon USA IncAntitrustMonopolization56$36,000,000 $36,000,000 Pharmaceutical and Medicine ManufacturingOrganon was accused of misleading the Food and Drug Administration about the scope of new "combination therapy" patent in order to extend its control on the drug and prevent generic versions from being offered. The company also allegedly delayed listing the patent with the FDA.Organon also agreed to make timely listings of patents and to submit accurate and truthful information to the FDA.-TX, FL, ORAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC, PR, VI, AS, MP, GU274-2004.10.20-Multistate-Organon-Remeron-Complaint-.pdf274-2004.09.28-Multistate-Organon-Remeron-Settlement-Agreement.pdf325412
2737/12/202110/7/20042004Fax.comConsumer ProtectionMarketing and Advertising2$51,000,000 $0 Advertising and Related ServicesAccused of sending unwanted ads infuriating fax machine owners by wasting paper and toner, waking people at all hours of the night, and blocking legitimate faxes, which can cause lost sales and irritated customers.A federal court in San Diego fined Fax.com and some of its officials $51 million and banned it from sending more faxes. Sharing in the judgment are the California attorney general and the U.S. Department of Justice.DOJCAIN, CA541860
2717/12/202110/6/20042004CITGOEnvironmentAir Pollution Control2$328,600,000 $5,000,000 Petroleum & Coal Products ManufacturingThe governments charged that the air pollutants addressed by the agreement can cause serious respiratory problems and exacerbate cases of childhood asthma.The settlement will require CITGO to spend an estimated $320 million to install and implement state-of-the-art control technologies to reduce emissions at its refineries. CITGO's actions under this agreement are expected to reduce annual emissions of nitrogen oxide (NOx) by more than 7,184 tons and sulfur dioxide (SO2) by more than 23,250 tons. The agreement will also require reductions of volatile organic compounds and other hazardous air pollutants at all CITGO refineries.EPANJ, IL324110
2707/12/20219/9/20042004OracleAntitrustMerger Review7$0 $0 Publishing IndustriesThe Plaintiffs sued to enjoin the acquisition of PeopleSoft by Oracle. The Plaintiffs alleged this acquisition would significantly lessen competition in high function Human Resource Management software and high function Financial Management Services software markets.The judge sided with Oracle on most counts: "Plaintiffs have not proved that a post-merger Oracle would have sufficient market share in the product and geographic markets" to be anticompetitive.DOJTXTX, HI, MD, MA, MN, ND, NY511210
2697/12/20219/9/20042004Rite-AidConsumer ProtectionTobacco21$250,000 $250,000 Retail TradeThe agreement was a result of compliance checks by state Departments of Health. Attorneyg general tobacco enforcement divisions were concerned because the "numbers were higher than what we would want."Under the Assurance of Voluntary Compliance Rite Aid is required to: check the ID of any person purchasing tobacco products when the person appears to be under the age of 27, and accept only valid government-issued photo ID as proof of age; use cash registers programmed to prompt ID checks on all tobacco sales; prohibit self-service displays of certain tobacco products, the use of vending machines to sell tobacco products, distribution of free samples, and sale of cigarette look-alike products; prohibit the sale of smoking paraphernalia to minors; hire an independent entity to conduct random compliance checks of approximately 12 percent of all Rite Aid stores in participating states every six months; and train employees on state and local laws and company policies regarding tobacco sales to minors, including explaining the health-related reasons for laws that restrict youth access to tobacco.PA, CAAZ, CA, CT, DC, GA, ID, KY, LA, ME, MD, MS, MI, NJ, NY, OH, OR, PA, TN, UT, VT, WA446110
2687/12/20218/13/20042004Arch CoalAntitrustMerger Review6$0 $0 Mining, Quarrying, and Oil and Gas ExtractionThe Federal Trade Commission and Plaintiff states sued to enjoin the acquisition of Triton Coal Company, LLC by Arch Coal. The Plaintiffs alleged this acquisition would significantly lessen competition in coal production in the Permian Basin.The court rejected the FTC and AGs' request for a temporary injunction. The governments dropped the antitrust case shortly afterwards.FTCMOAR, IL, IA, KS, MO, TX212111
2677/12/20218/12/20042004Alpharma Inc.AntitrustPrice-Fixing; Market Allocation Agreement51$7,520,000 $1,500,000 Pharmaceutical and Medicine ManufacturingAccording to the FTC, the two companies each expected to win approval for a generic version of the product in June 1998. However, a federal rule change paved the way for Alpharma to receive a marketing edge over Perrigo, in which Alpharma was allowed six months as the only seller of the product. Perrigo then asked Alpharma to let it sell its product during Alpharma's exclusivity period, the FTC alleged.FTCDC, MP, VI, PR, AL, AK, AR, AZ, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KY, LA, ME, MD, MA, MI, MS, MT, MN, NV, NE, NH, NJ, NM, NY, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY325412
2667/12/20217/22/20042004Verizon WirelessConsumer ProtectionUnauthorized Fees or Service Cancellation Issues32$0 $0 TelecommunicationsWireless carriers previously provided rate maps to consumers that depicted calling areas across the U.S., indicating where rates were available. According to the attorneys general, those maps were not always accurate, and coverage was not necessarily available in the entire calling area.The three companies will now provide maps that are as accurate as possible under current technology. Also, the carriers have agreed to give new customers 14 days to try out their wireless service to ensure service is available in the area of their choosing. In addition, new customers can cancel their service contracts for any reason within three days without paying an early termination fee. Other provisions of the agreement call for disclosures in advertisements and retail.MD, MA, IL, TN, NJMI, AL, AR, CO, DE, GA, HI, ID, IL, IA, KS, ME, MD, MA, MS, MT, NE, NV, NH, NJ, NM, NC, ND, OH, OK, OR, SD, TN, TX, VA, WI, WY517210
2657/12/20217/13/20042004Duke EnergyConsumer ProtectionUnauthorized Fees or Service Cancellation Issues3$207,500,000 $0 UtilitiesClaims that it overcharged for wholesale electricity during the energy crunch of 2000-01 by buying and selling natural gas simultaneously at the same price to make demand appear greater.The proceeds of all three settlements would be distributed to consumers and businesses harmed by the energy crisis. A committee of business, industry and legislative leaders will decide how the businesses' portion of the restitution will be spent.FERCCACA, WA, OR221120
2647/12/20217/13/20042004FirstEnergy Corp.EnvironmentAir Pollution Control3$1,100,000,000 $0 UtilitiesArose from claims that the states suffered directly from the pollution from these plants.Settlement aims to drastically cut the pollution from its aged coal-burning power plant along the Ohio River near Steubenville. The corporation is expected add equipment to reduce pollutants blamed for acid rain, smog and poor health by 90 percent over the next six years.EPA; DOJCT, NJ, NYCT, NJ, NY221120
2637/12/20216/10/20042004FordConsumer ProtectionUnauthorized Fees or Service Cancellation Issues37$5,800,000 $1,000,000 Motor Vehicle ManufacturingThe company's "Red Carpet" leasing program came under scrutiny when investigators found that the customers faced charges that were sometimes higher than the actual balance owed in the lease.Ford Motor Credit will notify 150,000 customers nationwide of the settlement. Ford has also agreed to change its Red Carpet lease contract language to clearly explain a consumer's rights when terminating a vehicle lease early.IL, FLAL, AZ, AR, CT, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NV, NJ, NC, OH, OK, OR, PA, RI, SC, TX, UT, VT, VA, WA, WI336111
2627/12/20215/27/20042004New Access CommunicationsConsumer ProtectionUnauthorized Fees or Service Cancellation Issues10$2,000,000 $1,900,000 TelecommunicationsThe states initiated the investigation after receiving complaints of so-called "slamming," in which the company had failed to disclose that "package prices" didn't include in-state long distance calls or other features and that New Access pretended to be calling from another phone company.The settlement also includes a provision that New Access must tape record its telemarketing calls and adopt other marketing restrictions.MN, MT, OH, WIMN, MT, OH, WI, CO, IA, MI, NE, ND, TX541860
2617/12/20215/20/20042004Strong Capital ManagementAntitrustAntitrust Other2$175,000,000 According to a complaint filed by Spitzer's office in connection with today's settlement, the investigation uncovered that while SCM was warning investors that they could be barred from trading for market timing, Richard Strong himself was engaging in that practice for his own personal gain, and another high-level official had arranged for Canary Capital Partners to time funds managed by the firm to lure Canary's other lucrative business. Strong's personal gain is estimated at $1.8 million.The settlement establishes structural reforms for fees, sets new standards for board independence and accountability at the mutual fund company and preserves jobs at SCM.SECNYNY, WI
2607/12/20215/13/20042004Warner-LambertConsumer ProtectionMarketing and Advertising50$38,000,000 $38,000,000 Pharmaceutical and Medicine ManufacturingAllegations that the company illegally encouraged physicians to prescribe the epilepsy drug Neurontin for treatment of more than a dozen medical conditions without FDA approval.In resolving the consumer fraud investigation, Warner-Lambert agreed to pay $28 million for a remediation program, of which at least $21 million will be used to fund education programs. Approximately $6 million will go toward a national advertising campaign to provide physicians and consumers with information about Neurontin and other similar drugs.NY, VT, OR, TX, FL, OHAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY325412
2597/12/20214/26/20042004Medco Health Solutions Inc.Consumer ProtectionConsumer Protection Other20$29,300,000 $29,300,000 Drugs & Druggists' Sundries Merchant WholesalersThe governments alleged, among other things, that Medco encouraged prescribers to switch patients to different prescription drugs but failed to pass on the resulting savings to patients or their health care plans. The drug switches generally benefited Medco despite Medco's claims that they saved money for patients and health plans. Medco did not tell prescribers or patients that the switches would increase rebate payments from drug manufacturers to Medco.The settlements are significant in that they include broad "conduct remedies" concerning PBMs' intervention activities and financial relationships with their customers. The settlement requires various disclosures; to reimburse patients for out-of-pocket costs for drug switch-related health care costs and notify patients and prescribers that such reimbursement is available; Obtain express, verifiable authorization from the prescriber for all drug switches; Inform patients that they may decline the drug switch and receive the initially prescribed drug; Monitor the effects of drug switches on the health of patients; and adopt the American Pharmacists Association code of ethics and principles of practice for pharmaceutical care for employees at its mail order and call center pharmacies.PA, ME, MAAZ, CA, CT, DE, FL, IL, IA, LA, ME, MD, MA, NV, NY, NC, OR, PA, TX, VT, VA, WA424210
2587/12/20214/24/20042004Anthony FeldmanAntitrustBid-Rigging3$700,000 $700,000 Nonstore RetailersThe lawsuit accused the indiviuals of a 20-year conspiracy to rig auctions which harmed collectors and investors worldwide.Individuals agreed to a court order barring them from contributing or engaging in the challenged practices.DOJNYCA, MD, NY
2577/12/20217/29/20032003ARCO gas stationsConsumer ProtectionTobacco4$0 $0 Retail TradeThe agreement came after checks by the FDA and state authorities indicated that retail outlets operating under the BP or Amoco trademarks sold tobacco products to persons under 18.Several changes, including: minimizing the use of under-aged persons in positions that may involve selling tobacco; providing job applicants with explanations of the company's policies relating to the sale of tobacco products to minors, including warnings that sales to minors may be cause for dismissal; and providing new employees with copies of company policies regarding tobacco sales, and providing training in tobacco laws and company policies within two weeks of an employee's assumption of duties.AZ, CA, NV, WAAZ, CA, NV, WA447110
2567/12/202112/15/20032003First DataAntitrustMerger Review10$550,000 $550,000 Finance & InsuranceThe U.S. Department of Justice and Plaintiff States sought to enjoin the merger between First Data and Concord, alleging that the merger would substantially lessen competition in the financial services market.First Data has agreed to divest its entire interest in NYCE Corporation in order to proceed with its proposed $7 billion acquisition of Concord EFS.DOJDC, OH, TXCT, DC, IL, LA, MA, NY, OH, OR, PA, TX522320
2547/12/202110/16/20032003ChevronEnvironmentAir Pollution Control3$282,500,000 $4,000,000 Petroleum & Coal Products ManufacturingThe government plaintiffs claimed that the case stems from Chevron's failure to report releases of hazardous substances, and from its failure to implement a risk management program the Clean Air Act requires.Under the deal, the EPA predicted Chevron will reduce harmful emissions by nearly 10,000 tons a year. Emissions of nitrogen oxide will drop by more than 3,300 tons, and sulfur dioxide emissions will be reduced by nearly 6,300 tons. Chevron also agrees to upgrade its leak detection and repair practices, implement programs to minimize flaring of hazardous gases, and ensure proper handling of hazardous benzene wastes.EPAUT, HI, MS324110
2537/12/202110/4/20032003Nextel Communications Inc.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues$0 TelecommunicationsThe lawsuit challenged the legality of a $1.55 fee on phone bills that Nextel said was being charged to recover costs incurred to meet new government regulations for allowing people to retain their phone numbers when switching carriers, allocating phone numbers and locating callers in an emergency.Under the settlement, Nextel will offer free minutes to customers and will list the fee on billing statements in a more prominent location than it was originally displayed.DOJ517210
2527/12/20219/1/20032003Wal-MartConsumer ProtectionTobacco43$437,500 $437,500 Retail TradeLaunched in 2000, the multi-state enforcement effort by the group of Attorneys General focuses on retailers with poor records of selling tobacco products to minors.The agreement requires Wal-Mart to: Check the ID of any person purchasing tobacco products when the person appears to be under age 27, and accept only valid government-issued photo identification as proof of age; Use cash registers programmed to prompt ID checks on all tobacco sales; Hire an independent entity to conduct random compliance checks of approximately 10% of Wal-Mart stores every six months; Prohibit self-service displays of cigarettes and the use of vending machines to sell tobacco products; Prohibit the sale of smoking paraphernalia to minors; Train employees on state and local laws and company policies regarding tobacco sales to minors, including explaining the health-related reasons for laws that restrict youth access to tobacco.AL, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MT, NE, NV, NH, NJ, NM, NY, OH, OK, OR, RI, SC, SD, TN, TX, UT, VA, WA, WV, WI, WY452910
2507/12/20215/29/20032003Leasecomm Corp.Consumer ProtectionMarketing and Advertising7$25,000,000 $25,000,000 Rental & Leasing ServicesAccording to the Attorneys General and the FTC, Leasecomm lured consumers into attending a seminar on starting a home business by selling products over the Internet. Vendors used high pressure sales tactics to convince consumers to purchase products, such as credit card processing machines, to sell products over the Internet.The settlement requires Leasecomm to stop collection against all outstanding judgments involving the financing of business opportunities and virtual terminals (software or services that enable customers to process credit card transactions online), dismiss or transfer pending collection actions against customers and refile these suits in the customer's local jurisdiction, limit automatic renewal periods in its financing contracts to month-to-month renewals, stop enforcing existing contract provisions that require consumers to waive all their defenses.FTCFL, IL, KS, MA, NC, ND, TX
2497/12/20215/23/20032003EchoStar Satellite Corp.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues13$5,000,000 $5,000,000 BroadcastingAccording to the Attorneys General, EchoStar failed to disclose a $240 early termination fee when consumers signed up for Dish Network and refused to refund any amounts that the consumer prepaid for a year's worth of service. In addition, EchoStar automatically charged consumers' bank accounts or credit cards without their authorization.The settlement requires EchoStar to clearly and conspicuously disclose the material terms of its satellite television service, disclose all fees, and protect consumers and third-party payers from unauthorized electronic funds transfers from their accounts, establish a convenient system for customers to cancel their service, establish a system for receiving and resolving consumer complaints, and ensure its installers are properly licensed and bonded.COCA, CO, CT, FL, GA, LA, IL, MN, NY, NJ, OH, OR, WI515210
2487/12/20215/12/20032003National Paint and Coatings AssociationConsumer ProtectionDefective or Unsafe Products50$0 $0 Business AssociationsThe AGs were concerned because "though lead paint hasn't been sold since 1978, it still presents a serious health risk to adults and especially, young children, when exposed to dust or old surface paint during repainting and renovations."The agreement requires paint manufacturers to affix warning labels on paint cans and provide consumer education and training, alerting consumers to the hazards of lead paint exposure and how to avoid it. The agreement requires both a lead exposure warning on the side of the paint can, as part of the manufacturer's surface preparation instructions, and an abbreviated warning, either on the top of the can or on a separate "sticker," where the warning is less likely to be obscured after the paint is used.MAAL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MT, NE, NV, NH, NJ, NM, NY, NC, ND, MP, OH, OK, OR, PA, PR, SD, TN, TX, VA, VI, WA, WV, WI, WY813910
2477/12/20214/25/20032003H&R BlockConsumer ProtectionUnauthorized Fees or Service Cancellation Issues42$3,300,000 $3,300,000 Software PublishersThe allegations stemmed from 2001, when the tax preparation company charged $ 22 for its optional "Peace of Mind" guarantee (the company's guarantee to pay up to $ 5,000 of any additional income tax owed due to a preparer's error) to consumers who were not properly informed they did not have to buy the service to get their tax returns completed.The agreement also requires H&R Block, to revise their marketing procedures; to require a customer's affirmative agreement before charging for the guarantee in the future; and to reimburse the states for the costs of the investigation.AL, AK, AZ, AR, CA, CO, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, MD, MA, MI, MS, MT, NV, NJ, NM, NY, ND, NC, OH, OR, PA, RI, SD, TN, TX, VT, VA, WA, WV, WI, WY, DC541213
2467/12/20214/24/20032003Bristol-Myers SquibbAntitrustHorizontal Non-Price Restraint; Monopolization56$55,000,000 $55,000,000 Pharmaceutical and Medicine ManufacturingAlleging that the company illegally delayed generic competition for cancer drug Taxol.The settlement also contains strong injunctive relief that will prevent BMS from engaging in anti-competitive conduct in the future. The company has also agreed to provide free quantities of Taxol to U.S. Drug Enforcement Agency-approved health care facilities.NY, TXAL, AK, AS, AZ, AR, CA, CO, CT, DE, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NV, NE, NH, NJ, NM, NY, NC, ND, MP, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VI, VA, WA, WV, WI, WY, DC246-2002.06.04-Multistate-Bristol-Myers-Squibb-Co.-Taxol-Complaint.pdf246-2003.04.24-Multistate-Bristol-Myers-Squibb-Co.-Taxol-Settlement-Agreement.pdf325412
2457/12/20214/21/20032003Dominion Virginia PowerEnvironmentAir Pollution Control5$1,200,000,000 $13,900,000 UtilitiesThis settlement resolves charges that the company violated the laws by making major modifications to its power plants without installing equipment to control pollution that causes smog, acid rain and soot.This settlement requires VEPCO, one of the nation's largest coal-fired electric utilities, to install new pollution control equipment and upgrade existing controls on several units in its system, and will result in substantial pollution reductions. The settlement covers eight VEPCO plants, six in Virginia and two in West Virginia, comprising 20 electricity-generating units.EPA; National Park ServiceCT, NY, NJNY, NJ, CT, VA, WV221120
2447/12/20214/9/20032003Archer Daniels MidlandEnvironmentAir Pollution Control11$350,900,000 $6,300,000 AgricultureThe case arose because the manufacturing processes at ADM's plants result in emissions of significant quantities of regulated air pollutants, including nitrogen oxides, carbon monoxide, particulate matter, sulfur dioxide, volatile organic compounds (VOCs) and hazardous air pollutants (HAPs).Under the settlement, ADM will install state-of-the-art controls on a large number of units, shut down some of the oldest, dirtiest units, and take emission limits on others. Additionally, ADM's oilseed operations will accept new, more stringent emission limits for VOC and HAP emissions -- limits the regulators expect will set new standards for the industry.DOJ; EPAAR, IN, IL, IA, KS, MN, MO, NE, ND, SC, TX115114
2437/12/20213/28/20032003The WizConsumer ProtectionConsumer Protection Other3$0 $0 Retail TradeThe AGs intervened in a bankruptcy proceeding to protect consumers holding gift certificates, store credits, and returnable merchandise.As a result of an order, The Wiz will accept through the close of business returns of merchandise before April 7th and store credits issued before March 8th. Prior to the involvement of the attorneys general, these programs were scheduled to expire on March 28th.CT, NJ, NY443112
2427/12/20213/21/20032003El Paso Corp.AntitrustMarket Allocation Agreement; Monopolization; Price-Fixing4$1,700,000,000 $0 UtilitiesThe case involved El Paso's alleged abuse of its position in the natural gas market to manipulate prices for natural gas during 2000 and 2001. Allegations against the company also included claims that it drove up the price of natural gas by artificially reducing supply. By unfairly driving up the price of natural gas, the price of electricity was also artificially inflated.While El Paso has admitted no wrongdoing, the company has agreed to cooperate with the states' ongoing investigations into energy price manipulations.CA, OR, NV, WACA, OR, WA, NV221120
2417/12/20213/7/20032003Bristol-Myers SquibbAntitrustMonopolization37$93,000,000 $93,000,000 Pharmaceutical and Medicine ManufacturingAlleged that Bristol fraudulently listed its patent for Buspar in the FDA's Orange Book and that the company entered into anticompetitive agreements with two companies to prevent distribution of generic buspirone.The settlement also contains strong injunctive relief, which will prevent Bristol-Myers from engaging in the type of conduct alleged in the complaint. Most notably, the company may not enter into agreements with generic drug manufacturers to settle patent infringement suits, if the result of such an agreement would have a potentially adverse effect on competition.MD, NY, TXAL, AK, AZ, AR, CO, CT, DE, FL, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MS, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, TX, UT, VT, WA, WV, WI, DC241-2002.07.25-Multistate-Bristol-Myers-Squibb-Co.BuSpar-Complaint.pdf241-2003.03.07-Multistate-Bristol-Myers-Squibb-Co.-BuSpar-Settlement-Agreement.pdf325412
2407/12/20211/28/20032003Aventis Pharmaceutical, Inc.AntitrustPrice-Fixing; Monopolization52$80,000,000 $80,000,000 Pharmaceutical and Medicine ManufacturingThe suit alleged that Aventis and Andrx violated antitrust laws when they illegally agreed that Aventis would pay Andrx nearly $ 90 million to stop Andrx from bringing its less expensive generic version of the heart drug to market. The suit also charges that an 11-month delay in doing so resulted in higher prices for consumers and government agencies.Under the settlement agreement, Aventis and Andrx will pay $80 million into a fund that will compensate consumers, state agencies and insurance companies that overpaid for Cardizem CD and its generic equivalent between 1998 and 2003.MI, NYAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC, PR240-2001.05.14-Multistate-Aventis-Cardizem-Complaint.pdf240-2003.01.24-Multistate-Aventis-Cardizem-Settlement-Agreement.pdf325412
2397/12/20211/27/20032003Village Voice Media, LLCAntitrustMarket Allocation Agreement2$880,000 $880,000 Publishing IndustriesIn separate but coordinated, actions, Plaintiff States sought civil forfeiture and injunctive relief, alleging that Village Voice Media and NT Media conspired to restrain competition in local alternative newsweekly markets through a market allocation agreement.Agreed to divest to competing publishers certain assets in order to restore viable competitive markets in Cleveland and Los AngelesDOJCA, OHCA, OH511120
2387/12/20211/10/20032003CVSConsumer ProtectionConsumer Protection Other19$1,100,000 $1,100,000 Drugs & Druggists' Sundries Merchant WholesalersInvolved allegations that CVS charged consumers the full amount for incomplete prescription fillings and retained the excess payment if the consumer did not return to pick up the remainder of the prescription.CVS must inform consumers of the amount of prescribed medication that has been dispensed and the reason for furnishing a partial-fill prescription. In addition, CVS also must provide notice to consumers that they are not required to pay for a partial-fill prescription at the time they receive it.AL, CT, DE, DC, GA, IL, KY, MD, ME, MA, MI, NJ, NC, OH, PA, SC, TN, VT, WV446110
2377/12/20211/9/20032003Stericycle Inc.AntitrustMerger Review2$50,000 $50,000 Waste Management & Remediation ServicesPlaintiff States sought to enjoin the merger between Stericycle and Scherer, alleging that the consummation of the merger would significantly impair competition for the sale of medical waste hauling, transfer and processing services in New England.Stericycle agreed to divest certain assets, namely the Haverhill Transfer Station, in order to maintain viable competition in the medical waste disposal market.DOJCT, MACT, MA562211
2367/12/20211/7/20032003PfizerConsumer ProtectionMarketing and Advertising19$6,000,000 $6,000,000 Pharmaceutical and Medicine ManufacturingAlleged that the advertisements misrepresented the strength of Zithromax in comparison to other antibiotics used to treat ear infections among young children.Pfizer is prohibited from making any representations in ads about Zithromax regarding dosage convenience, frequency of use, or efficacy unless Pfizer has competent and reliable scientific evidence to support such claims. Pfizer also must cease the direct consumer ads that were the subjects of the investigation.NYAZ, AR, CA, CT, FL, KS, MD, MA, NV, NM, NY, NC, OH, OR, PA, TN, TX, VT, WI325412
2357/12/202112/31/20022002First USA/Bank OneConsumer ProtectionMarketing and Advertising29$1,300,000 $1,300,000 Finance & InsuranceMany vendors used free gifts such as airline tickets to induce card holders to accept offers for items like insurance, club memberships and discount shopping programs. Often, consumers didn't know that they had an obligation to cancel during a trial period or have their credit card charged, according to investigators.The settlement bars the credit card company from charging a consumer unless the vendor obtains express authorization for the purchase. It also requires the company to review and approve all its vendor telemarketing scripts.CA, IL, NY, VTPR, CA, IL, NY, VT, AZ, CO, FL, HI, ID, IN, IA, KS, KY, MD, MI, MS, MO, MT, NV, NM, ND, OH, OK, OR, PA, TX, WA, WI
2347/12/202112/21/20022002BP AmocoConsumer ProtectionTobacco39$50,000 $50,000 Retail TradeLaunched in 2000, the multi-state enforcement effort by the group of Attorneys General focuses on retailers with poor records of selling tobacco products to minors.BP will crack down on sales of tobacco to teenagers by asking for identification from all customers. The company also agrees to several other requirements, including self-checks and employee training.AZ, AR, CA, CO, CT, FL, GA, HI, ID, IL, IA, KS, KY, LA, ME, MD, MI, MN, MS, NE, NV, NH, NJ, NM, NY, OH, OK, OR, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY447110
2337/12/202112/19/20022002FordConsumer ProtectionDefective or Unsafe Products53$51,500,000 $51,500,000 Motor Vehicle ManufacturingClaims that it had misled consumers about the safety of its sport utility vehicles and failed to disclose known tire failure risks.The settlement prohibits Ford from misrepresenting cargo capacity, safety and handling characteristics for SUVs, among other things. Ford also agreed to share information with the federal government and competitors about its patented Belt-Minder technology, which reminds drivers to buckle up with five minutes of intermittent beeping and a flashing light on the instrument panel.TNPR, VI, DC, AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY336111
2327/12/202112/11/20022002EchoStar Satellite Corp.AntitrustMerger Review25$0 $0 BroadcastingThe suit alleged that the merger would result in a monopoly in numerous local multichannel video programming distribution markets, a duopoly in many more local markets, and a substantial lessening of competition in the remaining markets, impacting at least 95% of U.S. television households.The proposed merger was abandoned by the parties following the suit.DOJCA, MO, NY, PA, TX, VTAR, CA, CT, DC, HI, ID, IL, IA, KY, ME, MA, MS, MO, MT, NV, NY, NC, ND, OR, PA, TX, VT, WA, WI, PR515210
2317/12/202111/12/20022002Williams Energy Marketing and Trading Co.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues3$417,000,000 $0 UtilitiesClaims that it overcharged for wholesale electricity during the energy crunch of 2000-01 by buying and selling natural gas simultaneously at the same price to make demand appear greater.Williams agreed to open its internal records to the three states' investigators, and AGs said the information could be key to winning settlements from other energy companies.CACA, WA, OR221120
2307/12/202110/23/20022002Access Resources ServicesConsumer ProtectionUnauthorized Fees or Service Cancellation Issues7$2,200,000 $2,200,000 Other/Non ClassifiedCharges that the service fleeced callers while promising mystical insights into love and money.Under the agreement, Access Resource is permanently enjoined from advertising, offering for sale, selling, providing, or billing for pay-per-call 900-number services. The companies must forgive all outstanding debts owed by consumers for all unpaid pay-per-call charges, including approximately $ 2.2 million in unpaid telephone charges dating back to August 2000. Lastly, the companies must cease all collection activities.PACT, MO, PA, TN, IL, KS, WI
2297/12/202110/11/20022002Household FinanceConsumer ProtectionConsumer Protection Lending Practices51$494,000,000 $494,000,000 Finance & InsuranceOfficials from 19 states and Washington, D.C., accused the company of misrepresenting loan terms and keeping cost information from home buyers. Many borrowers lost their homes or came close to losing them because monthly payments were higher than expected, the officials alleged.Under the agreement, Household agreed to: Pay up to $484 million to consumers nationwide.; Limit prepayment penalties on home loans to the first two years of the loan and clearly disclose the cost of the penalty.; Ensure that new loans provide a benefit to consumers before making them.; Limit points and origination fees to 5 percent.; Improve disclosures to consumers, including whether a loan carries a balloon payment and the amount of that payment; Eliminate "piggyback" second mortgages.IA, MN, WA, AZDC, AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY522310
2287/12/20219/30/20022002Sony Music EntertainmentAntitrustPrice-Fixing; Resale Price Maintenance42$143,100,000 $67,400,000 Computer & Electronic Product ManufacturingThe suit accused the record labels and retailers of unlawfully colluding to keep CD prices high between 1995 and 2000, via a practice called "minimum advertised pricing" (MAP), under which record labels subsidized retailers' marketing costs if they agreed not to sell the CDs below a certain price.Defendants will provide approximately 5.5 million music CDs (valued at $ 75.7 million) for distribution by the state attorneys general to not-for-profit corporations, charitable groups and governmental entities such as schools and libraries for the benefit of all consumers in each state; agreed to an injunction preventing them from forcing retailers to increase CD prices and ensuring strong price competition between defendants.NY, FLPR, VI, MP, WY, AK, AZ, AR, CA, CT, DE, FL, HI, ID, IL, IN, IA, KS, ME, MD, MA, MI, MS, MT, NV, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, WA, WV, WI334612
2277/12/20219/17/20022002Contest AmericaConsumer ProtectionMarketing and Advertising9$400,000 $400,000 Advertising and Related ServicesAccording to the Attorneys General, the defendants notified consumers they were immediate "winners" of a contest, but failed to disclose that consumers must solve exceptionally challenging puzzles to win and that fees were required at each level of the contest.The settlement requires the defendants to clearly and conspicuously disclose the contest rules, including: information on the number of rounds involved; the date by which a winner will be determined; a complete listing of fees involved; an illustrative final round puzzle sample; and the estimated number of contestants.AZ, FL, IN, KS, MO, NE, OH, RI, WA541860
2267/12/20219/6/20022002Salton, Inc.AntitrustResale Price Maintenance; Vertical Non-Price Restraint49$7,654,000 $7,654,000 Electrical Equipment, Appliance, & Component ManufacturingAccused of muscling retail stores into fixing the price of George Foreman grills, as well as accused of coercing stores into excluding competing grills from their shelves.Salton was further enjoined from initiating or participating in anti-competitive practices. In addition, Salton agreed to pay the sum of $200,000 to reimburse the Plaintiff States for investigative costs and attorneys fees. The settlement fund was distributed cy pres to food and nutrition programs among the Plaintiff States on a pro rata basis.IL, NYAL, AK, AR, AZ, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MS, MT, NE, NV, NH, NJ, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY
2257/12/2021Amazon.comConsumer ProtectionConsumer Privacy and Data17$0 $0 Retail TradeAccording to the Attorneys General, Amazon failed to disclose how consumers' data were used and what data were collected. Attorneys General expressed concern when Amazon considered customer information a business asset, which it could transfer at any time.The settlement requires Amazon to provide heightened protections for consumer data collected under prior privacy policies, in effect, grandfathering in previous policies for longtime consumers. Also, Amazon must not sell its customer database to marketers and must significantly narrow the wording of exceptions in its current privacy policy. In addition, Amazon agreed to provide specific examples to consumers explaining how data will be used and what data the company will gather about its customers.AZ, CA, CT, IA, FL, HI, ME, MD, MA, MI, NH, NC, OR, TN, VT, WY, DC454111
2247/12/20218/30/20022002Phillips PetroleumAntitrustMerger Review10$750,000 $750,000 Petroleum & Coal Products ManufacturingThe governments were concerned about maintaining competition in the gasoline refining market.Under terms of their agreement with the FTC, Conoco will sell its 62,000-barrel-a-day refinery near Denver and Phillips will sell its 25,000-barrel-a-day refinery near Salt Lake City. Phillips will also sell more than 200 gasoline stations in Colorado, Utah and Wyoming to address concerns that the combination would hurt competition in the Rocky Mountain region. Further, the companies were enjoined for 10 years from attempting to reacquire ownership of those divested assets without giving the States 30 days prior written notification.FTCOR, UT, MO, NM, TXCO, ID, MO, NM, OR, TX, UT, VA, AS, WA324110
2237/12/20218/28/20022002Ziff-DavisConsumer ProtectionConsumer Privacy and Data3$125,000 $125,000 Publishing IndustriesInvestigation stemmed from a magazine promotion Ziff Davis ran last November on its Electronic Gaming Monthly Web site. Insufficient online security allowed anyone surfing the Internet to access about 12,000 subscription orders for the magazine, one of nine the company publishes.Under the agreement, the company agreed to: Encrypt sensitive data during transmission from consumers; Control file access through user authentication and application controls; Monitor and control server activity; Review applications prior to implementation; Implement risk identification and response protocols; and Establish management oversight and employee training programs.NYNY, CA, VT519130
2227/12/20218/27/20022002DoubleClickConsumer ProtectionConsumer Privacy and Data10$450,000 $450,000 Advertising and Related ServicesAccording to the Attorneys General, DoubleClick collected consumer data, while displaying web-page banner ads, all at odds with its privacy policy.The settlement requires DoubleClick to limit data-gathering activities to situations where consumers are better informed of DoubleClick's activities. DoubleClick must collect consumer data only from websites that warn consumers that they are being tracked. Similarly, Doubleclick may not glean consumer information for its database if the information was obtained during routine maintenance or servicing of websites. In addition, DoubleClick must undergo annual outside reviews of its compliance with its privacy policy promises.NYAZ, CA, CT, MA, MI, NJ, NM, NY, VT, WA541810
2217/12/20218/24/20022002American Savings Discount ClubConsumer ProtectionUnauthorized Fees or Service Cancellation Issues3$3,000,000 $3,000,000 Other/Non ClassifiedThe suit alleged that ASDC telemarketers called consumers and told them they had been pre-approved for low interest loans in exchange for an advance fee of $100, including an enrollment fee of $40 and their first and last months' payments of $30. Many consumers then realized that their $30 monthly payment was a membership fee for the defendants' rebate savings club.In addition, the order bans the defendants for life from telemarketing credit-related products or services and for three years from any telemarketing or sales of any credit-related goods or services. The order also imposes a lifetime bond requirement mandating that they post a $500,000 bond before conducting any telemarketing or sales of credit-related goods or services. It also prohibits the defendants from making misrepresentations similar to those alleged in the complaint and from violating the TSR. Finally, it requires the defendants to comply with the state laws they are alleged to have violated.FTCNC, VA, WI541861
2207/12/20218/13/20022002ExxonMobilConsumer ProtectionTobacco46$100,000 $100,000 Retail TradeLaunched in 2000, the multi-state enforcement effort by the group of Attorneys General focuses on retailers with poor records of selling tobacco products to minors.As part of the settlement, Exxon Mobil will hire an outside firm to conduct random checks at company-owned stores to see if employees comply with the agreement and not sell tobacco products to children. Exxon Mobil also agreed to implement new employee training to teach clerks to check identifications of customers who appear younger than 27. The company also will ban self-service displays of tobacco products, end distribution of free tobacco product samples on store property and use store security cameras to monitor compliance.MI, CA, IA, TXMP, DC, VI, AZ, AR, CA, DE, FL, GA, HI, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MT, NE, NV, NH, NJ, NM, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, CT447110
2197/12/20217/25/20022002Eli LillyConsumer ProtectionConsumer Privacy and Data8$160,000 $160,000 Pharmaceutical and Medicine ManufacturingThe Investigation followed an incident last year in which consumers who subscribed to the company's prozac.com email alert service found that Lilly had released their email addresses to the hundreds of other subscribers to the service.The settlement builds on an earlier FTC settlement; it requires Eli Lilly to strengthen its internal standards on privacy protection, training, and monitoring. The company must institute automated checks of its software that accesses consumer information databases. Eli Lilly also must undergo annual compliance reviews over the next five years and report the findings to the states.CACA, CT, NY, ID, IA, MA, NJ, VT325412
2177/12/20213/22/20022002First Alliance MortgageConsumer ProtectionConsumer Protection Lending Practices6$60,000,000 $60,000,000 Finance & InsuranceThe plaintiffs alleged that the firm cheated the borrowers, many of them elderly homeowners, who were misled into thinking they would pay no origination fees. The fees actually added up to 24 percent of the loan amount.The settlement of these consolidated lawsuits includes: An injunction preventing First Alliance and Brian Chisick from making misrepresentations regarding offers of credit; The establishment of a redress fund to be distributed to borrowers who obtained loans from First Alliance from Jan. 1, 1992 and March 23, 2000, and who have not settled separately with First Alliance. A permanent ban preventing the Chisicks from engaging in mortgage lending in California, Florida and Illinois.FTCCA, IL, MA, FL, AZ, NY522310
2167/12/20212/27/20022002CitibankConsumer ProtectionMarketing and Advertising28$1,600,000 $1,600,000 Finance & InsuranceThe investigation revealed that, for years, Citibank has contracted with telemarketing firms to sell products and services -- such as discount buying roadside assistance, credit card loss protection and dental plans. The states raised concerns that the telemarketing practices of Citibank's business partners were deceptive and often resulted in consumers being charged for products and services that they had not agreed to purchase.The settlement requires Citibank to include new consumer protection policies in its contracts with telemarketing firms that will: Prohibit deceptive solicitations by its vendors; Require the bank to review and approve all vendor scripts and marketing materials; Require telemarketing firms to comply with all applicable consumer protection laws; Prohibit customer charges unless there is express authorization given by the account holder; Require clear and conspicuous directions from customers to cancel purchases at any time, including providing a toll free telephone number to cancel purchases.CA, IL, NY, VTAZ, CA, CO, FL, HI, ID, IL, IN, IA, KS, KY, MD, MI, MS, MO, MT, NV, NM, NY, ND, OH, OK, OR, PA, VT, WA, WI, PR522110
2157/12/20212/20/20022002AT&TConsumer ProtectionUnauthorized Fees or Service Cancellation Issues24$1,500,000 $1,500,000 TelecommunicationsInvolved claims the three long distance companies advertised their long distance services for 2 cents or 5 cents a minute without adequately disclosing the extra fees customers would have to pay to take advantage of these offers.In addition, the carriers agreed to disclose to consumers the total cost of the long distance service offered, with the exception of taxes that carriers are required by law to pass on to their customers, and disclose clearly and conspicuously any limitations on their advertised rates or calling plans.DC, AR, CT, GA, ID, IL, IA, KS, ME, MD, MI, NV, NJ, NM, NC, ND, OH, OK, OR, PA, TN, TX, VT, WI517110
2147/12/20212/14/20022002WalgreensConsumer ProtectionTobacco40$320,000 $320,000 Retail TradeCame after New York conducted undercover sting operations to determine if retailers complied with state law prohibiting the sale of tobacco products to people under 18.The chain also agreed to implement a training program for employees and use checkout registers that will prompt cashiers to check for identification.NY, AZ, CA, IANY, AL, AZ, AR, CA, CO, CT, FL, GA, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, NH, NM, NJ, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY446110
2137/12/20211/21/20022002TechnoBrands, Inc.Consumer ProtectionMarketing and Advertising15$105,044 $105,044 Nonstore RetailersAccording to the Attorneys General, the defendant denied that "Crystal Ear" was a hearing aid in order to avoid compliance with state and federal laws. In addition, the defendant made unsubstantiated claims about the performance of Crystal Ear.The agreement prohibits the defendant from advertising, selling, or dispensing the "Crystal Ear" in any of the States without securing a license, and from disseminating any advertisement for any hearing aid, which is false, misleading, or deceptive.AZ, CA, FL, IL, KS, MN, MO, NJ, NM, NY, PA, TX, VT, WI, DC
2127/12/20211/18/20022002Quality Farm & FleetConsumer ProtectionConsumer Protection Other5$0 $0 Retail TradeThe AGs intervened in Quality Farm & Fleet's bankruptcy proceedings after the bankruptcy court prohibited redemption of consumers' gift certificates. The Attorneys General requested the court to change its order and allow more than the $ 800,000 worth of gift certificates held by consumers to be honored.After negotiations among the Attorneys General, the debtors, and the corporation group purchasing Quality Farm and Fleet, the court authorized the redemption of gift certificates.MI, NY, OH, PA, WV452110
2117/12/2021Orkin Exterminating Company, Inc.Consumer ProtectionMarketing and Advertising6$150,000 $150,000 Other/Non ClassifiedInvolved charges the company could not substantiate claims its Orkin Foam System would keep termites from ever returning. The Attorneys General further alleged Orkin's advertisements implied that its service came with a full warranty when, in fact, it did not.The settlement prohibits Orkin from representing that its subterranean termite control services are effective in preventing or eliminating an infestation, unless it possesses credible scientific evidence to support such a claim. In addition, Orkin must cease misrepresentations about its guarantees and warranties.FL, NY, NC, OH, TX, DC561710
2107/12/20216/25/20012001Suiza Food Corp.AntitrustMerger Review6$300,000 $300,000 AgriculturePlaintiff States sought to enjoin Suiza Food Corporation (Suiza) and Stop & Shop Supermarket Company (Stop & Shop) from consummating their merger, arguing that the merger would significantly impair competition in New England for the processing and sale of fluid milk.Suiza agreed to enter into processing agreements with resellers and was enjoined for a five-year period from entering any agreements that restricted or prevented Stop & Shop Supermarkets from selling fluid milk or cream products supplied by other farms.CT, ME, MA, NH, RI, VT445110
2097/12/202112/20/20012001Valero Energy CorpAntitrustMerger Review2$484,016 $484,016 Petroleum & Coal Products ManufacturingStates sought to enjoin the proposed merger between Valero Energy Corporation (Valero) and Ultramar Diamond Shamrock Corporation (Ultramar), arguing that the merger would substantially lessen competition in the bulk supply and wholesale marketing of gasoline.Agreed to divest the Golden Eagle CARB Refining and Marketing assets in order to ensure that there remained viable competitors in the business.FTCOR, CAOR, CA324110
2087/12/202112/13/20012001Amazon.comConsumer ProtectionConsumer Privacy and Data10$0 $0 Retail TradeThe states alleged that despite a posted privacy policy promising that personal customer data would not be sold, sought to sell its customer list and personal customer data.Under the terms of the agreement, Amazon.com agreed to protect the personal information of former Egghead.com customers by either destroying their information or placing the customer information under the control of a third party.CA, FL, IA, KS, MD, MA, NV, OR, PA, VT454111
2077/12/202111/7/20012001Bridgestone-Firestone Inc.Consumer ProtectionDefective or Unsafe Products53$51,500,000 $51,500,000 Plastics & Rubber Products ManufacturingInvolved consumer protection claims alleging misrepresentations regarding particular tires that had high rates of separations and alleged misrepresentations made during the company's tire replacement process.The settlement provides that: Bridgestone-Firestone will reimburse or refer to arbitration certain consumer complaints forwarded to Attorney General offices and/or relevant state agencies prior to November 8, 2001, or submitted to Bridgestone/Firestone by the end of 2001.TN, CT, GA, IL, TX, WI, FLDC, VI, PR, AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY326211
2067/12/202111/2/20012001MicrosoftAntitrustMonopolization; Tying19$0 Software PublishersThe states accused the computer giant of abusing its monopoly power to stifle competition. The states' lawsuit centered on Microsoft's DOS and "Windows" operating system, and the company's contractual restrictions imposed on PC manufacturers to tie Windows 98 to its Explorer browser.The agreement states that Microsoft cannot prohibit manufacturers and vendors from "(i)nstalling, and displaying icons, shortcuts or menu entries for any non-Microsoft middleware or any product or service ...." It also says Microsoft cannot keep manufacturers and vendors from distributing or promoting such middleware. Microsoft is also ordered to give its rivals access to code and documents for Microsoft middleware so those rivals can design products that "interoperate" with Windows.In addition, Microsoft must license its operating system to major computer manufacturers for five years and must use a "uniform license agreement" to assure a level playing field. Microsoft is banned from entering into contracts that require the exclusive support of Microsoft software. Finally, the agreement prohibits Microsoft from retaliating against any manufacturer or vendor that uses, distributes or promotes a rival's middleware.DOJIACA, CT, DC, FL, IL, IA, KS, KY, LA, MD, MA, MI, MN, WI, NY, NC, OH, UT, WV511210
2057/12/202110/25/20012001Triad Discount Buying ServicesConsumer ProtectionUnauthorized Fees or Service Cancellation Issues30$9,000,000 $9,000,000 Advertising and Related ServicesThe Attorneys General and the FTC alleged the defendants did not disclose that consumers' credit card numbers would be turned over to a third party or that the defendants would charge consumers if they did not cancel their trial memberships within a 30 day period.The settlement prohibits the defendants from misrepresenting "free" offers for goods or services and failing to disclose the terms and condition of accepting "trial" club membership offers. The settlement also prohibits the defendants from obtaining from third parties consumers' personal billing information, including credit information without consumers' authorization, or from disseminating the information, or from signing up or renewing existing memberships without authorization from consumers. The defendants are enjoined from violating the Telemarketing Sales Rule and must retain a third party monitor to oversee their future business operations.FTCFL, MODC, AL, AR, CT, DE, FL, ID, IL, IA, ME, MD, MA, MN, MO, NE, NV, NM, NY, NC, OH, OR, SC, SD, TN, VT, VA, WA, WV, WI, WY
2047/12/20219/20/20012001Level Propane Gases Inc.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues8$700,000 $700,000 Nonstore RetailersAccording to the Attorneys General, Level Propane increased its price per gallon of propane after signing contracts with consumers for fixed prices.In addition, customers will receive refunds or credits, prompt delivery, new contracts with clear terms and conditions, and a guarantee that no one will be charged above the written price for fuel or services.AZ, IN, IA, MO, NM, PA, TN, WI454312
2037/12/20219/8/20012001ChevronAntitrustMerger Review12$1,410,882 $1,410,882 Petroleum & Coal Products ManufacturingPlaintiff States sought to enjoin Chevron Corporation (Chevron) and Texaco, Inc. (Texaco) from consummating their merger, arguing that the merger would significantly impair competition in the markets for refining, wholesaling, and retailing of gasoline and other motor vehicles; aviation gasoline and jet fuel; and California crude oil.Under the terms of the settlement, Texaco will sell all of its downstream retail and wholesale motor gasoline interests in the United States and aviation gasoline assets in the settling states to another company.FTCWAAK, AZ, CA, FL, HI, ID, NV, NM, OR, TX, UT, WA324110
2027/12/20217/17/20012001Aventis CropScienceConsumer ProtectionDefective or Unsafe Products17$0 AgricultureThis supplemental agreement focuses on growers who have found StarLink "Cry9C" corn in their inventories, despite the fact that they had not purchased StarLink-brand seed or grown corn within 660 feet of corn grown from StarLink seed.These "StarLink growers" and "buffer growers" are eligible for various kinds of compensation under an agreement that state Attorneys General reached with Aventis on January 23, 2001.IAAL, IL, IN, IA, KS, KY, ME, MD, MN, MS, NE, NM, ND, OH, OK, SD, WI541712
2017/12/20216/26/20012001Publishers Clearing HouseConsumer ProtectionMarketing and Advertising26$34,000,000 $34,000,000 Nonstore RetailersInvolved allegations that consumers often were misled by PCH mailings into believing they had won contests, or that making purchases would enhance their chances of winning.The settlement prohibits PCH from using a variety of tactics, including making any false, deceptive or misleading representations or omitting or concealing important facts regarding a sweepstakes.MOAZ, AR, CO, CT, DE, FL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MO, NJ, NC, OR, PA, RI, TN, TX, VT, WV, WI541860
2007/12/20215/23/20012001Johnson & JohnsonAntitrustBoycott; Price-Fixing34$60,000,000 $60,000,000 Pharmaceutical and Medicine ManufacturingThe lawsuit alleged that companies agreed with with the American Optometric Association (AOA), to make their lenses available only from eye care professionals (optometrists, ophthalmologists, and opticians), retail optical stores or mass merchandisers. This agreement made it more costly and difficult for consumers to buy lenses from alternative sources such as pharmacies, the Internet or mail order companies.The consumer benefits package will include: $ 50 off the purchase of four six-packs of disposable lenses; $ 25 off the cost of an eye examination by an eye care professional; and an additional $ 25 off a future purchase of four or more of six-packs lenses.FL, NY, CAAL, AK, AZ, AR, CA, CT, DE, FL, ID, IL, IA, KS, LA, ME, MD, MA, MI, MN, MO, NV, NY, NC, ND, OH, OR, PA, TX, UT, WV, VA, WI, DC, MT, NJ325412
1997/12/20215/11/20012001Marathon Ashland PetroleumEnvironmentAir Pollution Control2$275,300,000 $100,000 Petroleum & Coal Products ManufacturingThe governments alleged that Marathon Ashland's refineries produce substantial pollutants that can cause serious respiratory problems and exacerbate cases of childhood asthma: nitrogen oxides, sulfur dioxide, particulate emissions, carbon monoxide, benzene and volatile organic compounds, in violation of the Clean Air Act.Under the settlement, Marathon Ashland will cut emissions by using innovative technologies, incorporating improved leak detection and repair practices, and making other pollution-control upgrades.EPAMN, LA324110
1987/12/2021Victor Stanley WilcoxConsumer ProtectionMarketing and Advertising2$0 $0 Other/Non ClassifiedAccording to the FTC, the defendants promised consumers that, for a $ 99 "processing" fee, they were guaranteed to receive a Visa card, or, for $ 129, they were guaranteed to receive both a Visa and a MasterCard credit cards. Instead, consumers received a packet of information that included a list of banks to which consumers could apply for the cards.Under the terms of their settlements, Wilcox and Sweeney are permanently banned from the promotion or sale of any credit-related goods or services, and from engaging in or assisting others in telemarketing activities. Churchill is permanently banned from engaging, or assisting others engaged in the marketing and sale of any credit-related goods or services.FTC; USPS; US Attorney (MN)MN, TX
1977/12/20213/27/20012001Bigsmart.comConsumer ProtectionMarketing and Advertising2$5,000,000 $5,000,000 Advertising and Related ServicesInvolved claims that the on-line business operated a pyramid scheme.The settlement prohibits Bigsmart from requiring people to sign up for malls to buy products in order to be eligible for commissions. Additionally, the settlement prohibits Bigsmart from engaging in pyramids and making specific earnings claims.FTCTX, WI517110
1967/12/20213/8/20012001The Reader's Digest AssociationConsumer ProtectionMarketing and Advertising33$8,200,000 $8,200,000 Publishing IndustriesRDA sends out millions of pieces of mail annually, most of which offer consumers the opportunity to enter a sweepstakes. The SAGs alleged that these sweepstakes involved fraudulent claims.The settlement requires RDA to include in all of its sweepstakes mailings a clear and conspicuous "Sweepstakes Facts" disclosure to consumers. RDA also has agreed to stop soliciting high activity customers until it contacts those customers and determines that they are not buying because they think buying will help them win.NoneAL, AK, AR, CA, GA, HI, ID, IL, IN, KS, LA, MS, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, RI, SC, SD, TN, UT, VA, WA, WY, DC511120
1957/12/20212/20/20012001Bausch & Lomb, Inc.AntitrustBoycott; Price-Fixing34$17,500,000 $17,500,000 Pharmaceutical and Medicine ManufacturingThe settlement resolves claims by the states, and by private parties, that contact lens makers and optometrists conspired to limit the availability of contact lenses.A portion of the $8 million will pay for a widespread advertising campaign to alert contact lens users of the settlement and inform consumers how to receive the benefits. Approximately $6.7 million will be available for other purposes, subject to the court's approval.NoneFL, NY, CAAL, AK, AZ, AR, CA, CT, DE, FL, ID, IL, IA, KS, LA, ME, MD, MA, MI, MN, MO, NV, NY, NC, ND, OH, OR, PA, TX, UT, WV, VA, WI, DC, MT, NJ325412
1947/12/20212/17/20012001Cape Canaveral Cruise Line Tour and TravelConsumer ProtectionMarketing and Advertising15$150,000 $150,000 Travel Arrangement and Reservation ServicesInvolved allegations that the travel companies misrepresented the terms and conditions of Florida vacations and cruises to the Bahamas. The Attorneys General further alleged that the defendants misrepresented the purpose of their solicitations and failed to inform consumers that they were required to attend timeshare presentations while on their "free" vacations.The settlement requires the defendants to clearly disclose in written materials that a purchase of a vacation package is required in order to receive any of the benefits described in the solicitation. In addition, the settlement prohibits the defendants from misrepresenting material terms and conditions of the vacation offers.NoneAR, CT, FL, IL, MA, MI, MN, NM, NC, OH, PA, TN, WA, WV, WI561510
1937/12/20211/24/20012001Aventis CropScienceConsumer ProtectionDefective or Unsafe Products17$0 AgricultureStarLink was altered with a bacterial gene to make it resistant to corn borer caterpillars, but Aventis' EPA license for StarLink did not permit use for human consumption because the agency could not rule out a link between the StarLink protein and food allergies.Under the terms of the agreement, Aventis will pay 25 cents per bushel to StarLink growers and buffer growers to control corn grown from StarLink hybrids and corn grown within 660 feet of corn grown with StarLink hybrids and move such corn to approved sites and uses through Aventis' "StarLink Enhanced Stewardship" program. In addition, growers and elevators are eligible for Aventis payments for documented StarLink costs or losses, such as transportation, storage, testing, demurrage (extra costs resulting from handling StarLink), and loss of value.NoneIAAL, IL, IN, IA, KS, KY, ME, MD, MN, MS, NE, NM, ND, OH, OK, SD, WI541712
1927/12/20211/11/20012001Toysmart.comConsumer ProtectionConsumer Privacy and Data39$0 $0 Retail TradeThe online educational toys seller had proposed selling customers' names, addresses, billing information, and shopping preferences after the company experienced financial hardship. However, the company's website contained a privacy policy declaring that Toysmart would "never" share customer information with third parties.Under the agreement, Toysmart has agreed to destroy its customer list and, in exchange, Buena Vista Internet Group, a Disney subsidiary, will pay the company $50,000. In addition, the Attorneys General will have the right to take appropriate steps to verify that the list has been destroyed.FTCMAAK, AZ, AR, CA, CO, CT, DE, GA, HI, ID, IL, IN, IA, KS, MD, MA, MI, MN, MS, MO, MT, NV, NH, NJ, NC, OH, OK, OR, PA, RI, TN, UT, VT, VA, WA, WV, WI, WY, MP
1917/12/2021PCC Direct, Inc.Consumer ProtectionMarketing and Advertising15$100,000 $100,000 Advertising and Related ServicesThe States alleged that the company falsely represented that the Crystal Ear was not a hearing aid to avoid compliance with state and federal laws regulating the advertising and dispensing of hearing aids. In addition, the states alleged that PCC Direct made unsubstantiated representations about the performance of the device, and used testimonials claiming results that were not substantiated as typical of ordinary consumer experience.The settlement prohibits PCC Direct from advertising, selling, or dispensing Crystal Ear without securing a license. PCC Direct also is prohibited from disseminating any advertisement for the product which is false, misleading, or deceptive.NoneAZ, CA, DC, FL, IL, KS, MN, MO, NJ, NM, NY, PA, TX, VT, WI454113
1907/12/2021Health DirectConsumer ProtectionMarketing and Advertising10$100,000 $100,000 Drugs & Druggists' Sundries Merchant WholesalersAccording to the Attorneys General, the companies advertised and sold "slimming briefs" and electrode belts that supposedly gave consumers the same weight loss and body slimming results as exercise. Neither claims made on the slimming briefs nor the Elysee Electro Exercise System were substantiated.The defendants must cease selling their "medical devices" unless and until the products have been approved by the FDA.NoneAZ, CA, FL, IL, MO, NM, PA, TX, VT, WI
1897/12/202110/16/20002000Bridgestone-Firestone, Inc.Consumer ProtectionDefective or Unsafe Products49$0 $0 Plastics & Rubber Products ManufacturingDue to concerns about the possible safety risks associated with certain tires under investigation by NHTSA, the Bridgestone/Firestone Multi-State Working Group consisting of 48 states and territories urged Bridgestone to replace more consumers' tires.The company agreed to replace up to an additional 1.4 million tires identified by the National Highway Traffic Safety Commission as having high separation rates.NoneCT, FL, GA, IL, TN, TX, WIPR, AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, WI, MT, NE, NV, NH, NJ, NM, NY, NC, WY, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV326212
1887/12/202110/10/20002000F. Hoffman La RocheAntitrustPrice-Fixing23$255,000,000 $255,000,000 Pharmaceutical and Medicine ManufacturingThe suit alleged that the companies conspired for more than a decade to fix prices and restrict supplies of a variety of vitamins, used in vitamin pills, and feed for chicken, cattle, fish, and foods such as milk, cereal and bread.As part of the settlement, a $107 million business settlement fund will be set up to reimburse businesses in the 23 participating jurisdictions. Defendants were enjoined from violating Plaintiff States' antitrust laws for a period of 2 years.NoneDC, FL, IL, MN, NY, WIAZ, FL, HI, ID, IL, KS, ME, MI, MN, NV, NM, NY, NC, ND, RI, SD, TN, VT, WA, WV, WI, DC, PR325412
1877/12/202110/5/20002000Wade Cook Financial Corp.Consumer ProtectionMarketing and Advertising14$2,800,000 $2,800,000 Other/Non ClassifiedAccording to the Attorneys General and the FTC, the defendants falsely stated that consumers would earn extremely high rates of return using their trading strategies. The defendants did not possess and rely upon a reasonable basis to substantiate their claims, however.Under the terms of the settlement, the defendants must clearly disclose: 1) the "rate of return" in all advertising claims of successful stock marketing trading strategies, 2) that "future results may vary," and 3) testimonials reflect only one person's success and that consumers must not assume that it represents its overall rate of success.FTCAK, AZ, CA, ID, IL, KS, MO, NM, NC, OR, PA, TX, WA, WI
1867/12/20219/22/20002000U.S. BankConsumer ProtectionConsumer Privacy and Data39$2,000,000 $2,000,000 Finance & InsuranceIn some account agreements provided to customers, the bank listed the circumstances under which personal customer information would be disclosed, but failed to include any references to the bank's practice of providing such information to vendors for direct marketing purposes.U.S. Bank has agreed to stop the practice of sharing customer account information with third parties for the purposes of marketing non-financial products or services.NoneCADC, AZ, CA, CO, CT, DE, GA, FL, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MO, MT, NE, NV, NJ, NY, NM, NC, ND, OH, OK, OR, PA, SD, UT, VT, WA, WI, WY522110
1857/12/20218/23/20002000Time, Inc.Consumer ProtectionMarketing and Advertising49$8,100,000 $8,100,000 Publishing IndustriesInvolved claims that Time misrepresented through their sweepstakes promotional materials that consumers had won a major prize.The agreement with Time requires that all its sweepstakes mailings provide a clear and conspicuous "Sweepstakes Facts" disclosure to consumers. The Sweepstakes Facts will include new disclosures. Additionally, Time will not be able to misleadingly state that a consumer is about to become the winner of a sweepstakes, misleadingly tell consumers that they have a better chance of winning a sweepstakes than they actually do, or falsely represent that the sweepstakes package has been sent by special courier or a special class of mail.NoneAL, AK, AZ, AR, CA, CO, DE, FL, GA, HI, ID, IL, IN, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC511120
1847/12/20218/21/20002000Publishers Clearing HouseConsumer ProtectionMarketing and Advertising25$18,300,000 $18,300,000 Nonstore RetailersThe challenged mailings consisted of a series of personalized form letters that implied consumers, many of them senior citizens, won or were about to win a major sweepstakes prize. Consumers were led to believe that they could increase their chances of winning by making purchases.Under the terms of the settlement, PCH may not label a consumer a "winner" unless they actually won a prize. Also, PCH must identify and send notices to individuals who spent more than $ 1,000 annually that they are not required to make purchases in order to win the sweepstakes. PCH must also include a sweepstakes fact sheet, similar to the fact sheet in the Time settlement, which includes the odds of winning, end date of the sweepstakes, value of prizes, quantity of prizes offered, as well as additional informative consumer messages.NoneNY, CA, OH, WAAL, AK, CA, DC, GA, HI, ID, IL, LA, MS, MT, NE, NV, NH, NY, ND, NM, OH, OK, SC, SD, UT, VA, WA, WY541860
1837/12/20218/15/20002000Oxyfresh Worldwide, Inc.Consumer ProtectionMarketing and Advertising12$65,000 $65,000 Drugs & Druggists' Sundries Merchant WholesalersA "quit smoking" system was marketed as a smoking deterrent through unsubstantiated company claims that the product had healthful properties and could treat, cure, or prevent nicotine addiction - assertions that made the product an unapproved drug under state and federal laws. Furthermore, Oxyfresh promoted its product as being endorsed by a nonprofit group known as "Doctors for a Smoke Free World," an organization that does not exist.The settlement requires Oxyfresh to cease selling smoking cessation products that do not comply with U.S. Food and Drug Administration requirements, falsely implying that it is affiliated with or has the endorsement of any organization or individual representing the effectiveness of any of its products, and fabricating misleading statements for advertising or marketing purposes.NoneAZ, AR, CA, CT, FL, KY, MA, NM, PA, TN, WA, WI541712
1827/12/20218/2/20002000Baker & Taylor, Inc.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues18$15,500,000 $12,500,000 Retail TradeThe Attorneys General alleged that Baker & Taylor promised to pass along the discounts it received from publishers, but failed to do so when it secretly removed thousands of books from the "deep discount" list forcing libraries to pay more than the agreed upon price for books.The money obtained in the $15.5 million settlement will be used to reimburse schools and libraries that were defrauded.DOJCAAR, CA, CT, FL, HI, ID, KY, MA, MN, MO, NV, NM, NC, OK, TN, TX, VT, WI424920
1817/12/20217/12/20002000Mylan Laboratories, Inc..AntitrustPrice-Fixing; Monopolization33$108,000,000 $108,000,000 Pharmaceutical and Medicine ManufacturingInvestigators in 1998 accused Mylan of illegally raising the price by more than 2,000 percent of the generic drugs lorazepam and clorazepate, which are used to treat anxiety, Alzheimer's disease and other afflictions. Mylan was accused of forming a partnership with the only company that is able to import the ingredients used to manufacture the generic drugs.In addition to the monetary terms of the settlement in principle, Mylan will agree to certain restrictions in its supplier agreements in order to restore competitive balance to the pharmaceutical market.FTCMD, OHAK, AZ, CA, CO, CT, FL, ID, IL, IA, KY, LA, ME, MD, MI, MN, MO, NM, NY, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VT, WA, WV, WI, DC181-2001.01.30-Multistate-Mylan-Laboratories-Lorazepam-Settlement-Agreement.pdf325412
1807/12/20216/8/20002000Kimberly-Clark Corp.AntitrustPrice-Fixing3$1,200,000 $1,200,000 Wood and Paper ManufacturingPlaintiff States alleged that competing manufacturers of commercial tissue products conspired to fix prices for commercial tissue sold to schools, hospitals, prisons, hotels, restaurants and other large scale purchasers.As part of the settlement, tissue products from the companies will be distributed to organizations including schools, universities, correctional facilities, parks and recreation centers.NoneMDMD, NY, WV322291
1797/12/20214/25/20002000Equinox International Corp.Consumer ProtectionMarketing and Advertising8$40,000,000 $0 Other/Non ClassifiedThe FTC and the states alleged that the pyramid schemes were illegal, the companies made deceptive earnings claims and violated federal law.The settlement also bars the companies' founder, William Gouldd, from future involvements in any multilevel marketing scheme and states that cash and corporate individual assets be given to a court-appointed receiver for liquidation.FTCHI, MD, NV, NC, PA, TN, MI, SC454390
1787/12/20214/13/20002000BP AmocoAntitrustMerger Review3$1,208,112 $1,208,112 Petroleum & Coal Products ManufacturingAlleged that the merger would give BP monopoly-like control over Alaska North Slope crude oil production and sales to West Coast refineries.BP-ARCO agreed to divest the ARCO Alaska assets and its ARCO Beluga Inc. assets to Phillips Petroleum of Bartlesville, Oklahoma.FTCCA, OR, WACA, OR, WA324110
1777/12/20214/5/20002000United States Sales CorporationConsumer ProtectionMarketing and Advertising49$35,300,000 $35,300,000 Other/Non ClassifiedEach year, USPE sends out tens of millions of mailings containing offers to buy household and personal products, along with sweepstakes entry forms. The Attorneys General alleged that consumers, particularly seniors, bought these products believing the purchases would enhance their chances of winning a major prize.The settlement also requires USPE to take steps to ensure their future sweepstakes mailings are not misleading; ensure that all sweepstakes have a single response deadline, rather than numerous intermediate response deadlines; and maintain a toll-free telephone number for consumers to call if they wish to be placed on the company's "Do Not Contact" list.NoneDC, MOAL, AK, AZ, AR, CA, CO, DE, DC, FL, GA, HI, ID, IL, IN, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY541860
1767/12/2021Qwest CommunicationsConsumer ProtectionUnauthorized Fees or Service Cancellation Issues2$250,000 $250,000 TelecommunicationsInvolved allegations that the long distance service provider switched consumers' long distance service without their authorization and charged consumers for products and services without their consent.Qwest agreed to provide restitution to consumers who changed their long distance service as a result of Qwest's offer and provide the free airline tickets.NoneOR, AZOR, AZ517210
1757/12/20213/17/20002000Smith & WessonConsumer ProtectionDefective or Unsafe Products2$0 $0 Small Arms ManufacturingFollowing the lawsuits of several cities against the firearms industry, two AGs and HUD negotiated this settlement.Dismisses suits and agreement to refrain from suits; agrees to meet the following safety and design standards, among others: internal gun locks within two years; external locking devices sold with all guns within 60 days; and a second, hidden serial number to prevent criminals from removing serial numbers so guns can't be traced. In addition, Smith &Wesson agrees to follow a code of conduct that requires it sell only to authorized dealers and distributors and allow their authorized distributors to sell only to authorized dealers.Treasury; HUDNY, CTCT, NY332994
1747/12/20213/6/20002000Nine West Group, Inc.AntitrustPrice-Fixing; Resale Price Maintenance56$34,000,000 $34,000,000 Apparel ManufacturingThe states alleged that the company entered into illegal agreements with shoe retailers to fix the retail price of women's shoes between January 1988 and July 1999.Nine West was enjoined for 5 years from attempting to fix, lower, raise, maintain or stabilize the retail prices for which Nine West products were sold. Government officials said they would divide the $34 million settlement among the 50 states and other United States territories to be used for women's health, educational and safety programs.FTCFL, NY, OH, TXAL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VI, VA, WA, WV, WI, WY, KY, MP, AS448210
1737/12/20212/8/20002000National Travel ServicesConsumer ProtectionMarketing and Advertising18$720,000 $720,000 Travel Arrangement and Reservation ServicesAccording to the Attorneys General, the defendants falsely promised "free" vacations when, in fact, consumers had to attend a five hour time-share presentation as a condition of redeeming their "vacation." The Attorneys General also alleged that the travel companies provided substandard accommodations to consumers who were promised luxury accommodations or had advertised a "free cruise" to the Bahamas which, in actuality, was a one-day ferry ride.Under the terms of the settlement, the defendants will provide refunds to consumers who have filed complaints with the Attorneys General offices, as well as change their marketing practices.NoneDC, AZ, AR, CT, FL, GA, IL, KS, MI, MO, NM, NC, OH, OR, PA, WA, WV, WI561510
1727/12/20211/11/20002000Bayer Corp.Consumer ProtectionMarketing and Advertising2$30,000 $30,000 Pharmaceutical and Medicine ManufacturingAttorneys General Spitzer and Blumenthal, the FTC, and the FDA had alleged that, although an aspirin regimen is effective in reducing the risks of stroke and heart attack in certain groups of people, its regular use can cause health problems and, therefore, should be undertaken under the supervision of a health care professional.Bayer has agreed to alter its advertising of its aspirin product by providing better instruction to the public about consulting a physician before beginning an aspirin regimen; stop implying that the benefits provided by Bayer aspirin are unique, unless that claim can be validated; and relying only upon competent and reliable scientific evidence to substantiate any health claims.FTC; FDANYNY, CT325412
1717/12/202111/27/19991999ExxonAntitrustMerger Review16$737,593 $737,593 Petroleum & Coal Products ManufacturingPlaintiff States sought to enjoin the merger between Exxon Corporation (Exxon) and Mobil Corporation (Mobil), alleging that the merger would violate Section 7 of the Clayton Act because the acquisition would substantially lessen competition and/or tend to lessen competition in relevant markets in each of the States.Both Mobil and Exxon agreed to divest certain assets in the Northeast and Mid-Atlantic regions of the country.FTCAK, CA, NJ, NY, TXAK, CA, CT, DE, DC, MD, MA, NJ, NY, OR, PA, RI, TX, VT, VA, WA324110
1707/12/202111/16/19991999MCI WorldComConsumer ProtectionUnauthorized Fees or Service Cancellation Issues24$1,320,000 $1,320,000 TelecommunicationsAccording to the Attorneys General, MCI initiated and billed its customers a "national access fee" that ranged from $ 1.07 for residential customers to as much as 27% of the total bill on business accounts. The fee was listed in the taxes and surcharge section of customers' bills. When consumers questioned the charge, MCI falsely told them that the fee was a Federal Communications Commission mandated charge.Under the terms of the settlement, MCI agreed to no longer place the so-called "national access fee" in the taxes or surcharge section of its customers' bills and cease referring to the charge as a tax, charge, or fee mandated by the Federal Communications Commission.NoneAZ, AR, CA, CO, CT, FL, ID, IA, KS, MD, MO, NV, NJ, NM, NY, NC, OH, OK, OR, PA, TN, TX, VT, WI517210
1697/12/20219/30/19991999Mazda Motor of AmericaConsumer ProtectionMarketing and Advertising24$5,250,000 $1,200,000 Motor Vehicle ManufacturingAccording to the State Attorneys General, despite the 1996 settlement, Mazda's ads continued to highlight low monthly payments while obscuring the total amount due at lease signing. Specifically, the states alleged that Mazda failed to show in its television ads the total amount due at lease signing long enough to be noticed, read, and easily understood by consumers. Mazda's ads contained distracting sounds, small type size, and other clutter that violated of the disclosure requirement in the 1996 settlement.As part of the settlement, Mazda will distribute a consumer education brochure on vehicle leasing through its 750 U.S. dealers.FTCAL, AZ, CA, CT, FL, HI, ID, IL, IA, KS, MD, MA, MN, MO, NE, NV, NJ, NY, NC, OH, PA, TN, WA, WI336111
1687/12/20217/29/19991999Knoll Pharmaceutical Co.Consumer ProtectionMarketing and Advertising37$41,800,000 $41,800,000 Pharmaceutical and Medicine ManufacturingAccording to the Attorneys General, Knoll suppressed scientific research it had sponsored that failed to demonstrate the superiority of Synthroid. Knoll had marketed Synthroid as a reference product and the standard for levothyroxine sodium products, as well being unique and better than competing brands. Knoll also allegedly claimed that no study had shown that any competing brand was equivalent to or useful in place of Synthroid.Under the terms of the settlement, Knoll may not make any false or misleading claims regarding Synthroid or any other similar product regarding: superiority or other characteristics of the product; bioequivalance or lack thereof of the product to any other drug or new drug; the status of the product as a reference or standard; the cost of switching the product; any medical rationale for specifying the use or continued use of one product over another; and the scope, findings or existence of any scientific study, whether published or not, concerning the product.NoneNMAR, AZ, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, MD, MA, MI, MO, NE, NC, NJ, NM, NY, NC, OH, OK, OR, RI, SC, TN, TX, VT, VA, WA, WV, WI325412
1677/12/2021OneSource Worldwide Network, Inc.Consumer ProtectionMarketing and Advertising6$0 $0 Other/Non ClassifiedThe states and the FTC alleged that the defendants falsely claimed that the Laundry CD cleans laundry as well as laundry detergent by changing the molecular structure of water. They also claimed it was recyclable, and that scientific evidence proved the product works. However, according to the complaint, the defendants did not actually have scientific evidence supporting their claims and used testimonials that were misleading because the testimonialists' experience was not typical.The settlement would also prohibit the defendants from making the claims detailed in the complaint and from misrepresenting the results of any research. The defendants also would be barred from using misleading testimonials, and must make disclosures about any atypical testimonial.FTCAR, IL, MI, MO, NV, TX325998
1667/12/20216/23/19991999Albertson's, Inc.AntitrustMerger Review3$430,000 $430,000 Food & Beverage StoresAntitrust regulators had contended the deal would substantially reduce competition in California, Nevada and New Mexico.Under the proposed federal order, Albertson's and American Stores will be forced to sell 144 supermarkets and five planned sites.FTCCA, NV, NMCA, NV, NM445110
1657/12/20216/9/19991999Action Direct MarketingConsumer ProtectionMarketing and Advertising6$25,000 $25,000 Advertising and Related ServicesAccording to the Attorneys General, Action Direct Marketing, under the fictitious entity "National Health Surveys," misrepresented to consumers that it was conducting a national health survey to improve health care for the public. However, the company was actually compiling a marketing list of consumers who indicated that they had hearing and other health problems. Action Direct Marketing sold these lists, along with private health information it gathered, to its professional clients, including doctors, audiologists and chiropractors.Action Direct Marketing is prohibited from misrepresenting the purpose of its consumer health surveys. The company is also required to affirmatively disclose all potential uses of consumer health information gathered in a health survey and, specifically, to disclose that such information may be shared with health care providers or services for marketing purposes.NoneCA, IL, MN, TX, VT, WI541870
1647/12/20215/28/19991999American Family PublishersConsumer ProtectionMarketing and Advertising4$4,020,000 $4,020,000 Nonstore RetailersAccording to the Attorneys General, AFP's sweepstakes mailers falsely suggested that recipients must make purchases to win, that recipients were part of a select group vying for a prize, and that recipients had to respond immediately to prevent someone else from claiming their prize.Under the terms of the settlement, AFP must include various disclosures on sweepstakes mailers; Upon receipt of duplicate payment of the entire subscription amount for the same invoice, AFP must promptly provide a refund or advise the customer a duplicate payment has been made and a refund is available.NoneFL, IN, SC, WV541860
1637/12/20215/26/19991999Toys 'R' UsAntitrustHorizontal Non-Price Restraint; Monopolization; Price-Fixing46$55,989,150 $55,989,150 Retail TradeThe case alleged that Toys 'R' Us orchestrated a conspiracy among the three major toy manufacturers to restrict the supply of certain popular toys to warehouses and price clubs in an effort to put the clubs at a competitive disadvantage.The settlement requires toys and cash to be divided among the states based on population. The product mix is at the discretion of the companies. However, the donated goods must include toys for girls as well as boys, and items for children of all ages. The goods must be among items currently for sale at Toys 'R' Us and cannot include recalled items or products that depict violence. In addition, the price of individual items is discretionary. However, only 10 percent can be of a value greater than $ 30 so that the donation will generate enough toys to distribute to a large number of children.NoneNYAL, AK, AZ, AR, CA, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MO, MN, MT, NE, NV, NH, NM, NY, NC, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VA, WA, WV, WI451120
1627/12/20214/22/19991999TradeNet Marketing, Inc.Consumer ProtectionMarketing and Advertising11$155,000 $77,500 Advertising and Related ServicesInvolved allegations that these defendants falsely claimed that their products, The Laundry Solution, a small plastic ball filled with "structured water," and The SuperGlobe - a ball divided into two parts containing "Ie Crystals" or "Ie structures," cleaned clothes better than traditional laundry detergents and were better for the environment.Under the terms of the settlement, the defendants are required to provide substantiation for claims about their products' efficacy, benefits, or performance before making such claims. Also, the defendants are prohibited from misleading testimonialsFTCAZ, AR, HI, ID, IL, MI, MO, NE, NV, NY, OK325611
1617/12/20214/8/19991999Allied Waste IndustriesAntitrustMerger Review2$0 $0 Waste Management & Remediation ServicesStates of Missouri and Illinois joined in United States Department of Justice action to enjoin acquisition or to remedy anticompetitive effects from proposed acquisition by waste hauler.Agreed to certain divestitures of hauling assets and other injunctive terms.DOJIL, MOIL, MO562111
1607/12/20213/18/19991999United Industries Corp.Consumer ProtectionMarketing and Advertising10$40,000 $40,000 Miscellaneous ManufacturingThe company allegedly failed to disclose that consumers would be required to perform regular maintenance on the equipment, and that its bait stakes do not work against drywood termites.Under the terms of the settlement, United Industries will not make any claims about the effectiveness of TERMINATE unless it has reliable scientific evidence to support those claims, and will disclose that the product is "not recommended as sole protection against termites, and for active infestations, get a professional inspection."FTCDC, FL, GA, KY, MD, OH, NJ, NC, TX, VA332618
1597/12/20213/12/19991999Nestle USAConsumer ProtectionDefective or Unsafe Products13$1,500,000 $1,500,000 Food ManufacturingInvolved claims that the company marketed a product called "Nestle Magic" that was potentially a choking hazard.Agreed to (1) comply with state and federal laws before placing similar products on the market; and (2) refrain from making deceptive or unsubstantiated claims in the advertising or promotion of similar products.NoneMN, CTCT, MD, MA, MN, NE, NJ, NM, NY, OR, PA, TX, VT, WI311320
1587/12/20211/11/19991999Direct American MarketersConsumer ProtectionMarketing and Advertising30$3,000,000 $3,000,000 Advertising and Related ServicesInvolved charges that the sweepstakes company deceived consumers by convincing them that they needed to call a 900 number in order to claim a cash prize or to find out if they had won a sweepstakes.The company and its chief executive officer, Anthony C. Brown, are enjoined from conducting any future 900-number sweepstakes.NoneMOAL, AK, AR, AZ, CO, CT, DE, FL, HI, IL, IA, KS, KY, ME, MD, MI, MS, MO, MT, NE, NV, NH, NM, NY, OK, PA, RI, UT, VA, WV541860
1577/12/20211/5/19991999Consumer AccessConsumer ProtectionUnauthorized Fees or Service Cancellation Issues15$525,000 $525,000 Professional, Scientific, & Technical ServicesThe Attorneys General had alleged that Consumer Access placed sweepstakes entry boxes in retail establishments in several states. Consumer Access then used the contest entry forms as authorization to charge an enrollment fee and a monthly fee.Under the terms of the settlement, any customer of Consumer Access who has been billed within the past 12 months and who did not authorize the charges will receive a full refund.NoneAR, FL, ID, KS, MI, MO, NJ, NC, OH, OR, PA, RI, TN, TX, WV541611
1567/12/202112/31/19981998Waste Management, Inc.AntitrustMerger Review3$0 $0 Waste Management & Remediation ServicesThe case arose out of concerns that the merger would place too many trash hauling contracts and transfer stations in the hands of a single company.Agreed to divest certain assets in the affected States; and the companies agreed to maintain the relevant disposal assets as viable, competitive businesses until those assets were sold.DOJFL, NY, PAFL, NY, PA562111
1557/12/202112/30/19981998AmocoAntitrustMerger Review3$0 $0 Petroleum & Coal Products ManufacturingThe transaction raised competitive concerns for the FTC and states in a number of local markets in which the Commission proposed to take action.The companies agreed to divest nine storage terminals across the Southeast & Midwest. They also sold off 134 gas stations and were required to give 1600 independent gas station owners the option of switching brands.FTCCACA, OR, WA324110
1547/12/202112/10/19981998SmithKline Beecham Consumer HealthcareConsumer ProtectionMarketing and Advertising12$2,500,000 $2,500,000 Pharmaceutical and Medicine ManufacturingThe Attorneys General alleged that SBCH used misleading advertising that overstated its products' abilities to help consumers quit smoking. SBCH claimed that smokers would be able to quit smoking permanently. In fact, most smokers are unsuccessful in their attempts to quit. In addition, the company implied that the American Cancer Society endorsed its products by featuring the Society's logo and the phrase "Partners in Helping You Quit" in its advertisements.Under the terms of the settlement, SBCH agrees to: refrain from using the phrases "power to quit," "power to quit successfully" or "you bring the commitment, NicoDerm CQ brings the rest" in its ad campaigns; clearly disclose that a consumer's chances of quitting may improve with a counseling program; cease making unsubstantiated claims about its products' superiority; include disclaimers regarding any implied endorsements by the American Cancer Society or other organizations; and cease using the American Cancer Society's name and logo in ads that mention a competitor's product.NoneCT, FL, IL, MA, MN, MO, NM, NY, PA, TX, VT, WI325412
1537/12/202112/3/19981998Travel Opportunities, Inc.Consumer ProtectionMarketing and Advertising16$1,000,000 $1,000,000 Travel Arrangement and Reservation ServicesThe states alleged that the company marketed the packages that implied consumers had won free vacations to Florida and the Bahamas. When consumers would call the "800" number to claim their vacations, which were promoted through the mail or at contest booths, they were subjected to a high-pressure sales pitch to purchase a vacation costing more than $ 400.If the amount of restitution sought from consumers in the 16 states exceeds $ 600,000, consumers will get pro-rated refunds.NoneNYAR, AZ, CT, IL, MA, MI, MN, MO, NJ, NM, NY, NC, TX, WA, WV, WI561510
1517/12/202111/21/19981998First North American National BankConsumer ProtectionDebt Collection Practices43$11,700,000 $11,700,000 Finance & InsuranceAccording to the complaint, the company (the credit arm of Circuit City) solicited consumers who filed Chapter 7 bankruptcy to sign reaffirmation agreements, but failed to file those agreements with the bankruptcy court.In addition, the bank agreed to an injunction prohibiting it from collecting on reaffirmation agreements that were not properly filed with the bankruptcy court.NoneCA, OHAL, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, OH, OK, PA, RI, SC, TX, UT, VT, VA, WA, WV, WI
1507/12/202111/2/19981998May Department StoresConsumer ProtectionDebt Collection Practices27$22,000,000 $22,000,000 Retail TradeMay allegedly solicited customers who filed Chapter 7 bankruptcy to sign contracts agreeing to repay their debt rather than have it dismissed in bankruptcy. May then allegedly failed to file those reaffirmation agreements with the bankruptcy court as required by law.May will offer consumers the opportunity to have their reaffirmed debts stricken, will waive any rights to repossess merchandise, and will reimburse consumers for finance charges, penalties, and money paid on the reaffirmed debt plus interest. May has also agreed to an injunction that will prohibit it from collecting on reaffirmation agreements that are not properly filed with the bankruptcy courts and requires it to disclose to its bankrupt consumers their rights in connection with reaffirmation agreements.FTCMAMA, AZ, CA, CO, CT, DE, FL, GA, IL, IN, MD, MI, MO, NV, NH, NJ, NM, NY, NC, OH, OK, OR, PA, RI, TX, VA, WA452110
1497/12/202110/5/19981998Telecommunications Resources Inc.Consumer ProtectionMarketing and Advertising4$500,000 $500,000 Other/Non ClassifiedInvolved allegations that the companies used fraudulent telemarketing practices to market phony credit card offers through a program called "Credit Source." According to the suit, Credit Source offered consumers an unsecured Visa or MasterCard for a $ 35 monthly charge billed through consumers' telephone bills for three consecutive months. Telemarketers allegedly misrepresented to consumers that they were highly likely or pre-approved to obtain credit. Instead of receiving a credit card, consumers received an application for a credit card.The companies are prohibited from misrepresenting the terms and conditions of any service offered in connection with the promotion of telephone calling cards or other telephone services. Also, they cannot promote or sell credit services in connection with the telephone calling cards or other telephone services.NoneIL, MO, TN, VA
1487/12/2021Minimum Rate Pricing, Inc.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues19$1,000,000 $1,000,000 TelecommunicationsAccording to the lawsuit, MRP telemarketers did not disclose that it is a telecommunications company, failed to get authorization from consumers before switching their long distance service, and misled consumers regarding discounts available under its service. In addition, when consumers discovered the slam and attempted to return to their carrier of choice, MRP re-slammed consumers.MRP must notify all consumers switched to MRP's service prior to December 31, 1998 that they are entitled to have any MRP charges re-rated to the price they would have been with the consumer's prior carrier. The company must also refund all switch fees.NoneNYNY, AZ, AR, ID, IL, IN, IA, KS, MN, MI, NE, NC, OH, PA, RI, TX, VT, VA, WA541860
1477/12/2021Veterans of America AssociationConsumer ProtectionUnauthorized Fees or Service Cancellation Issues4$0 $0 Other/Non ClassifiedAccording to the AGs, consumers who entered a sweepstakes drawing unknowingly agreed to become members of VOAA and receive its voice messaging services. A monthly charge of $ 4.85 appeared on consumers' telephone bills.The settlement will award refunds to many victims of cramming.NoneFL, IL, PA, OR
1467/12/20218/25/19981998Design TravelConsumer ProtectionMarketing and Advertising5$125,000 $125,000 Travel Arrangement and Reservation ServicesAccording to the complaints, Dolgin obtained names of prospective customers at local fairs and shows where people were encouraged to "register" to win a vacation. Telemarketers then called consumers to tell them they had "won" a cruise vacation to Florida and the Bahamas, when, in fact, consumers had to pay up to $ 598 to obtain the travel package and additional monies to book the vacation. In addition, the complaints alleged that those who actually paid for the vacation found that the cruise was merely a ferry ride and that the hotel in the Bahamas was substandard.In addition, the settlement imposes a $ 25 million suspended judgment, representing the amount lost by consumers. An additional $ 10 million judgment will be entered should the court find that Dolgin misrepresented his financial condition or concealed assets at the time of the settlement.NoneIL, WI, CA, FL, MI561510
1457/12/20218/7/19981998Montgomery WardConsumer ProtectionDebt Collection Practices50$87,500,000 $87,500,000 Retail TradeThe companies were accused of misrepresentation in getting so-called reaffirmation agreements from their customers who had sought protection under federal bankruptcy laws.As part of the settlement, consumers will have all debts, including finance charges and penalties, stricken, and merchandise will not be repossessed. The $ 27.5 million will be split among the states for consumer education programs.FTCMO, CAAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY452110
1447/12/20217/17/19981998USA Waste ServicesAntitrustMerger Review13$0 $0 Waste Management & Remediation ServicesU.S. Department of Justice (DOJ) and Plaintiff States sought to enjoin the merger agreement between USA Waste Services, Inc. (USA Waste) and Waste Management, Inc. (WMI), arguing that such a merger would substantially lessen the competition in the waste disposal and commercial waste hauling business.The companies agreed to divest certain waste disposal and waste hauling assets within the Plaintiff States to ensure that one or more viable competitors remained in the relevant markets.DOJOHAZ, CA, CO, FL, KY, MD, MI, NY, OH, PA, TX, WA, WI562111
1437/12/20217/8/19981998National College Registration BoardConsumer ProtectionMarketing and Advertising36$0 $0 Other/Non ClassifiedThe AGs alleged that NCRB solicited millions of high school seniors and college students to buy a "Campus Card" for $ 25, and led students to believe the card could serve as an official identification card and that schools would require them to purchase the "Campus Card." In fact, the card was not endorsed by any college or university.The National College Registration Board [NCRB] must cease operations and turn all monies received from the 6,000 students that purchased the card and a list of their names to the appropriate Attorneys General. Any future receipts must also be forwarded to the Attorneys General. The settlement imposes an automatic $ 30,000 penalty on any of the company's founders in any state who violate the agreement under a new company or business name.NoneNJAL, AR, CO, CT, DE, FL, GA, ID, IL, IN, IA, KS, KY, MD, MA, MI, MN, MS, MO, NV, NJ, NM, NY, NC, OH, OK, PA, RI, SD, TX, UT, VT, VA, WV, WA, WI
1427/12/2021Business Discount PlanConsumer ProtectionUnauthorized Fees or Service Cancellation Issues4$0 $0 TelecommunicationsBDP was charged with "slamming" the long distance service of thousands of consumers across the country, allegedly telling consumers that its rates were lower than the customer's current long distance provider, when, in fact, the BDP rates were higher.The settlement requires that BDP send letters to over 250,000 customers in 47 states informing them that BDP is not affiliated with AT&T and offering to restore consumers' previous long distance service.NoneAR, CT, IL, MO517110
1417/12/20215/28/19981998America OnlineConsumer ProtectionUnauthorized Fees or Service Cancellation Issues44$2,600,000 $2,600,000 Internet Service Providers, Web Search Portals, & Data ProcessingThe states alleged that AOL failed to consider some basic consumer protection principles when making changes in their rates of service, offering free trials of service and charging for calls which consumers thought were toll-free.AOL also promised to revamp some of its business practices by clearly notifying consumers that the "50 free hours" of online service it guarantees to users must be used in a one-month period and that users will be charged after the first month. In addition, AOL must notify users if they are incurring a surcharge for toll-free access or other "premium" services, mail consumers confirmation of account cancellations, and provide subscribers at least 30 days notice before making changes to the terms of service.NoneILIL, AL, AK, AZ, AR, CA, CT, DC, FL, GA, HI, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, WA, WV, WI519130
1407/12/20215/6/19981998ShellConsumer ProtectionTobacco3$550,000 $550,000 Retail TradeIn 1996, the states conducted joint compliance checks to determine whether retailers operating in the three states were complying with laws prohibiting sales of tobacco to minors. These chains were among the retailers who sold to minors during the 1996 compliance checks.The retailers will each contribute between $ 100,000 and $ 150,000, for a total contribution up to $ 550,000, to run a series of hard hitting anti-tobacco commercials designed to carry their message to teens and younger children. In addition, they have agreed to take steps to ensure that minors cannot easily access tobacco products in their stores. These chains were among the retailers who sold to minors during the 1996 compliance checks.NoneNYVT, NY, MA447110
1397/12/20214/16/19981998Loews Theatres, Inc.AntitrustMerger Review; Monopolization2$0 $0 Motion Picture & Video IndustriesThe government said the original deal would have driven up movie-ticket prices and reduced the quality of first-run theaters in Chicago and New York, where the two companies run the first and second largest chains.Loews agreed to divest the Manhattan theater assets and the Chicago theater assets. These assets consisted of 24 cinemas in New York and Chicago.DOJIL, NYIL, NY512131
1387/12/2021Dr. J. Mason HurtConsumer ProtectionMarketing and Advertising5$40,000 $40,000 Hospitals and Health Care ServicesThe allegations involved misleading advertisement claims that a non-surgical eye care treatment could "cure" vision problems.NoneTN, AZ, IL, MO, TX
1377/12/20213/16/19981998American Family PublishersConsumer ProtectionMarketing and Advertising33$1,250,000 $1,250,000 Nonstore RetailersFor more than a year, a task force has been looking into deceptive sweepstakes advertising, including, specifically, "prize notification" mailings by AFP alleged by consumers to be misleading.As part of the settlement, AFP agreed that future solicitations will not: tell consumers they are winners or have already won a prize unless they have in fact won a prize, fail to tell consumers that no purchase is necessary to participate in the sweepstakes, suggest that chances of winning decrease if the consumer fails to order magazines; and tell consumers that the sweepstakes is in its final round unless the sweepstakes is in its final weeks.NoneAL, AR, AZ, CA, HI, ID, IL, KS, KY, MA, MI, MN, MS, MT, NE, NH, NJ, NM, NV, NC, OH, OK, OR, PA, RI, SD, TN, TX, VT, VA, WI, WA, DC541860
1367/12/20212/17/19981998Federated Department StoresConsumer ProtectionDebt Collection Practices20$14,400,000 $14,400,000 Retail TradeThe AGs alleged that Federated had violated consumer protection laws by pressuring consumers who had filed for bankruptcy into signing reaffirmation agreements.Affected customers will have all their reaffirmed debt stricken and Federated will waive any rights to repossess their merchandise. In addition, affected customers will be reimbursed or receive credit for finance charges and penalties charged by Federated on the reaffirmed debt, as well as for any amounts paid on the reaffirmed debt, plus 10% interest. Moreover, these customers will be eligible to receive an additional pro rata penalty payment based upon the amount of payments they made on the unlawful debt.DOJWAAL, CA, FL, GA, ID, IL, IN, KY, MA, NV, NH, NJ, NM, NY, OH, OR, PA, SC, TN, WA452110
1357/12/20211/26/19981998DirecTVConsumer ProtectionMarketing and Advertising31$812,000 $812,000 BroadcastingAGs alleged that consumers who purchased a digital satellite system and paid DIRECTV in advance for a year of programming were eligible for either a $200 cash refund or $200 off their annual subscription package. In the pre-paid programming package advertised as "Total Choice," consumers were offered a variety of channels, including seven Encore Movie channels. However, before the pre-paid subscriptions ended, DIRECTV replaced the seven Encore channels with channels that did not include movies.As part of the settlement, any consumers who were unhappy with the programming changes made by DIRECTV are entitled to receive the Encore movie channels for free for the remainder of the time they had left on their annual subscription when DIRECTV made the programming changes in April, 1997. Eligible consumers who cancelled the service may receive $4.00 for each month that they had left on their annual subscription at the time of the changes. The company is required to mail notices of the settlement on February 5, 1998, to eligible consumers with instructions on what they need to do to receive restitution.NoneFL, PAAZ, AR, CA, CT, DE, FL, GA, ID, IL, IN, KS, KY, LA, MD, MA, MI, MS, MO, NE, NJ, NM, NY, NC, OH, OK, OR, TN, TX, VT, WV, PA515210
1347/12/20211/7/19981998Talk America, Inc.Consumer ProtectionMarketing and Advertising9$150,000 $150,000 Other/Non ClassifiedTalk America and Nature's Pure Body Institute promoted Purifast 30 and claimed that it prevented cancer, removed waste from the body, detoxified the bloodstream, and allowed a person to live without aches and pains. They also promoted Daily Harvest vitamins, claiming they reduced the risk of degenerative diseases, removed foreign chemicals, relieved constipation, and caused weight loss. Lastly, Talk America and Nature's Pure Body promoted Natural Hair Shampoo, claiming that it reversed baldness and increased hair growth.Talk America will not make any representations for which it does not have competent and reliable scientific evidence and will not make any curative or preventive claim for a product which does not have FDA or state-specific approval as a new drug.NoneAZ, CA, IL, MA, NY, PA, TX, VT, WI
1337/12/202112/22/19971997EqualNet Corp.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues11$225,000 $225,000 TelecommunicationsAmong other things, the Attorneys General claimed that EqualNet was engaged in "slamming," a practice in which a long distance company switches a consumer's long distance service without the consumer's knowledge or consent. Indeed, although most businesses were deceived into switching, some were allegedly switched even after stating flatly that they were not interested.Although EqualNet did not admit to any wrongdoing, it agreed to substantially change the way it conducts business and to make refunds to affected consumers. EqualNet also agreed to pay for consumer education and enforcement purposes.NoneAR, IL, IDAZ, AR, ID, IL, KS, MI, NV, NJ, TN, TX, WI517110
1327/12/202112/19/19971997TexacoAntitrustMerger Review4$337,500 $337,500 Petroleum & Coal Products ManufacturingThe governments charged that the proposed joint venture could raise gasoline prices by tens of millions of dollars and would violate federal antitrust laws.Shell and Texaco agreed to divest certain assets within the Plaintiff States.FTCOR, WA, CA, HICA, OR, WA, HI324110
1317/12/202110/7/19971997Playmobil, Inc.AntitrustPrice-Fixing; Resale Price Maintenance8$275,000 $275,000 Miscellaneous ManufacturingAlleged that Playmobil conspired with certain dealers to set the minimum retail price for which retailers were permitted to sell Playmobil's toys.As part of the settlement, Playmobil was enjoined from attempting to fix or maintain prices for which dealers were permitted to sell its productsNoneCT, NJ, PACT, IL, MD, MA, NJ, NY, OH, WI339932
1307/12/202110/2/19971997Nestle USAConsumer ProtectionDefective or Unsafe Products10$0 $0 Food ManufacturingThe Attorneys General were concerned about the company's toy because of the possibility that small children sucking on the candy would not be aware of the toy and it could become lodged intheir throats, causing choking.Nestle agreed to withdraw the controversial product from stores.NoneMN, CTAZ, CT, MA, MN, NJ, NY, PA, TX, VT, WI311320
1297/12/20219/25/19971997Vacation BreakConsumer ProtectionMarketing and Advertising11$482,500 $482,500 Travel Arrangement and Reservation ServicesVacation Break mailed thousands of consumers across the country "certificates of entitlement" with language such as "pack your bags"or "you have been selected," implying that the recipient had won a free vacation. It also set up booths promoting a contest to win a free vacation. When consumers called the 800 number, they learned for the first time that the vacation was not free.The settlement also requires Vacation Break to disclose in its first solicitation to consumers all costs and fees and that consumers may be subject to sales presentations to purchase a time share during their vacation. Consumers who have purchased Vacation Break vacations which they have not yet taken and who decline Vacation Break's offer to extend the expiration of their vacation packages will be provided full refunds.NoneCT, IL, MA, MN, NM, NY, NC, TX, WA, WV, WI561510
1287/12/20219/12/19971997WinStar Gateway Network Inc.Consumer ProtectionConsumer Privacy and Data6$170,000 $170,000 TelecommunicationsWinStar was accused of offering consumers a chance to win cash prizes and then using the information on their sweepstakes form to enter change orders for their long-distance service.The company also agreed to reimburse any customers that file written complaints for all switching fees, and excess charges, and to refrain from the deceptive conduct in the future.NoneID, IL, NJ, TN, TX, WI517110
1277/12/20218/27/19971997StaplesConsumer ProtectionMarketing and Advertising15$180,000 $180,000 Retail TradeThe AGs alleged that some ads failed to adequately disclose that consumers had to fulfill crucial terms and conditions for so- called zero-interest plans. For example, a consumer could be charged interest from the date of purchase if he or she failed to make a required minimum payment or pay the full purchase price within the zero-interest period.Under the terms of the multi-state settlement, Staples and Office Depot agree to clarify their future ads and prominently disclose: that the full purchase price must be paid within the zero-interest period; the number and frequency of payments required during the zero-interest period; that if the required payment is not made or if the purchase price is not paid in full by the end of the zero- interest period, the consumer will be liable for payment of all interest accrued during that time, as well as the date from which the interest will be assessed; a minimum purchase, if any, that is required to obtain the interest; and any specific brands or products to which the offer is limited.NoneAZ, AR, CA, FL, IA, MA, NJ, NM, NY, NC, RI, TN, VT, WA, WI453210
1267/12/20218/19/19971997Bausch & Lomb, Inc.Consumer ProtectionMarketing and Advertising17$1,700,000 $1,700,000 Pharmaceutical and Medicine ManufacturingThe investigation involved the company's selling identical contact lenses under different names, with different usage directions, and at significantly different wholesale prices.As part of the agreement, Bausch & Lamb has agreed to discontinue its practice of selling a single contact lens under more than one name. The company is also required to make the same wearing recommendations for each lenses in all of its consumer labeling. and must make certain disclosures in its advertising. Finally, Bausch & Lomb is prohibited from representing that its advertising, marketing, or pricing practices are required, sanctioned or approved by the FDA.NoneAR, AZ, CA, CT, IL, MD, MA, MN, MO, NM, NY, NC, PA, TN, TX, VT, WI325412
1257/12/20217/23/19971997Hosiery Corporation of AmericaConsumer ProtectionMarketing and Advertising11$300,000 $300,000 Apparel ManufacturingThe claims settled include charges that several of the company's marketing practices violated state and federal laws, including their offer of one "free" pair of hosiery. By accepting the "free" pair, however, the customer was then obligated to receive two additional pairs which they could purchase or return at their own cost. If the consumer paid for those pairs, but did not notify the company to cancel future shipments, the company automatically sent four more pairs of hosiery.Without admitting wrongdoing, the company has agreed to disclose the conditions for receipt of the free hosiery offer and its "continuity plan" in a clear and conspicuous manner to avoid consumer confusion. The company must also disclose on its invoice whether payment will trigger additional shipments and the procedures for canceling the plan. These disclosures must be made either on the reply coupon or in a separate section of any advertisements, depending on the particular format being used. The company must also inform customers who take the "free" offer how to cancel orders for any additional merchandise, and must send a letter to newly referred customers on how to return any unordered items at company expense.NonePAFL, HI, ID, IL, IN, KS, OH, PA, TX, WA, WI315110
1247/12/20216/26/19971997ZenecaAntitrustPrice-Fixing; Resale Price Maintenance50$3,900,000 $3,900,000 Chemical ManufacturingStates sought an injunction and monetary damages from Zeneca, Inc. (Zeneca), alleging that the company conspired with distributors of its crop protection chemicals to maintain the resale price of the chemicals.The settlement prohibits the company from operating similar programs in the future.NoneOR, TX, WADC, AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, PR, TX, UT, VT, VA, WA, WV, WI, WY325320
1237/12/20216/13/19971997Medical Plus NetworkConsumer ProtectionMarketing and Advertising5$15,000 $15,000 Other/Non ClassifiedThe AGs charged that the company told consumers that, for the advance fee of $269, the consumers were highly likely to receive credit cards with low interest rates. The Federal Trade Commission's Telemarketing Sales Rule prohibits telemarketers who guarantee consumers a loan or a credit card to ask for money in advance.The agreement also prohibits them from violating state and federal laws in representing charges or their ability to obtain loans or credit for consumers. The judgment also requires Medical Plus to notify the states of any future change in address, employment status or any proposed change in the structure of any of its business entities.NoneMO, NY, NJ, PA, WI
1227/12/20216/4/19971997Sears, Roebuck, & Co.Consumer ProtectionDebt Collection Practices56$165,000,000 $165,000,000 Retail TradeThe states alleged that Sears used misleading tactics to convince debtors to agree to forego the benefits of the bankruptcy discharge and reaffirm debts they owed to Sears. They also alleged that, for at least 10 years, Sears consciously decided not to file massive numbers of these agreements with the bankruptcy court, as required by the Bankruptcy Code, to avoid the court's review of their terms. It continued, though, to collect payments from debtors after their discharge, while failing to inform them that the agreements were not legally enforceable.As a result of the settlement, Sears will: Reimburse consumers at least $125 million for payments they should not have been required to make, including interest, and release the affected consumers from further improper repayment obligations; pay $35 million in penalties to the states, as well as an additional $5 million to benefit consumer education; and Change its collection practices.FTCMAAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC, PR, MP, AS, GU, VI452110
1217/12/2021Champion Auto StoresConsumer ProtectionMarketing and Advertising4$20,000 $20,000 Retail TradeThe states alleged that ads for a recent promotion created the false impression that Champion was giving away a "grand prize" -- a 1970 Ford Mustang or $25,000 -- to at least one customer at each store that featured the promotion at a "grand opening" or other special sales event.The settlement prevents Champion from running any future deceptive or misleading prize promotions and requires the company to clearly and conspicuously disclose detailed information in any advertisement for a prize promotion.NoneIA, MN, ND, WI811111
1207/12/20215/12/19971997CIBA Vision CorporationAntitrustBoycott; Price-Fixing26$5,000,000 $5,000,000 Pharmaceutical and Medicine ManufacturingThe settlement resolves claims by the states, and by private parties, that contact lens makers and optometrists conspired to limit the availability of contact lenses.CIBA will also provide rebates and coupons to consumers who purchased certain contact lenses since 1988. CIBA also has agreed to continue recent changes in its lens distribution policy, which provides for a new channel of trade, including mail order firms, pharmacies and other stores that contract to act as authorized sellers of CIBA contact lenses.NoneNYAL, AZ, AR, CA, CT, DE, FL, ID, IL, IA, LA, MD, MA, MI, MN, MO, NV, NJ, NY, ND, OH, OR, PA, VA, WV, WI325412
1197/12/20214/22/19971997CargillAntitrustMerger Review7$0 $0 Mining, Quarrying, and Oil and Gas ExtractionThe U.S. and Plaintiff States sought to enjoin Akzo and Cargill, Inc. (Cargill) from consummating their merger, arguing that the merger would substantially reduce competition in the mining and sale of salt products.Cargill agreed to divest Retsof Stockpile, relevant evaporated salt assets and relevant bulk deicing assets. Akzo agreed to divest Hampton Corners Mine rights.DOJNY, OH, PAIL, IA, MO, NY, OH, PA, WI311612
1187/12/20213/27/19971997AST ResearchConsumer ProtectionMarketing and Advertising20$90,000 $90,000 Computer & Electronic Product ManufacturingThe Attorneys General alleged that computers returned with fewer than 10 hours of use registered on their internal clocks to AST, Research, Inc. were resold as brand new.The agreement requires AST to sell returned computers as new only of they come back to the company in unopened, factory sealed containers and show no signs of use.NoneAZ, CA, DE, IL, IN, KY, LA, MA, MI, NJ, NM, NY, OH, OR, PA, TX, VT, WV, AR, FL423430
1167/12/20212/12/19971997Jeff MulkeyAntitrustHorizontal Non-Price Restraint; Price-Fixing3$90,874 $90,874 AgricultureInvestigation by plaintiff states revealed that just prior to the 1995 crab fishing season, commercial crab fishermen attempted to arrive at a group consensus on an initial selling price for the crab they caught and sold to processors.Injunction prohibited defendants -From setting, fixing or stabilizing the price of commercial seafood, through force, threats, intimidation, etc. -From reducing, limiting or eliminating the supply of seafood, through force, threats, intimidation, etc. -From impeding, obstructing or preventing persons from processing, purchasing or selling seafood, through force, threats, intimidation, etc. -From compelling membership or participation in any organization or association.DOJORCA, OR, WA
1157/12/20212/12/19971997IDTConsumer ProtectionMarketing and Advertising6$250,000 $250,000 InformationIDT's ads stated that telephone calls to the service would be "always a local call" or "almost always a local call." In fact, many customers were given "local" dial-up numbers which could only be reached by a regional toll call.The agreement prohibits the company from continuing to misrepresent its rates and services in advertising, and it secures refunds for IDT customers who received unexpected long-distance charges or were charged after canceling their service.NoneMI, NY, IA, NJ, TN, TX517110
1147/12/20211/31/19971997American CyanamidAntitrustPrice-Fixing; Resale Price Maintenance52$7,300,000 $7,300,000 Pharmaceutical and Medicine ManufacturingThe Attorneys General had charged that American Cyanamid used dealer rebate programs to set minimum retail prices for crop protection chemicals, violating federal and state antitrust laws that make it illegal for a manufacturer and dealer to agree on the dealer's resale price of a product.The agreement restrains the company from conditioning any rebate on the resale price at which the dealer may offer for sale or sell any CPC. A portion of the settlement went to States to benefit their agricultural communities (distributed cy pres) and to reimburse investigative costs and attorneys fees.NoneMO, OR, WIAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC, PR325412
1137/12/20211/30/19971997America OnlineConsumer ProtectionUnauthorized Fees or Service Cancellation Issues40$0 $0 Internet Service Providers, Web Search Portals, & Data ProcessingThe states' scrutiny was prompted by customer complaints that followed the company's move in December to $ 19.95-a month flat-rate pricing plan, the office said. The new pricing led to a surge in demand that made it difficult for customers to dial into the service. The settlement evolved from a recent meeting in Chicago among 20 of the states and representatives from America Online.Major points of the agreement are: (1) For all of February, AOL will forego most print, television, and direct-mail advertising. Beyond that, if AOL chooses to advertise, it must clearly state that access problems and delays may occur when trying to use its service -- until the company can reasonably accommodate the usage requirements of current members. (2) Beginning immediately, customers will be able to cancel service by mail or fax (not just by calling), and an on-hold recording on the 800 line will provide the mailing address and fax number for cancellations. The company will also increase phone support so people who call the 800 number can receive a faster response. (3) Consumers who had difficulty accessing AOL in December or January may receive a refund based on their service plan and usage.NoneILAL, AK, AZ, AR, CA, CO, CT, FL, ID, IL, IN, IA, KS, KY, MD, MA, MI, MN, MS, MO, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, WA, WV, WI519130
1127/12/20211/18/19971997Circuit City Stores Inc.Consumer ProtectionMarketing and Advertising24$225,000 $225,000 Retail TradeThe investigation centered on allegedly misleading and deceptive "zero interest" advertisements.Under the agreement, Circuit City promised to change its advertising programs to prominently list all the terms and conditions that apply, including costs that consumers might have to pay according to different payment scenarios. Other disclosure rules were also adopted.NoneTXAZ, AR, CA, FL, GA, HI, IA, LA, MA, MN, MS, NJ, NM, NY, NC, RI, TN, TX, VT, VA, WA, WV, WI, DC443112
1117/12/202112/26/19961996Mazda Motor of AmericaConsumer ProtectionMarketing and Advertising18$857,500 $857,500 Motor Vehicle ManufacturingThe lawsuit alleged that Mazda lease ads prominently displayed misleading "zero down" and "penny down" claims, while burying important information about the actual up-front charges in unreadable fie print. In truth, consumers were required to pay approximately $900 in up-front fees, which included a $450 acquisition fee, along with a security deposit and the first month's payment.The agreement prevents Mazda from misrepresenting the amount of up-front costs, including the amount "down," the "down payment" or the "capitalized cost reduction." The company also agreed to comply with the federal "truth-in-leasing" regulations by disclosing all required lease terms in a clear and conspicuous manner.NoneMN, AZ, CA, CT, FL, HI, ID, IL, IA, KS, MD, MA, NJ, NY, OH, PA, TN, WA336111
1107/12/202112/5/19961996America OnlineConsumer ProtectionUnauthorized Fees or Service Cancellation Issues20$0 $0 Internet Service Providers, Web Search Portals, & Data ProcessingThe settlement follows complaints from subscribers that they were given insufficient notice when they were automatically switched last Sunday to a new plan costing $ 19.95 a month.Under the agreement, America OnLine must obtain the affirmative consent to the billing change from as many of its members as possible ( a "pop-up" screen will request that members either agree to the new plan or pick another billing option). In addition, the company must automatically provide retroactive refunds to all consumers who ask to switch back to their old plan prior to April 10, 1997. The agreement also requires AOL to provide a toll-free number (888-265-8888) to handle member inquires and complaints regarding the new flat-rate plan. Finally, AOL must notify its members of their rights and obligations under the new plan through the mail and online screens.NoneIL, FL, NY, TXNY, TX, AZ, AR, CA, CT, FL, HI, IL, IA, MA, MI, MN, NJ, OH, PA, TN, TX, VT, WI519130
1097/12/202111/27/19961996Compaq Computer Corp.Consumer ProtectionMarketing and Advertising22$132,000 $132,000 Computer & Electronic Product ManufacturingThe investigation centered on independent dealers who may deceptively market computers as new.Under the agreement, the Houston-based Compaq will restrict access to company packaging.NoneFL, ILIL, FL, AZ, AR, CA, CT, DE, IN, KY, LA, MA, MI, MO, NJ, NM, NY, OH, OR, PA, TX, VT, WV334111
1087/12/202111/21/19961996General MotorsConsumer ProtectionMarketing and Advertising21$1,000,000 $1,000,000 Motor Vehicle ManufacturingThe states expressed concerns that the companies' lease advertising falsely represented that consumers could lease vehicles for "zero down" or "nothing down."Under the terms of the agreement, when advertising a lease, manufacturers must: clearly and conspicuously reveal the total amount due at lease inception; not state any part of the payment more prominently than the total amount due at lease inception; and detail the following if any amount is stated: that the transaction is a lease, the total amount due at lease inception, that a security deposit is required, the number, amount and timing of scheduled payments, and that an extra charge may be imposed at the end of the lease where liability is based on the anticipated residual value of the vehicle.FTCAZ, MO, CA, CT, FL, HI, ID, IL, IN, IA, KS, MD, MA, NE, NV, NJ, NM, NY, PA, TN, WA336111
1077/12/202110/16/19961996McNeil Consumer Products Co.Consumer ProtectionMarketing and Advertising19$1,960,000 $1,960,000 Pharmaceutical and Medicine ManufacturingInvolved claims that advertisements for drugs carrying the Arthritis Foundation logo misled consumers into believing that the drugs were new medications created by the Arthritis Foundation and that buying the products would provide additional funding to help fund a cure for arthritis.The settlement prohibits the alleged misrepresentations in any future advertisements and provides for refunds to consumers upon request.NoneMNMN, AZ, CA, CT, FL, IL, KY, MD, MA, MO, NJ, NM, NY, NC, PA, TN, TX, VT, WI325412
1067/12/2021Success Tracks, Inc.Consumer ProtectionMarketing and Advertising3$0 $0 Other/Non ClassifiedThe allegations derive from Patton and Success Tracks newspaper advertisements touting their single session, hypnosis-based seminars for smoking cessation and weight loss. Patton and Success Tracks allegedly made unsubstantiated claims in their advertising about the efficacy of the seminars and the success consumers could expect in permanently losing substantial amounts of weight and permanently stopping smoking by attending one of the advertised hypnosis seminars.NoneMN, AZ, TX
1057/12/2021National Accounts, Inc.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues7$465,000 $465,000 TelecommunicationsInvolved allegations that the company misrepresented itself to consumers as being At&T and switched some consumers' long-distance service to National Accounts without the consumer's approval.Although denying any wrongdoing, National Accounts agreed to a court-ordered injunction requiring it to change its business practices to ensure that there would be no future misrepresentations or unauthorized switching of consumers' long distance service providers.NoneID, AR, IL, MI, NJ, TN, WI541860
1047/12/2021Communications Telesystems InternationalConsumer ProtectionUnauthorized Fees or Service Cancellation Issues4$380,000 $380,000 TelecommunicationsInvolved allegations that the company targeted Hispanic and Vietnamese consumers and changed their long-distance phone service without authorization.The consent judgment requires CTS/WorldxChange to make certain specific disclosures to consumers in its telephone solicitations, prohibits the company from selling residential 800 numbers service or calling cards in telephone solicitations it initiates, and requires the company to send a letter in English and the customer's preferred language containing detailed information about how the consumer can prevent his or her long distance service from being changed.NoneAZ, IL, NM, TX517110
1037/12/20219/16/19961996Best BuyConsumer ProtectionMarketing and Advertising12$925,000 $925,000 Retail TradeThe investigations centered on the retailers' advertisements regarding the terms of no interest financing options.The settlement reforms the way they advertise "zero percent" or "no interest" purchase programs. Under the agreement, the retailers have agreed to make it clear in advertisements that consumers are required to make minimum payments covering the purchase price of the product during the timeframe set by the financing contracts. The retailers also must inform consumers that if they do not meet minimum payments when due, they are liable for interest accrued from the purchase date.NoneTXTX, AR, CA, FL, IA, MA, NJ, NM, TN, VT, WA, WI443112
1027/12/20219/6/19961996Packard BellConsumer ProtectionMarketing and Advertising21$1,540,000 $1,540,000 Computer & Electronic Product ManufacturingInvolved allegations that it sold computers as new when they actually contained parts from previously sold computers.The company will place prominent disclosures on the cartons of all computers and monitors it sells as new but which may contain components from previously sold computers. The company must also provide notice outlining the practice for display wherever they sell the computers, including retail, electronic, and computer stores.NoneIL, FLFL, IL, AZ, AR, CA, CT, DE, KY, LA, MA, MI, MO, NJ, NM, NY, OH, OR, PA, TX, VT, WV334111
1017/12/2021American Plastics CouncilConsumer ProtectionMarketing and Advertising11$110,000 $110,000 Business AssociationsThe Attorneys General had concerns about an APC advertising campaign that made misleading claims regarding the recycling rates of plastics and implied that all types of plastics were easily recyclable by consumers.Under the settlement, the APC has agreed to refrain from making certain claims in its advertising.NoneCA, FL, MA, MN, MO, NY, PA, TN, TX, WA, WI813910
1007/12/20218/30/19961996USA Waste ServicesAntitrustMerger Review2$0 $0 Waste Management & Remediation ServicesThe U.S. Department of Justice and the Plaintiff States sought to enjoin the merger between USA Waste Services, Inc. (USA Waste) and Sanifill, Inc. (Sanifill), alleging that the merger would substantially reduce competition in the waste hauling industry.The parties agreed to settlement terms in which Sanifill and USA Waste divested certain assets, namely the Houston Assets, the Sunray Assets and the Airspace Assets. Further, the Defendant companies agreed to dispose of municipal waste at a certain landfill over a ten year period and they were required to modify the terms of their contracts with customers to ensure future competition.DOJPA, TXPA, TX562111
997/12/20218/16/19961996Equinox International Corp.Consumer ProtectionMarketing and Advertising14$455,000 $455,000 Professional, Scientific, & Technical ServicesThe allegations concerned Equinox's unsubstantiated claims of success in its advertising to distributors.As part of the settlement, both companies may not represent the capability of participants to make a profit without disclosing that not all people make money and that there is no guarantee of success as a participant. The companies may not misrepresent the profits a person may reasonably expect to earn. The company also may not represent the opportunity to participate in the program as employment, or as a salaried position with guaranteed income. The settlement also included other requirements.NoneTX, FLFL, TX, AL, IL, MI, MO, NE, NV, NM, ND, OH, PA, WA, WI
987/12/20217/30/19961996Telebrands, Inc.Consumer ProtectionMarketing and Advertising17$515,000 $515,000 Advertising and Related ServicesTelebrands had falsely claimed in advertisements that their product, Whisper XL had extraordinary capabilities. The advertisements also claimed that the product would also allow users to hear a whisper up to 100 feet away and "hear birds like you've never heard them before, and hear deer coming before they hear you." The company also falsely promised that its product was a breakthrough in sound interception and amplification technology.The settlement prohibits the company from selling this or similar hearing aids, or making advertising claims about any device's performance without the approval of the U.S. Food and Drug Administration (FDA). In addition, consumers who return the device to the company will be entitled to a refund or who have written proof of purchase stating they purchased the device. Consumers who no longer have the device or any proof of payment may submit signed statements as evidence of payment.FDA; FTCMN, TXAZ, CA, CT, FL, IL, MD, MA, MN, MO, NJ, NM, NY, NC, PA, TX, VT, WI454113
977/12/20217/17/19961996A.G. Edwards & Sons, Inc.AntitrustPrice-Fixing3$1,027,000,000 $0 Finance & InsuranceThe lawsuit alleged that the defendant financial investment companies conspired to increase and fix the spreads paid for sales of class securities. The Plaintiff States focus was to ensure that individual investors and public pension funds were fairly represented in the litigation and settlement.The Plaintiff States worked with the private class action counsel and entered a settlement agreement in which the Defendant financial investment companies agreed to a permanent injunction.DOJCA, FL, WACA, FL, WA523120
967/12/20217/17/19961996Nutrition for Life International Inc.Consumer ProtectionMarketing and Advertising8$185,000 $185,000 Other/Non ClassifiedThe initial suit alleged that Trudeau attempted to entice individuals to attend recruitment meetings where they were asked to purchase memberships in an "Instant Executive Program," which required participants to buy $1,000 worth of products, a $35 start-up kit, and $135 worth of products each month.The program allegedly promised substantial commissions if others were recruited.Because the plan focused mostly on the recruitment of new members rather than on the sale of products, the Attorneys General considered the marketing program an illegal pyramid scheme.The company also agreed to eliminate the "instant executive" program, under which participants bought a $ 35 kit and $ 1,000 in products, plus an additional $ 135 of goods each month. Base compensation primarily on retail sales, not recruitment. Disclose distributor earnings, so potential sellers can make an informed decision about whether they want to participate. The company will maintain a site on the Internet's World Wide Web detailing this and other disclosures.NoneILIL, HI, ID, KY, NJ, MI, MO, PA
957/12/20217/15/19961996Koninklijke Ahold NVAntitrustMerger Review3$136,711 $136,711 Food & Beverage StoresThe Federal Trade Commission (FTC) and the Plaintiff States sought to enjoin Ahold's acquisition of The Stop & Shop Companies Inc. (Stop & Shop), alleging that the merger would substantially lessen competition within the supermarket industry.Agreed to settlement terms by which Ahold agreed to divest 30 supermarkets in 14 communities.FTCCTCT, MA, RI445110
947/12/20216/26/19961996Levitz Furniture Corp.Consumer ProtectionMarketing and Advertising8$1,200,000 $1,200,000 Furniture & Related Product ManufacturingInvolved allegations that the company misled consumers with phony claims of price savings on its merchandise.The settlement includes the following standards to ensure that future discounts advertised by Levitz represent legitimate savings from its actual regular prices; Levitz may not quote a "regular price" for an item unless it was Levitz's "bona fide" price more than 60 percent of the time; Levitz may not claim that items are on sale unless Levitz is offering a meaningful reduction from units regular prices; Levitz may not falsely suggest that, to take advantage of a price, consumers must act within certain time; Levitz must disclose a beginning and ending date whenever it advertises a sale.NoneMO, MD, AZ, CA, CT, PA, TX, WA442110
937/12/20216/19/19961996Thomson Corp.AntitrustMerger Review7$0 $0 Publishing IndustriesThe complaint cited two types of consumer harm that could result from the transaction as originally proposed. First, there would be reduced competition in markets in which West and Thomson directly compete, including state codes and federal and state case law where West and Thomson are the only publishers of enhanced codes or case law reporters. Second, the acquisition would likely reduce competition in the provision of online legal research services because Thomson would have less incentive to provide products to Lexis-Nexis, the sole competitor of Westlaw, an online legal research service that would be owned by Thomson.The proposed settlement would allow the $3.4 billion merger of The Thomson Corp. and West Publishing Co., two of the nation's largest publishers of law books and legal research materials. Under the terms of the settlement, Thomson must sell more than 50 legal publications valued at $250 million and must issue licenses to West's page numbering system.DOJCACA, CT, IL, MA, NY, WA, WI519130
927/12/20214/4/19961996Zygon International, Inc.Consumer ProtectionMarketing and Advertising4$320,000 $320,000 Other/Non ClassifiedThe lawsuit alleges that The Learning Machine's claim that it creates an altered "mental state" is misleading in that it fails to disclose that the device may actually induce seizures in individuals who cannot know if they are susceptible. The lawsuits also allege that the defendant failed to disclose that use of The Learning Machine has not been demonstrated to cause users to experience any of its alleged benefits.Zygon admitted no wrongdoing by agreeing to settle the case, but has promised to substantiate future claims about its products.FTCIL, PA, TX, WA
917/12/20212/25/19961996Louisiana-Pacific CorpConsumer ProtectionMarketing and Advertising2$1,860,000 $1,855,000 Veneer, Plywood, and Engineered Wood Product ManufacturingInvolved allegations that the company made misleading claims about the durability of its siding.The settlement also restricts L-P from, among other things, representing that its house siding is suitable for exterior use unless L-P can prove its claims about the siding's capacities.NoneOR, WAOR, WA321210
907/12/20211/10/19961996National Holdings, Inc.AntitrustMerger Review2$80,000 $80,000 Food & Beverage StoresThe governments charged that the firm's acquisition of supermarkets owned by National Holdings, Inc. would violate federal antitrust law and potentially lead to anticompetitive pricing and other conduct that could hurt supermarket customers.Subsequent settlements were reached by the FTC and the States resolving those concerns and making certain properties more marketable for divestiture or subleases.FTCMOMO , IL445110
897/12/202110/25/19951995MerckConsumer ProtectionMarketing and Advertising17$1,960,000 $1,960,000 Pharmaceutical and Medicine ManufacturingThe states allege that medical information obtained by Medco was used to try to convince doctors to switch patients to Merck products, and that their failure to disclose important information to prescribing physicians and consumers violated state consumer laws.Under the settlement, Merck and Medco have agreed to disclose to consumers' doctors that the pharmacist is calling on behalf of Medco or its subsidiary and the pharmacy is owned by Merck. They must also disclose the name of the manufacturer of the drug the Medco pharmacist is recommending, including Merck. The companies are also required to be prepared to substantiate and honor claims of cost-savings resulting from the switched prescription. The agreement also requires consumers to be advised of thier rights, and must advise consumers about the extent to which confidential information in Medco's consumer files will remain confidential.NoneMNMN, AZ, CA, CT, FL, IL, IA, MD, MA, MO, NM, NY, NC, PA, TX, VT, WI325412
887/12/20216/1/19951995Western Express Service CompanyConsumer ProtectionMarketing and Advertising9$150,000 $150,000 Other/Non ClassifiedThe Attorneys General alleged that Knievel, son of former celebrity stuntman Evel Knievel, targeted senior citizens through unsolicited, high-pressure phone calls.Knievel agreed to cease making his calls.NoneKY, WA, MI, WV, OH, TX, MO, PA, AZ
877/12/20215/4/19951995Reebok International Ltd.AntitrustPrice-Fixing; Resale Price Maintenance53$9,500,000 $9,500,000 Apparel ManufacturingThe complaint alleged that in January of 1993, Reebok, the nation's second largest seller of athletic footwear, conspired with shoe dealers to set minimum retail prices for its Reebok and Rockport brand products. Retailers who did not agree with the pricing policy were suspended from selling Reebok products and were only reinstated upon written agreement to abide by the policy.Reebok and Rockport were enjoined from entering any agreements to fix prices and were ordered to disclose to all dealers that they were free to determine the prices at which they could advertise and sell Defendants products. Reebok and Rockport were also ordered to pay to the States the total sum of $9.5 million. Of the total settlement, $8 million of the settlement sum was distributed cy pres to the Plaintiff States for women's programs.FTCNYDC, PR, VI, AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY316210
867/12/20211/31/19951995Copper Range Co.EnvironmentWater Pollution Control2$205,000,000 $3,000,000 Mining, Quarrying, and Oil and Gas ExtractionAccording to Wisconsin's complaint, the smelter emits toxic substances that deposit into lake Superior and contaminate the water with arsenic, mercury, copper, lead, cadmium, and nickel.Copper Range will install a $ 200 million smelter expected to reduce emissions of mercury and other toxins. It also will pay $ 1.8 million in civil penalties and $ 3 million to restore damaged habitat, educate children on environmental issues and monitor mercury pollution in the Lake Superior basin.EPA; DOJWI, MI212234
857/12/202112/1/19941994Browning-Ferris IndustriesAntitrustMerger Review2$100,000 $100,000 Waste Management & Remediation ServicesPlaintiff States sought an injunction alleging that the merger between Browning-Ferris Industries, Inc. (BFI) and Attwoods PLC (Attwoods) would substantially reduce competition in the solid waste hauling market.Agreed to shorten its contracts with small container customers to make it easier for potential competitors to gain access to the market in certain geographic areas.DOJFL, MDFL, MD562111
847/12/202110/11/19941994Alaska AirlinesAntitrustPrice-Fixing56$41,750,000 $41,750,000 Air TransportationPlaintiff States filed a complaint against a group of airlines who were alleged to have used a jointly-owned airline data collection agency (Airline Tariff Publishing Company) between 1998 and 1992 to negotiate and fix prices. This allowed airline defendants to raise prices and eliminate discounts without the risk of losing market share.Settlement provides for discounted ticket prices for state and local government agency air travel reached between Plaintiff States and certain airlines over price-fixing scheme.NoneFL, NY, OHDC, PR, VI, AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, GU, MP, AS481111
837/12/202110/6/19941994Hartford Fire Insurance Co.AntitrustHorizontal Non-Price Restraint; Vertical Non-Price Restraint19$36,000,000 $36,000,000 Finance & InsuranceThe states filed a lawsuit which alleged that U.S. and foreign insurance companies conspired to limit the availability and affordability of public liability insurance. As a result, the states claimed, municipal facilities such as parks, playgrounds, and other recreational centers were unable to obtain commercial liability coverage and thus had to close or self-insure at great expense.The defendant insurers agreed to a 5 year injunction and a settlement sum of $36 million. Of the settlement, $21 million was used to create the Public Entity Risk Institute, a nonprofit organization dedicated to providing training, education, and technical services to public entity risk pools, self-insureds, policyholders and small business groups. Another $5.2 million was used to fund a public entity risk database, providing information for better risk management decisions.NoneCA, MD, NYAL, AK, AZ, CA, CO, CT, FL, LA, MD, MA, MI, MN, MT, NJ, NY, OH, PA, WA, WI524126
827/12/20219/9/19941994Pre-Paid Legal Services Inc.Consumer ProtectionMarketing and Advertising21$100,000 $100,000 Professional, Scientific, & Technical ServicesThe states alleged that the living trusts were sold by non-attorneys who used high pressure sales tactics and who misrepresented the advantages of trusts over wills.Under the Assurance of Voluntary Compliance, Pre-Paid will refund the portion of AASC membership fees it received for each consumer in the twenty-one states that participated in the settlement, who purchased an AASC membership and has not already received a refund from AASC. The Assurance also required that Pre-Paid not misrepresent the advantages risks or consequences of living trusts, not sell living trusts through non-attorneys and not provide a will or trusts for any individual unless the individual has an opportunity for a face-to-face consultation with an attorney.NoneID, MN, NY, TXID, MN, NY, TX, AZ, AR, CO, CT, FL, IL, KS, KY, MA, MO, NM, NC, OH, UT, VT, WA, WI
817/12/20218/25/19941994Publishers Clearing HouseConsumer ProtectionMarketing and Advertising14$490,000 $490,000 Nonstore RetailersThe Attorneys General alleged that these sweepstakes often are designed to make recipients believe they are on the verge of winning, even though millions of consumers have the same chance of winning. Moreover, consumers often believe they must buy magazines or other products to be eligible to enter future contests.Under the agreement, use of the terms "finalist," "tied," "tie breaker" and other terms must be more clearly defined and PCH must reveal the average entrant's odds of winning each prize offered in the sweepstakes.NoneMNMN, CA, MO, NY, TX, AZ, CT, FL, ID, IL, KY, NM, TN, WI541860
807/12/20218/4/19941994Sara LeeConsumer ProtectionMarketing and Advertising13$130,000 $130,000 Food ManufacturingThe Attorneys General alleged that advertisements for Lite Smoked Sausage, Lite Cheddarwurst, Lite Fresh Bratwurst, and Light and Mild Wieners used the terms "Lite" in a manner that created the impression that the products were low in fat, when they were not.The settlement requires Sara Lee to disclose the percentage of fat reduction for these sausage products whenever it describes them as "Lite." It also prohibits them from making "percent fat free" claims unless the products are changed to meet the criteria for low fat products as "health" or "good for you."NoneCA, CT, FL, IL, IA, MA, MN, MO, NY, PA, TX, VT, WI311612
797/12/20217/29/19941994Upjohn CompanyConsumer ProtectionConsumer Protection Other8$675,000 $675,000 Pharmaceutical and Medicine ManufacturingThe states alleged that to promote Glynase, Upjohn solicited thousands of pharmacists nationwide to encourage consumers and their doctors to switch prescriptions from Micronase and other diabetes drugs to Upjohn's newer drug. Upjohn paid pharmacists for each drug switch achieved.Under the settlement, Upjohn: is barred from ever resuming the Glynase pharmacist payment programs; must disclose in all advertising that promotes switching to Glynase important information about potential health risks and increased costs; cannot make unsubstantiated advertising claims about the superiority or cost savings of Glynase; must report back to the states to ensure compliance.NoneMNMN, AZ, IA, MO, NY, NC, TX, WI325412
787/12/20214/6/19941994Dahlberg Inc.Consumer ProtectionMarketing and Advertising24$700,000 $700,000 Computer & Electronic Product ManufacturingDahlberg allegedly made misleading claims to consumers about the features or performance of its products and lacked test results proving claims about products incorporating the "clarifier" circuitry.The agreement prohibits Dahlberg from misrepresenting that a hearing aid can improve speech recognition and intelligibility in noisy environments. The settlement also prevents the company from advertising that the mechanism enables the wearer to distinguish speech from other sounds or to focus on certain sounds.NoneNY, MN, TXNY, MN, TX, AR, CO, CT, DE, IN, MD, MI, MS, MO, NE, NV, NH, ND, OH, OK, RI, SD, TN, VA, WA, WY339112
777/12/20214/5/19941994Miles Pharmaceutical, Inc.Consumer ProtectionMarketing and Advertising11$605,000 $605,000 Pharmaceutical and Medicine ManufacturingAccording to the Attorneys General, in June 1993, Miles originally offered to pay pharmacists to switch consumers to the Miles drug and away from the drug of their only competitor.Under the settlement, the company will also stop using improperly obtained consumer information and will remove such information from its records.NoneMNMN, AZ, CT, IL, MA, MO, NM, NY, NC, TX, WI325412
767/12/20212/9/19941994CP IndustriesConsumer ProtectionMarketing and Advertising10$250,000 $250,000 Other/Non ClassifiedThe Attorneys General said the company misled consumers by claiming that SNO N ICE was an environmentally safe, proven alternative to ordinary rock salt.CP agreed to stop all misleading claims about the product's environmental benefits.NoneCA, CT, MA, MN, MO, NY, TN, TX, WA, WI325998
757/12/202111/17/19931993Sylvania Inc.Consumer ProtectionMarketing and Advertising24$135,000 $135,000 Computer & Electronic Product ManufacturingThe investigation focused on the marketing for light bulbs that allegedly do not provide the same amount of light the firm claims they are intended to replace.The firm is prohibited from: Representing that its bulbs save energy, provide the same amount of light, lower consumers' energy costs, or offer environmental benefits, unless the company has scientific evidence; Claiming a bulb will provide the same amount of light as a bulb to which it is compared; Misrepresenting the wattage of its bulbs through packaging, advertising and other promotional materials.NoneFL, MA, MN, NY, TN, TX, WA, WIWA, FL, MA, MN, MO, NY, TN, TX, WI, AL, AZ, AR, CT, ME, MI, NV, NJ, NM, NC, PA, RI, SD, VA, WV335110
747/12/202111/15/19931993Carpet and Rug InstituteConsumer ProtectionDefective or Unsafe Products4$0 $0 Business AssociationsThe AGs had reported that they and federal agencies have received over 800 complaints from people who have suffered adverse reactions after having carpets installed in their homes. Symptoms experienced included respiratory difficulties, burning eyes, headaches, nausea, rashes, and the development of immune system disorders.Under the agreement, the Carpet and Rug Institute (CRI) will produce warning labels that will be displayed on the back of carpet samples and featured in owners manuals. CRI also will produce a brochure containing information on carpet safety, including guidelines for proper installation and removal.NoneNYNY, VT, CT, OR813910
737/12/202110/13/19931993First InvestorsConsumer ProtectionMarketing and Advertising5$7,500,000 $7,500,000 Finance & InsuranceState law enforcement officials accused First Investors of using aggressive sales tactics in the 1980s to misled unsophisticated investors into believing that their junk-bond funds were as safe as a certificate of deposit.Under the settlement, First Investors will be permanently barred from using deceptive sales tactics in the future. In addition, First Investors must take wide-ranging measures to improve its selling procedures, disclosures to customers and supervisory procedures. First Investors' compliance with the settlement will be monitored by independent lawyers and accountants.NoneMAME, MA, NY, VA, WA523930
727/12/20219/28/19931993Keds Corp.AntitrustPrice-Fixing; Resale Price Maintenance51$7,200,000 $7,200,000 Apparel ManufacturingPlaintiff States sought damages and injunctive relief, alleging that Keds Corporation (Keds) conspired with its dealers to set minimum retail prices for which the dealers could sell their products.Each state Attorney General will designate which charity will receive that State's portion of the settlement amount based on the State's percentage of the total U.S. population.FTCNYDC, AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY316210
717/12/20219/8/19931993Lederle LaboratoriesConsumer ProtectionConsumer Protection Other5$50,000 $50,000 Pharmaceutical and Medicine ManufacturingThe states alleged that Lederle was paying secret bonuses to pharmacists who fill prescriptions for its nicotine patches.Under the agreement with five states, Lederle Laboratories may provide bonuses only if participating pharmacists tell customers about the bonuses and give written notices.NoneIA, MN, MO, NM, NC325412
707/12/20218/18/19931993Nautilus Motor TankerEnvironmentWater Pollution Control2$4,000,000 $3,300,000 Other/Non ClassifiedThis case arose following an oil spill off the coast of NY and NJ.NOAANYNY, NJ
697/12/20217/1/19931993Sandoz PharmaceuticalsConsumer ProtectionMarketing and Advertising33$800,000 $800,000 Pharmaceutical and Medicine ManufacturingThe company had allegedly claimed that its Triaminic Cough Syrup was "new and improved" when all consumers were allegedly being required to do was take twice the dosage from the same size bottle.Sandoz has agreed not to claim that its cough or cold medicine is "new" or "improved" unless it can prove through reliable scientific evidence that the product is more medically effective. The pharmaceutical company has also agreed to provide retailers with dosing statement stickers to place on packages for older products still in stock. Additionally, the firm will disclose any future dosage changes on the front of the product and in all advertisements. Any consumer who complains about Triaminic will receive from Sandoz either a coupon for a free bottle or a full refund.NoneNYNY, AZ, CA, IL, MA, MN, NJ, TN, TX, WI, AR, CT, DE, FL, ID, KY, ME, MI, MS, MT, ND, NC, OH, OK, OR, NV, PA, RI, UT, WA, WV, VT, VA325412
687/12/20216/17/19931993Unarco Industries Inc.Consumer ProtectionDefective or Unsafe Products2$0 $0 Miscellaneous ManufacturingThe investigation arose from a study by the U.S. Consumer Product Safety Commission, which found that falls from shopping carts are among the leading causes of head and facial injuries to young children.Consumers will now be warned that their children should wear the seat belt and should not be in the basket or ride elsewhere on the shopping cart. Consumers will also be warned that they should not leave children unattended in the shopping cart.NoneTX, NYTX, NY332618
677/12/20216/10/19931993Marion Merrill Dow, Inc.Consumer ProtectionMarketing and Advertising12$600,000 $600,000 Pharmaceutical and Medicine ManufacturingThe Attorneys General had alleged that Marion Merrill Dow violated state consumer protection laws prohibiting false advertising and deceptive trade practices by failing to warn consumers adequately about potential health risks certain consumers may face in using Seldane or Seldane-D.As part of the settlement, Marion Merrill Dow agreed to place a boxed warning in all consumer advertisements cautioning consumers not to take Seldane or Seldane-D with some cold medications or antibiotics, or if the consumer has liver disease, or in greater dosages than prescribed by the consumer's doctor. Under the settlement, Marion Merrill Dow must also disclose significant facts about its nicotine patch, Nicoderm.NoneMNMN, AZ, CA, IL, IA, MA, MO, NM, NY, NC, TX, WI325412
667/12/20216/9/19931993Primestar Partners, L.P.AntitrustMonopolization38$4,800,000 $4,800,000 BroadcastingThe Attorneys General alleged that the defendant cable companies violated state and federal antitrust laws by conspiring to monopolize and restrain trade through their control of programming and its distribution. Specifically, the lawsuit alleged that cable operators coerced program producers to scramble their signals so that cable competitors, such as direct broadcast satellite services (DBS), could not receive the signals carrying the programming and pass the programming along to their DBS customers.Defendants entered into a settlement providing for monetary damages and enjoining them from engaging in anti-competitive behavior, entering into most exclusive contracts and from taking any retaliatory action against programmers for providing programming to competing cable or satellite providers.NoneNY, PA, MD, OH, TX, CA, MAAL, AZ, AR, CA, CO, CT, DE, FL, ID, IL, IN, IA, KS, KY, LA, MD, MA, MI, MN, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, SD, TN, UT, VT, VA, WA, WI515210
657/12/20214/29/19931993Nature's Way ProductsConsumer ProtectionMarketing and Advertising11$132,000 $132,000 Pharmaceutical and Medicine ManufacturingThe litigation arose because the Food and Drug Administration has banned guar gum in over-the-counter weight control products because its effectiveness for weight control has not been demonstrated and because it poses a significant health risk to consumers.The agreement bars them from selling, distributing, or advertising products containing guar gum as a dietary aid.NoneAZ, CA, IA, MN, MO, NM, NY, NC, PA, TX, WI325412
647/12/20214/19/19931993National Safety AssociatesConsumer ProtectionMarketing and Advertising10$400,000 $400,000 Advertising and Related ServicesThe Attorneys General alleged that NSA had deceptively enticed individuals into making huge, up-front product purchases when signing them up as distributors of the firm's filters.NSA also agreed to control product stockpiling and strictly limit claims about potential earnings, ease of sales and product performance when recruiting new distributors. NSA further agreed to refrain from deceptive claims of government approval and to require groups of distributors, commonly known as cooperatives, to be registered and regulated.NoneFL, CT, IL, KY, MI, OR, PA, TN, TX, VT
637/12/20213/29/19931993Circle K CorpEnvironmentEnvironmental Bankruptcy31$30,000,000 $30,000,000 Retail TradeInvolved environmental liabilities for potential contamination from underground storage tanks at nearly 1,100 convenience stores/gasoline stations that Circle K was operating at the time of the bankruptcy, as well as over 1,200 additional locations which it had operated at various times prior to the bankruptcy.The settlement will resolve Circle K's environmental liabilities for potential contamination from underground storage tanks at nearly 1,100 convenience stores/gasoline stations that Circle K was operating at the time of the bankruptcy, as well as over 1,200 additional locations which it had operated at various times prior to the bankruptcy.DOJ; EPAAZAZ, CA, CO, CT, FL, GA, HI, ID, IN, KY, LA, ME, MS, MA, MO, MT, NC, NM, NH, OH, OK, OR, SC, TN, TX, UT, VA, WA, WV, AL, AR445120
627/12/20213/18/19931993Keyes Fibre Co.Consumer ProtectionMarketing and Advertising10$100,000 $100,000 Wood and Paper ManufacturingKeyes Fibre's advertising and packaging claimed that its tableware is "100% BIODEGRADABLE," and "offers a viable solution to today's methods of solid waste disposal." The Attorneys General allege that these claims are misleading since Chinet tableware does not degrade and provides no other environmental benefit when buried in a landfill.Under the agreement, Keyes Fibre is prohibited from making degradability claims for its Chinet tableware or any other paper products that are customarily disposed of in landfills. The agreement also prohibits claims that Chinet or any other paper products that hold food are "recyclable." Advertising claims that Keyes Fibre's products are "compostable" would only be permitted under one of the following conditions: (a) facilities exist for composting in every location where the claim is made; or (b) the claim contains a conspicuous disclosure that composting facilities are generally unavailable in the United States; or (c) if composting facilities are available in a significant number of communities in a state, but not in all communities, then the company must provide a 1-800 number for consumers to call for information about composting facilities.NoneNYMN, NY, CA, FL, MA, MO, TN, TX, WA, WI423310
617/12/20213/15/19931993CIBA-Geigy Corp.Consumer ProtectionMarketing and Advertising11$550,000 $550,000 Pharmaceutical and Medicine ManufacturingThe Attorneys General alleged that in its advertisements for the prescription drug Habitrol, CIBA-Geigy violated state consumer protection laws prohibiting false advertising and deceptive trade practices by failing to disclose important information about the effectiveness and potential risks of the drug.Under the settlement, CIBA-Geigy Corporation may not claim in its consumer advertisements that Habitrol alone will help people quit smoking. The settlement requires CIBA-Geigy to disclose significant facts about its nicotine patch in direct-to- consumer advertisements and in a written disclosure statement.NoneMNMN, CA, AZ, IL, IA, MA, MO, NM, NY, NC, TX325412
607/12/20212/8/19931993Fleet/Norstar Financial GroupConsumer ProtectionConsumer Protection Lending Practices26$150,000,000 $150,000,000 Finance & InsuranceThe Attorneys General alleged that Fleet violated the federal Real Estate Settlement Procedure Act (RESPA) by requiring excess money to be held in homeowners' mortgage accounts.Under terms of the agreement, the Fleet Mortgage Group subsidiaries will change certain escrow analysis procedures over the next twelve months. The companies are presently using an individual item analysis method, in which escrow amounts are calculated separately for each tax or insurance obligation to be paid out of the escrow account. The companies will begin using an aggregate (composite) method, in which escrow amounts are based on the total amount of bills to be paid over the course of the year. The companies will perform a trial running balance projection to insure that the projected balance in the escrow account falls to an allowable level under the Real Estate Settlement Procedures Act (RESPA) and the mortgage contracts.NoneNY, TX, AL, AZ, AR, CA, CT, DE, FL, ID, IL, IA, ME, MD, MA, MN, NV, NJ, NM, NC, OR, PA, TN, VT, WA, WI522310
597/12/20211/12/19931993ChevronAntitrustPrice-Fixing4$65,600,000 $65,600,000 Petroleum & Coal Products ManufacturingThe lawsuit, brought in 1977 by Washington and two years earlier by Oregon, California and Arizona, originally charged seven major oil companies with systematic Price-Fixing and unwarranted gasoline price increases during the gas shortages in the 1970s.The $77 million settlement consists of $65.5 million in cash and $11.5 million in vouchers or coupons that businesses and nonprofit organizations will be able to redeem for gasoline.NoneCA, AZ, ORCA, WA, OR, AZ324110
587/12/202112/18/19921992Better Health, Inc.Consumer ProtectionMarketing and Advertising2$3,000 $3,000 Pharmaceutical and Medicine ManufacturingAGs alleged that the company's product, which was sold over- the-counter at pharmacies, was not proven to be safe and effective in producing weight loss. According to the Attorneys General, the company falsely advertised in newspapers, claiming that the pills would inhibit sugar absorption and would reduce weight without dieting and without giving up favorite foods.The settlement required the recall of the weight-loss pill.NoneMN, WIMN, WI325412
577/12/202112/1/19921992Uniroyal Technology Corp.EnvironmentEnvironment Other2$29,000,000 $0 Plastics & Rubber Products ManufacturingThe federal government and the states had charged Uniroyal with various claims under CERCLA.The settlement required Uniroyal to provide the governments $29 million worth of stock in Uniroyal Technology Corporation as settlement for claims under CERCLA.EPAIA, WI326212
567/12/202111/13/19921992Pacesetter Seminars of AmericaConsumer ProtectionMarketing and Advertising13$50,000 $0 Other/Non ClassifiedInvolved allegedly false claims regarding the product's fuel savings and emissions reduction in motor vehicles. Tests of cars at the Automotive Testing Laboratories, Inc., in Ohio disclosed that there was no improvement in emissions reduction or gas savings by use of the Vitalizer.Pacesetter agreed to discontinue operations in the thirteen states, and pay $50,000 for the tests indicating that the product did not work as advertised.NoneOROR
557/12/202111/9/19921992General Electric Co.Consumer ProtectionMarketing and Advertising32$165,000 $165,000 Machinery ManufacturingThe states alleged that the marketing of G.E.'s ''Energy Choice'' line of incandescent light bulbs misled consumers into believing they could get the same amount of light with less electricity.Under the settlement, GE must disclose in clear terms the actual wattage of the bulbs and is prevented from misrepresenting the natural resource savings and pollution reduction caused by their use.NoneNY, CA, TNAL, AZ, CA, CT, DE, FL, GA, HI, ID, IN, IA, KS, LA, MA, MI, MN, MS, MO, NV, NM, NY, NC, OK, OH, OR, PA, RI, TN, TX, WA, WI, WV335110
547/12/202110/26/19921992Trans UnionConsumer ProtectionConsumer Privacy and Data17$220,000 $220,000 Credit BureausSeveral states had been examining credit reporting industry practices in response to complaints from consumers who say they've found inaccurate information on their credit reports and have had difficulty getting the reports corrected.Under terms of the settlement, Trans Union agreed to: Provide a toll-free telephone number to give consumers access to Trans Union consumer assistance personnel; Complete investigation of consumer disputes within 30 days and provide consumers with corrected versions of their credit reports; Change disputed items or information if consumers provide reliable documentation confirming the information is incomplete or inaccurate; Check public record information when it is disputed by consumers to verify the information is accurate and up to date; Furnish consumers with their credit reports within four days of receiving a request; Make clear and conspicuous disclosure of consumers' rights to dispute information in their credit reports; Undertake consumer research to determine whether the format of Trans Union's consumer credit reports can be made easier to read and understand; Institute procedures to ensure all credit information on a consumer is combined into a single file.NoneAL, AR, CA, CT, FL, ID, IL, MI, MO, NV, NH, NM, NY, OH, PA, TX, WA561450
537/12/202110/8/19921992S&B International CorpConsumer ProtectionMarketing and Advertising11$33,000 $33,000 Food ManufacturingS&B allegedly misled consumers about the monosodium glutamate (MSG) content of some of its seasoning mixes.S&B denies any wrongdoing or that its products ever contained significant amounts of MSG and notes in the assurance that it has reformulated its "Oriental Seasoning Mixes" to eliminate hydrolyzed protein.NonePA, CA, CT, FL, IL, MA, MN, MO, NY, TX, WI311999
527/12/20219/2/19921992Sandoz PharmaceuticalsAntitrustMonopolization; Price-Fixing; Tying33$21,000,000 $21,000,000 Pharmaceutical and Medicine ManufacturingThe lawsuit sought to end the expensive practice of "bundling," the required combining of drug purchase with blood drawing, testing and monitoring services from a specific company. Under the bundled arrangement, Clozaril cost $8,944 per patient per year, making it the most expensive general-use drug in the United States.The settlement will bar Sandoz from tying the sale of Clorazil to the monitoring service, allow other health care providers to perform blood monitoring services and require Sandoz to share information about Clorazil treatment to competitors and researchers.NoneCA, CT, MA, MN, NJ, NY, WA, VAAL, AZ, CA, CO, CT, DE, DC, FL, ID, IL, IA, KS, ME, MD, MA, MN, NH, NJ, NY, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI325412
517/12/20219/2/19921992SearsConsumer ProtectionUnauthorized Fees or Service Cancellation Issues1$15,000,000 $15,000,000 General Merchandise StoresAllegations arose from an undercover investigation in CA that Sears auto centers performed unnecessary work and inflated customer bills.Under the agreement, Sears will provide $50 coupons, good for any merchandise or service in any Sears store, to anyone who had certain automotive services performed on their car between Aug. 1, 1990 and Jan. 31, 1992. Sears also announced that it would help develop a program to standardize auto repair practices together with a national association of attorneys general.NoneCA, NJ452110
507/12/20216/30/19921992EquifaxConsumer ProtectionConsumer Privacy and Data18$150,000 $150,000 Credit BureausInvestigation arose because consumers complained that Equifax frequently mixed up the credit histories of people with similar names, because the company lacked details such as Social Security numbers, date of birth, full name and addresses. Also, consumers complained Equifax didn't always fix problems brought to its attention. In some cases, consumers would find incorrect information inserted in their credit file a second time.Agreement included commitments to perform reinvestigations of disputed information within 30 days, change disputed items when consumers present documented proof of errors, maintain procedures to prevent deleted information from reappearing, furnish copies of credit reports within four days of request and, within one year, begin disclosing consumers' "risk scores."NoneAL, AR, CA, CT, FL, ID, IL, MI, MN, MO, NY, NV, NM, OH, PA, TX, UT, WA561450
497/12/20215/20/19921992AT&TConsumer ProtectionUnauthorized Fees or Service Cancellation Issues46$0 $0 TelecommunicationsWhen people call a "900" number, they automatically incurred charges that appear on their monthly telephone bills. These new services have generated thousands of complaints from people who did not understand the charges or who said they did not receive the product being advertised.Under the arrangement, when an Attorney General notifies a carrier about a suspect promotion, the phone company will conduct an investigation and if necessary terminate billing and collection services for the promoter and/or withhold funds due.NoneMO, KS, NJ, TNAL, AK, AZ, AR, CA, CO, CT, DE, FL, HI, ID, IL, IN, IA, KS, LA, ME, MD, MA, MI, MN, MS, MO, NE, NV, NH, NJ, NM, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY517110
487/12/20214/23/19921992Atlantic Richfield CompanyAntitrustPrice-Fixing4$63,000,000 $63,000,000 Petroleum & Coal Products ManufacturingThe lawsuit, brought in 1977 by Washington and two years earlier by Oregon, California and Arizona, originally charged seven major oil companies with systematic Price-Fixing and unwarranted gasoline price increases during the gas shortages in the 1970s.NoneOR, CA, AZCA, WA, OR, AZ324110
477/12/20213/12/19921992Carlisle Plastics, Inc.Consumer ProtectionMarketing and Advertising10$45,000 $45,000 Plastics & Rubber Products ManufacturingThe attorneys general alleged that packaging for Ruffies trash bags contained misleading claims that the bags were degradable, including the specific claim that "these bags will degrade in landfills." The company also made misleading claims that its yard waste bags were "specifically designed for municipal compositing operations" and were "perfect for composting."With the settlement, Carlisle is prohibited from claiming that products designed for disposal in landfills or incinerators are degradable, nor can it claim that they are suitable for composting unless they are specifically designed to break down when disposed of in composting facilities. Carlisle also must provide information to customers on composting facilities.NoneMNMN, CA, FL, MA, MO, NY, TN, TX, WA, WI326111
467/12/20212/12/19921992General MillsConsumer ProtectionMarketing and Advertising2$30,000 $30,000 Food ManufacturingAGs alleged that Total cereal was good for unborn children. According to the SAGs, ''Total's print advertising claimed that 'Your baby has its first breakfast nine months before it's born -- make it a good one.' 'The rest of the ad claims 'Total is the one when you're eating for two,' and 'your baby counts on you to eat right.''General Mills agreed to refrain from again using the national ad.NoneNY, TXNY, TX311230
457/12/20211/27/19921992GMAC Mortgage CorpConsumer ProtectionUnauthorized Fees or Service Cancellation Issues12$100,525,000 $525,000 Finance & InsuranceGMAC was investigated and sued for allegedly charging homeowners more for escrow accounts than federal guidelines allow.The agreement will result in refunds and reduced mortgage payments of approximately $100 million for virtually all of its 380,000 customers nationwide.NoneNYNY, CA, CT, FL, ID, IA, MA, MN, NJ, PA, TX, WI522310
447/12/20211/14/19921992ExxonAntitrustPrice-Fixing4$9,900,000 $9,900,000 Petroleum & Coal Products ManufacturingThe lawsuit, brought in 1977 by Washington and two years earlier by Oregon, California and Arizona, originally charged seven major oil companies with systematic Price-Fixing and unwarranted gasoline price increases during the gas shortages in the 1970s.NoneOR, CA, AZCA, WA, OR, AZ324110
437/12/20211/2/19921992Nu Skin International Inc.Consumer ProtectionMarketing and Advertising5$125,000 $125,000 Pharmaceutical and Medicine ManufacturingInvolved allegations that some Nu Skin distributors were promising fantastic financial profits for prospective recruits and using possibly illegal pyramid scheme tactics. Also alleged that consumers were losing thousands of dollars because they were unable to resell the products they bought wholesale from Nu Skin. Their complaint was that the market was saturated with Nu Skin distributors.Among the agreements' terms, Nu Skin will regulate its distributors' sales, ensuring that 80% of a distributor's monthly sales are made to at least five customers not participating in the program and the company will implement a 90% refund policy for distributors' unsold products. The agreement also requires Nu Skin to conduct at least one special training session for its distributors in Pennsylvania. Topics for the session will include retail sales training and a review of the terms of the agreement with the attorney general's office.NoneOH, PA, MI, IL, FLPA, OH, MI, IL, FL325412
427/12/202112/11/19911991TRWConsumer ProtectionConsumer Privacy and Data19$300,000 $300,000 Credit BureausStates alleged that credit reports mailed to consumers in the past were nearly worthless because they contained more than 170 different codes, symbols and abbreviations.The company agreed to simplify language explaining credit histories. The company, which previously agreed to provide each consumer a free annual copy of his or her credit report, also agreed today to reduce the price for a second copy each year to $7.50, from $15. The revised reports it agreed to provide to consumers will include full first and last names, middle initials, full street addresses, dates of birth and other identifying facts. TRW also agreed to complete its investigations of disputed information within 30 days and to inform consumers of the results.FTCTX, NYTX, AL, AR, CA, CT, DE, FL, ID, IL, LA, MI, MO, NV, NH, NM, NY, OH, PA, RI561450
417/12/202111/14/19911991Proctor & GambleConsumer ProtectionMarketing and Advertising10$0 $0 Wood and Paper ManufacturingThe AGs said P&G's advertisements create the overall impression that diapers are completely biodegradable. They claimed that the allegedly misleading advertising made it appear to consumers that they need not worry about the solid waste problems posed by disposable diapers because they will somehow turn into environmentally benign dirt in a matter of months.P&G said in a statement from its Cincinnati headquarters that the "Ninety Days Ago" ad has run its course and the company has agreed not to use it again.NoneNYNY, CA, FL, MA, MN, MO, TN, TX, WA, WI325620
407/12/202110/10/19911991Bristol-Myers SquibbConsumer ProtectionMarketing and Advertising10$50,000 $50,000 Pharmaceutical and Medicine ManufacturingThe states contended Bristol-Myers improperly labeled some of its hair sprays, household cleaners and suntan lotions as "ozone safe" and "environmentally safe." The products contained propellants and other ingredients that contributed to ground-level ozone, a major component of air pollution.Agreed to refrain from asserting its ingredients are environmentally safe if the ingredients contribute to ground level pollution.NoneNY, CA, FL, MA, MN, MO, TN, TX, WA, WI325412
397/12/202110/3/19911991Kellogg CompanyConsumer ProtectionMarketing and Advertising6$180,000 $180,000 Food ManufacturingAGs alleged that ads failed to disclose that Frosted Flakes are 40 percent sugar and that a large proportion of its calories have no nutritional value, while the fruits to which it compared itself contain nutrients lacking in the cereal.Under the settlement, Kellogg will not claim that Special K is high in protein unless it is clear the representation only relates to other cereals. The six states had alleged that cereal is generally not a good source of protein. In addition, Kellogg also agreed to narrow its claims that consumers on weight-reducing diets can ''keep the muscle, lose the fat.'' The claims can only be used in ads that clearly state it is directed at individuals on very low-calorie diets, individuals who diet while on strenuous exercise programs and who may need more protein, or individuals who otherwise are experiencing protein deficiencies.NoneIAMN, IA, CA, FL, TX, WI311230
387/12/20219/25/19911991First InvestorsConsumer ProtectionMarketing and Advertising7$3,729,000 $3,729,000 Finance & InsuranceStates alleged that the firm misled investors into believing that two mutual funds, First Investors Fund for Income and First Investors High Yield Fund, were as safe as certificates of deposit. In fact, it claims, the funds consisted of ''highly speculative and volatile junk bonds.''Under the agreement, each state received an amount equal to its percentage of the funds' business.NoneDE, RI, CT, TX, OK, OR, MI523930
377/12/20218/28/19911991Tetra Pak Inc.Consumer ProtectionMarketing and Advertising10$75,000 $75,000 Wood and Paper ManufacturingThe agreement came after the manufacturers ran ads in major newspapers that prompted concern from environmentalists that they were misleading consumers. One headline said, "Drink boxes are as easy to recycle as this page." The states alleged that the juice containers were actually tough to recycle.Permits state officials to screen future juice-box advertisements for questionable environmental claims.NoneNY, CA, FL, MA, MN, MO, TN, TX, WA, WI322210
367/12/20218/5/19911991Alberto-Culver Co.Consumer ProtectionMarketing and Advertising10$50,000 $50,000 Miscellaneous ManufacturingThe states alleged in an investigation that Alberto-Culver misled consumers with product labels indicating aerosol products were environmentally safe and did not harm the ozone layer.The company agreed to discontinue the allegedly misleading labeling. It will have 60 days to sell existing supplies of the products.NoneTXCA, FL, MA, MN, MO, NY, TN, TX, WA, WI325620
357/12/20216/21/19911991MobilConsumer ProtectionMarketing and Advertising6$150,000 $150,000 Plastics & Rubber Products ManufacturingAGs alleged that the word degradable printed on the fronts of Hefty packages and a statement on the backs implying that using the bags helped the environment were misleading.Mobil agreed to delete references to "degradability" on Hefty trash bags.NoneNYWI, CA, MA, MN, NY, WA326111
347/12/20216/7/19911991WorldspanAntitrustMerger Review27$0 $0 Scheduled Passenger Air TransportationStates alleged that current practice in the airline reservation field gives an unfair competitive advantage to certain airlines which own the computerized reservation system. Travel agencies subscribe to one of the five CRS outlets now in service, and each system is based on an internal airline reservation system. As a result, the airline on whose system the CRS is based provides travel agencies with more timely and accurate information on its own services and fares than that of other airlines.The attorneys general agreed to not challenge the creation of Worldspan, formed by the merger of Delta Air Lines' Datas II system and PARS, owned by Northwest Airlines and Trans World Airlines. If Worldspan, based in Atlanta, fails to develop a program by February 1993 that would offer all available flights on systems used by travel agents, the state legal leaders would file federal lawsuit.NoneNYAL, AR, AZ, CT, DE, FL, ID, IN, IA, ME, MD, MA, MI, MN, MO, NE, NV, NY, NC, OR, PA, SD, TN, TX, VT, VA, WI481111
337/12/20214/10/19911991Nintendo of AmericaAntitrustPrice-Fixing; Resale Price Maintenance52$29,750,000 $29,750,000 Computer & Electronic Product ManufacturingAccording to a joint investigation by the attorneys general of New York and Maryland, Nintendo required retailers to sell its 8-bit NES video game consoles at a uniform price of $99.95 from June 1988 through December 1990.The settlement allowed Nintendo to suggest retail prices but required that all promotional material include the statement that dealers were free to determine their own prices.NoneMD, NYAL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VI, VA, WA, WV, WI, WY
327/12/20213/27/19911991Mitsubishi Electronics AmericaAntitrustPrice-Fixing; Vertical Non-Price Restraint; Resale Price Maintenance52$7,950,000 $7,950,000 Computer & Electronic Product ManufacturingAccording the the complaints, Mitsubishi had attempted to enlist electronics retailers in a nationwide conspiracy to fix retail prices. In January 1988, Mitsubishi began requiring its dealers to tag all Mitsubishi products on display with Mitsubishi "suggested retail price." Mitsubishi did not permit dealers to place any other prices on these tags.Mitsubishi was enjoined from efforts to fix, maintain or stabilize prices for five years. Mitsubishi also agreed to refrain from discriminating in delivery or coercing dealers into unlawful price agreements. Mitsubishi was also required to notify dealers that they were entitled to set prices independently.NoneMD, NYAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC, PR
317/12/20213/20/19911991ExxonEnvironmentWater Pollution Control2$15,000,000 $15,000,000 Petroleum & Coal Products ManufacturingThis case arose following an oil spill off the coast of NY and NJ.Under the settlement, Exxon would spend $5 million to buy environmentally sensitive land in the Staten Island area. It would also pay for restoration of wetlands along the Arthur Kill, where the oil leaked, and reimburse government agencies for legal and administrative costs.NoneNY, NJNY, NJ324110
307/12/20212/20/19911991PfizerConsumer ProtectionMarketing and Advertising10$70,000 $70,000 Pharmaceutical and Medicine ManufacturingThe case involves claims by Pfizer Inc. that Plax mouthwash helps remove plaque from teeth.Pfizer and Ally & Gargano agreed to no longer represent that the product can be used in the diagnosis, cure, treatment or prevention of tooth or gum disease. The companies also agreed to no longer claim that rinsing with Plax before brushing can remove 300 percent more plaque than brushing alone.NoneTXTX, CA, FL, IL, IA, MA, MN, MO, NY, WI325412
297/12/20211/11/19911991Watson & Hughey Co.Consumer ProtectionMarketing and Advertising10$2,100,000 $2,100,000 Advertising and Related ServicesThe suit alleged that the companies' letters were deceptive because the solicitation led consumers to mistakenly believe they'd won $5,000. The use of a simulated letterhead of a nonexistent law office in Washington, D.C., reinforced the impression that recipients had won a major prize, according to the suit.The settlement includes provisions that will, among other things: Prohibit Watson & Hughey and its clients from conducting deceptive sweepstakes solicitations; Bar the defendants from using "look alike" addresses, trademarks or symbols that may cause confusion about the identify of the organization; Require the organizations to have independent boards of directors that meet at least three times a year. In addition, Preate said, charities that contract with Watson & Hughey will have equal access to the list of contributors compiled by the fund-raiser.NoneNYPA, CT, IL, MA, MN, NJ, NY, OR, VA, WA541810
287/12/202110/17/19901990American Enviro Products Inc.Consumer ProtectionMarketing and Advertising10$0 $0 Wood and Paper ManufacturingInvolved allegations over the company's environmental claims concerning diapers.It allows use of the word ''biodegradable'' in conjunction with composting, but without implications that a product will biodegrade in a landfill. Also resulted in production of a new environmentally oriented product -- a disposable diaper made with a cotton core.NoneCA, FL, MA, MN, MO, NY, TX, UT, WA, WI325620
277/12/20219/26/19901990Amoco Production Co.AntitrustPrice-Fixing2$212,000,000 $0 Petroleum & Coal Products ManufacturingInvolved natural gas consumers in four states who allegedly paid excessive rates in 1979-85.The plaintiffs, including Kansas and Missouri and utilities in both states, will receive $91.5 million in cash over the next two years and $120.5 million in cash over the next 20 years.NoneKS, MOKS, MO324110
267/12/20218/30/19901990Miles, Inc.Consumer ProtectionMarketing and Advertising3$30,000 $30,000 Pharmaceutical and Medicine ManufacturingThe AGs had been investigating claims by One-A-Day that the vitamins were necessary or effective in preventing or reversing the health effects of air pollution, ordinary stress or routine exercise.Miles agreed to stop making health claims in advertising.NoneNY, CA, TX325412
257/12/20216/14/19901990CPC InternationalConsumer ProtectionMarketing and Advertising10$100,000 $100,000 Food ManufacturingInvolved ads implying that using the oil, without other modifications in eating habits, could lower serum cholesterol.Prevents ads that its Mazola corn oil products can reduce cholesterol levels.FTCCA, FL, IL, IA, MA, MN, MO, NY, TX, WI311221
247/12/20215/31/19901990General MillsConsumer ProtectionMarketing and Advertising3$21,000 $21,000 Food ManufacturingInvolved ads that the company's Benefit cereal removed cholesterol from the body.General Mills agreed to stop making claims in ads that its Benefit cereal removed cholesterol from the body.NoneMNIA, WI, MN311230
237/12/20215/8/19901990VISAAntitrustMerger Review14$0 $0 Finance & InsuranceThe antitrust suit claimed Entree had an unfair advantage over smaller, regional competitors because virtually every major U.S. bank already was a Visa or Mastercard member.In the settlement, Visa and Mastercard have agreed to terminate Entree, their joint debit card venture, on Oct. 1, 1990, and notify hundreds of banks which had agreed to participate in Entree that the program will be terminated. Over the next several years, the banks will retire the millions of Entree plastic debit cards already in consumers' hands. In addition to ending Entree, the defendants agreed to provide notice and disclosure to the 14 attorneys general of any future joint ventures or other conduct which could be seen as anticompetitive.NoneNYNY, AZ, CA, CT, LA, MD, MA, MN, TN, TX, UT, WA, WV, WI522320
227/12/20213/15/19901990Planters Plus LifesaversConsumer ProtectionMarketing and Advertising9$0 $0 Food ManufacturingInvolved ads that imply there is the equivalent of a whole glass of juice in a roll of its Fruit Juicers candy, when actually there is only a small amount.The company agreed to end ads.NoneWI, CA, IL, IA, MA, MN, MO, NY, TX311919
217/12/20213/13/19901990Nabisco Brands, Inc.Consumer ProtectionMarketing and Advertising10$135,000 $135,000 Food ManufacturingThe states alleged that Nabisco violated consumer fraud laws with margarine ads that used phrases suggesting the products would help reduce the risk of heart disease.Under the agreement, Nabisco Brands, a subsidiary of RJR Nabisco Inc. of New York, is prohibited from running TV commercials or print ads that claim the margarine can treat, prevent or reduce the risk of heart disease or lower cholesterol, the agreement said. In addition, Nabisco agreed not to say that 100 Percent Bran cereal is "flavored with two naturally sweet fruit juices" unless it changes the cereal formula so no other sweeteners, such as sugar, are used.NoneCA, FL, IL, IA, MA, MN, MO, NY, TX, WI311512
207/12/20212/7/19901990Allied InternationalConsumer ProtectionMarketing and Advertising9$750,000 $750,000 Pharmaceutical and Medicine ManufacturingAGs alleged that contrary to the company's advertising claims, the company's pills did not cause perceptible weight or fat loss.A court order halted the advertising of a mail-order diet pill when a government agency charged that ads for the pills contained false and unsubstantiated claims.FTC; FDACA, CO, FL, IL, IA, MO, TX, WV, VT325412
197/12/20219/5/19891989Sara LeeConsumer ProtectionMarketing and Advertising9$90,000 $90,000 Food ManufacturingAGs alleged that Sara Lee advertised its "light" cheesecake having fewer calories than the regular version when it really does not.Agreed to stop using the "Light Classics" name in its advertising and will stop advertising that its "light" cheesecake and pound cake snacks have fewer calories than its regular cakes.NoneCA, IL, IA, MA, MN, MO, NY, WI, TX311813
187/12/20217/6/19891989Nestle's Carnation Co.Consumer ProtectionMarketing and Advertising9$90,000 $90,000 Food ManufacturingAn investigation by the attorneys general found Carnation claimed the formula could not cause an allergic reaction in infants who had problems with other formulas or a milk allergy.The settlement prohibits Carnation from using the word "hypoallergenic" in promoting the product and claiming it cannot cause allergic reactions.NoneWI, CA, IL, IA, MA, MN, MO, NY, TX311514
177/12/20216/3/19891989Entergy Corp.Consumer ProtectionUnauthorized Fees or Service Cancellation Issues3$0 $0 UtilitiesConcerned various issues pertaining to the Grand Gulf nuclear station.As part of the proposed settlement, System Energy would agree that for the jurisdictions whose regulators and other parties join in the final agreement, it will cancel and write off the costs of Grand Gulf Unit 2.FERCAR, MS, LA221120
167/12/20215/10/19891989Campbell Soup Co.Consumer ProtectionMarketing and Advertising9$315,000 $315,000 Food ManufacturingAGs contended that Campbell's ads made high fiber claims about certain soup products which were not high in fiber, calcium source claims about soups which alone are not a good source of calcium, and "generally mischaracterized the health effects of Campbell's soup products."Campbell's also agreed to provide certain details in ads about its soups' nutritional content whenever an ad makes a health related claim. Because Campbell advertises nationally, the company said the settlement guidelines will be incorporated into all its future advertising.NoneMNWI, CA, IL, IA, MA, MN, MO, NY, TX311422
157/12/20214/3/19891989Avis Rent-A-CarConsumer ProtectionUnauthorized Fees or Service Cancellation Issues7$175,000 $175,000 Rental & Leasing ServicesAuthorities alleged the company charged prevailing retail prices for repairs when the actual repair cost was about 22 percent less because the company was able to keep discounts for work on its huge fleet of cars.Avis agreed to stop overcharging customers for repairs to damaged rental vehicles.NoneKSCA, IA, KS, MA, MO, NY, TX532111
147/12/20213/23/19891989American Suzuki Motor Corp.Consumer ProtectionDefective or Unsafe Products7$200,000 $200,000 Motor Vehicle ManufacturingArose out of Consumers Union tests finding that because of its short wheelbase and high center of gravity, the Samurai is dangerously prone to roll over under what the consumer group maintained are normal driving conditions.The agreement requires the Japanese carmaker to include in its ads the following statement: "This vehicle handles differently from ordinary passenger cars. Federal law cautions to avoid sharp turns and abrupt maneuvers. Always wear your seat belt. For specific details, please read your owner's manual."NoneCA, MA, MN, MO, NY, TX, WA336111
137/12/20212/8/19891989Patten Corp.Consumer ProtectionMarketing and Advertising5$500,000 $500,000 ConstructionThe states alleged that customers were sold property under false pretenses. According to the states, Patten's pattern has been to buy huge tracts of rural and wilderness property at low prices, subdivide it and sell the lots quickly at huge profits to mostly urban buyers who are unaware of the complexity involved in building on such property.Patten will give future customers seven days to cancel a purchase and provide each prospective customer with full written disclosure of the cost and availability of public services and other features that could affect a buyer's ability to build on the land. Patten is required to make available a dispute resolution procedure to anyone who purchased land in the state or any resident who purchased land from Patten between Aug. 1, 1982 and May 1, 1989.NoneMEME, NH, VT, NY, MA
127/12/20211/16/19891989PanasonicAntitrustPrice-Fixing; Resale Price Maintenance50$16,000,000 $16,000,000 Computer & Electronic Product ManufacturingThe complaint alleged that Matsushita Electric Corporation of America (Matsushita), and certain dealers conspired to fix or maintain the resale price for which dealers were able to sell its Panasonic products. The Panasonic products included 6 VCRs, 3 camcorders, 3 telephone answering machines and 4 Technics audio and video products models.Matsushita agreed to an injunction for a period of 5 years.NoneNY, MDAL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, DC334310
117/12/20218/5/19881988HertzConsumer ProtectionUnauthorized Fees or Service Cancellation Issues$22,090,000 $22,090,000 Rental & Leasing ServicesThe states alleged that Hertz charged the retail price for repairs, even though, as a fleet operator, Hertz had paid a discounted price of about 25 percent below retail.Hertz agreed to refund a total of $22 million to 20,000 consumers in 41 states for repairs in the 12-month period through May 31, 1986.None532111
107/12/20213/17/19881988Campeau Corp.AntitrustMerger Review3$0 $0 Retail TradeThe states were concerned with the anti-competitive effects of one company owning both Jordan Marsh and Filene's.Campeau agreed that it would sell Federated's Filene's fashion chain of 16 stores and the Filene's Basement chain of 17 stores if Campeau took over Federated.NoneMAMA, ME, NH452110
97/12/202112/15/19871987ChryslerConsumer ProtectionUnauthorized Fees or Service Cancellation Issues49$16,500,000 $16,375,000 Motor Vehicle ManufacturingStates charged that Chrysler disconnected odometers on vehicles randomly, tested the cars by driving them -- sometimes having employees take them home for the evening -- then reattached the odometers and sold the autos as new.Under the settlement, the owners of more than 32,000 cars that Chrysler admits were driven with disconnected odometers as part of the company's so-called ''Overnight Evaluation Program'' will be entitled to restitution of at least $500 apiece.NoneCT, IA, MA, MI, MN, MO, NY, NC, TX, WVAL, AK, AZ, AR, CA, CO, CT, DE, FL, PR, HI, ID, IL, IN, IA, KS, GU, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, WI, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, WY, SD, TN, TX, UT, VT, VA, WA, WV, DC336111
87/12/20212/19/19871987AAMCOConsumer ProtectionUnauthorized Fees or Service Cancellation Issues14$500,000 $500,000 Repair & MaintenanceAGs accused AAMCO of performing unneeded repairs, and using bait-and-switch tactics and other deceptive sales methods.AAMCO agreed not to make unnecessary repairs or use deceptive sales practices.NoneWA, TX, MAWA, NY, IA, LA, MA, MI, MO, NC, OH, PA, TN, TX, WV, WI811113
77/12/20218/20/19861986Minolta Corp.AntitrustResale Price Maintenance49$7,000,000 $7,000,000 Computer & Electronic Product ManufacturingAGs charged that Minolta and its dealers had agreed to fix the price of the Maxxum 7000, an autofocus model, and the AF Tele cameras in violation of the antitrust law.As part of the settlement agreement, Minolta agreed to contribute to each state an amount sufficient to pay $15.00 for every Maxxum sold and $8.00 for every AF-Tele sold within each state for the period of March 1, 1985 through March 21, 1986.NoneMD, NY, PAAL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, WA, WV, WI, WY333315
67/12/20217/8/19861986McDonaldsConsumer ProtectionMarketing and Advertising9$0 $0 Accommodation and Food ServicesThe AGs claimed that fast-food consumers could not get basic information on ingredients and nutrition. According to the AGs, "This is a problem, not only for people who wish to watch their calories or avoid certain food additives, but also for those on low-sodium or low-cholesterol diets, and it can be dangerous for those with specific food allergies."The companies agreed to begin providing point of sale nutritional information.NoneTX, CATX, CA, LA, VA, IL, IA, NM, OK, VT722211
57/12/20219/9/19851985Baldwin-UnitedConsumer ProtectionConsumer Protection Other49$157,000,000 $0 Finance & InsuranceLitigation arose because more than 165,000 investors had purchased more than $3.6 billion worth of single-premium deferred annuities from the Baldwin-United companies, which subsequently went bankrupt.The total of $157 million will be used by Metropolitan Life Insurance Co. to replace the Baldwin-United annuities. In addition to these money payments, under the proposed settlement the brokers agree that in the future sale of annuities or other life insurance products, all selling agents will be properly licensed and the products will be properly approved for sale according to state laws. The agreement also provides that the brokers' insurance agencies through which the Baldwin SPDAs were sold will consent to cease and desist orders or assurances of discontinuance to this effect.NoneMAAL, AK, AZ, AR, CA, CO, CT, DE, FL, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY524210
47/12/20214/15/19831983Mid-Atlantic Toyota DistributorsAntitrustPrice-Fixing; Tying6$5,100,000 $5,100,000 Retail TradeAlleged that the 36,000 Toyotas sold that year in several states all had unfairly increased prices because an undercoating was applied before sale.Purchasers of 1980 Toyotas were entitled to either $125.00 in cash or $250.00 in a service and goods at their option for each car purchased.NoneMDDE, DC, MD, PA, VA, WV441110
37/12/20213/25/19831983AEFS, Inc.Consumer ProtectionMarketing and Advertising2$19,040,000 $19,040,000 AgricultureSince 1981, AEFS has promoted its crop with claims that Jerusalem artichokes will be a valuable cash crop for numerous markets, including alcohol fuels, human foodstuffs and livestock feed. An investigation by Iowa and Minnesota officials determined claims the company made about the product and its marketing potential did not bear out.The settlement requires AEFS to sharply alter its marketing practices which the AGs alleged violated state consumer fraud acts by being deceptive or misleading. It also grants hundreds of farmers a chance to recover the money they invested in Jerusalem artichoke seed stock on the basis of the alleged misrepresentations.NoneIA, MNIA, MN
27/12/202111/28/2021B.L. Makepeace, Inc.AntitrustPrice-Fixing; Market Allocation Agreement6$274,000 $274,000 Printing & Related Support ActivitiesRetail vendors of architectural, engineering and drafting supplies, equipment and blueprint services settled Attorneys General claims of Price-Fixing and unlawful market allocation.The settlement prohibited future price-fixing conduct and payment of monetary forfeiture.DOJCT, ME, MA, NH, RI, VTCT, ME, MA, NH, RI, VT453998
17/12/2021Leviton Manufacturing Co.AntitrustPrice-Fixing9$1,045,750 $1,045,750 Computer & Electronic Product ManufacturingVarious manufacturers of electrical wiring devices settled Attorney General's claims of Price-Fixing via entry of consent decree prohibiting such conduct and payment of monetary forfeiture.The settlement prohibited future price-fixing conduct and payment of monetary forfeiture.NoneCT, NJCT, IL, LA, MD, MA, MN, NJ, RI, VT335931
6964/23/20259/16/20202020Outreach Calling, Inc., dba Market Process Group; Outsource 3000, Inc. dba Outreach Calling, Inc.; Production Consulting Corp. dba Outreach Calling, Inc. and 7 Consulting Corp.; Mark Gelvan, president and sole owner of Production Consulting and Outsource, and the controller and indirect owner of Outreach; Thomas Berkenbush, de facto officer and employee of Outreach; William English, de facto officer and employee of Outreach; Damian Muziani, purported President and owner of OutreachConsumer ProtectionMarketing and Advertising489275500Other or Non-Classified IndustryA sprawling fundraising operation that allegedly scammed consumers out of millions of dollars will be permanently banned from charitable fundraising along with its owner and others involved in its operation as a result of a lawsuit brought by the Federal Trade Commission and Attorneys General of New York, Virginia, Minnesota, and New Jersey. The operation is made up of multiple companies all under the control of owner Mark Gelvan, along with his associates Thomas Berkenbush, William English, and Damian Muziani. The complaint filed by the FTC and the states alleges that the defendants served as the primary fundraisers for a number of sham charities that were the subject of numerous law enforcement actions. The complaint alleges that the sham charities claimed to use consumers’ donations to help homeless veterans, retired and disabled law enforcement officers, breast cancer survivors, and others in need. In fact, these organizations spent almost none of the donations on the promised activities. The complaint alleges that as much as 90 percent of the money raised by the defendants for these sham charities went to the defendants themselves as payment for their fundraising services. What little money the charities did receive was rarely spent on any of their supposedly charitable missions, sometimes less than two percent. According to the complaint, the defendants orchestrated the sham charities’ fundraising operations by soliciting donations, writing fundraising materials, and providing other key support to the sham charities. Defendants placed calls misrepresenting how donations would be used, and in many instances, the calls violated consumers’ do-not-call requests. The defendants in the case, who have worked with each other for as long as 30 years, have been subject to numerous law enforcement actions dating back as far as 1996. Under the proposed settlements, all of the defendants will be permanently prohibited from participating in any charity fundraising, and from deceiving consumers in any other fundraising effort, including for political action committees (PACs). The defendants will be required to clearly inform consumers at the time they ask for money that any donations are not charitable and not eligible for tax deductions. In addition, the defendants will be subject to significant monetary judgments and required to surrender assets as follows: Gelvan, Outreach Calling, Inc., Outsource 3000, Inc., and Production Consulting Corp.: These defendants will be subject to a monetary judgment of $56,023,481, which is partially suspended based on their inability to pay. The corporate defendants will be required to surrender $45,386. Gelvan will be required to surrender $800,000, and will be required to sell two New Jersey properties he has a stake in and surrender any net proceeds of those sales. Damian Muziani: Muziani will be subject to a monetary judgment of $484,172, which is partially suspended due to his inability to pay. He will be required to surrender $12,369. Thomas Berkenbush: Berkenbush will be subject to a monetary judgment of $1,132,155, which is partiall suspended due to his inability to pay. He will be required to surrender $5,000. William English: English will be subject to a monetary judgment of $873,293, which is partially suspended due to his inability to pay. He will be required to surrender $30,000. The terms of his settlement also prohibit him from participating in any fundraising activity of any kind. The funds being surrendered by the defendants will be paid to the State of New York, which will contribute the funds on behalf of New York, Virginia, and New Jersey to legitimate charities that perform services that mirror those promised by the sham charities. In the event any of the defendants either fails to surrender the amounts they owe or is found to have misrepresented their ability to pay, the full amount of their judgment would become payable immediately. Federal Trade CommissionMN, NJ, NY, VAMN, NJ, NY, VANoneNY Federal District Court - 1:20-cv-07505Charitable Fundraising2020.09.15-Complaint2020.10.26-Stipulated Order-William English
2020.10.26-Stipulated Order-Thomas Berkenbush
2020.10.26-Stipulated Order-Mark Gelvan
2020.09.16-NY-Press Release
2020.09.16-FTC-Press Release
7104/29/202510/9/20242024Marriott International, Inc.Consumer ProtectionConsumer Privacy and Data5052000000.0052,000,000.000Other or Non-Classified IndustryMarriott acquired Starwood in 2016 and took control of the Starwood computer network in 2016. However, from July 2014 until September 2018, intruders in the system went undetected. This led to the breach of 131.5 million guest records pertaining to customers in the United States. The impacted records included contact information, gender, dates of birth, legacy Starwood Preferred Guest information, reservation information, and hotel stay preferences, as well as a limited number of unencrypted passport numbers and unexpired payment card information.Under the terms of the settlement, Marriott agreed to strengthen and continually improve its cybersecurity practices. Some of the specific measures include: • Implementation of a comprehensive Information Security Program. This includes new overarching security program mandates, such as incorporating zero-trust principles, regular security reporting to the highest levels within the company, including the Chief Executive Officer, and enhanced employee training on data handling and security. • Data minimization and disposal requirements, which will lead to less consumer data being collected and retained. • Specific security requirements with respect to consumer data, including component hardening, conducting an asset inventory, encryption, segmentation to limit an intruder’s ability to move across a system, patch management to ensure that critical security patches are applied in a timely manner, intrusion detection, user access controls, and logging and monitoring to keep track of movement of files and users within the network. • Increased vendor and franchisee oversight, with a special emphasis on risk assessments for “Critical IT Vendors,” and clearly outlined contracts with cloud providers. • In the future, if Marriott acquires another entity, it must timely further assess the acquired entity’s information security program and develop plans to address identified gaps or deficiencies in security as part of the integration into Marriott’s network. • An independent third-party assessment of Marriott’s information security program every two years for a period of 20 years for additional security oversight. As part of the settlement, Marriott will give consumers specific protections, including a data deletion option, even if consumers do not currently have that right under state law. Marriott must offer multi-factor authentication to consumers for their loyalty rewards accounts, such as Marriott Bonvoy, as well as reviews of those accounts if there is suspicious activity. Federal Trade Commission, CT, DC, IL, LA, MD, MA, NC, OR, PA, TXAL, AK, AZ, AR, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WYNoneFiled in separate state courtsConsumer data2024.10.09-CT-Complaint2024.10.09-CT-Final Judgment on Stipulation2024.10.09-CT-Press Release
7114/29/20258/13/20242024Enzo Biochem, Inc.; Enzo Clinical Labs, Inc.Consumer ProtectionConsumer Privacy and Data345000004,500,0000Other or Non-Classified IndustryIn 2023, cyber-attackers were able to access Enzo’s networks using two employee login credentials. Those two login credentials were shared between five Enzo employees and one of the login credentials hadn’t been changed in the last ten years, putting Enzo at heightened risk of a cyberattack. Once logged in, the attackers installed malicious software on several of Enzo’s systems. Enzo was not aware of the attackers’ activity until several days later because the company did not have a system or process in place to monitor or provide notice of suspicious activity. The attackers were able to steal files and data that contained patient information for 2.4 million patients. Information that was compromised included names, addresses, dates of birth, phone numbers, Social Security numbers, and medical treatment/diagnosis information.Enzo agreed to pay a $4.5 million penalty and adopt a series of measures aimed at strengthening its cybersecurity practices going forward, including: Maintaining a comprehensive information security program designed to protect the security, confidentiality, and integrity of private information; Implementing and maintaining policies and procedures that limit access to personal information; Implementing and maintaining multi-factor authentication for all individual user accounts; Establishing and maintaining policies and procedures that require using strong, complex passwords and password rotation; Encrypting all personal information, whether stored or transmitted; Conducting and documenting annual risk assessments; and Developing, implementing, and maintaining a comprehensive incident response plan for potential data security issues.CT, NJ, NYCT, NJ, NYNoneConsumer data2024.08.13-NY-Assurance of Discontinuance
2024.08.13-NJ-Consent Order
2024.08.13-NY-Press Release
2024.08.13-CT-Press Release
7124/29/202511/26/20232023Morgan Stanley Smith Barney LLCConsumer ProtectionConsumer Privacy and Data665000006,500,0000Banking, Insurance, and FinanceMorgan Stanley compromised the personal information of its customers due to negligent internal data security practices. The poorly executed plan of decommissioning its computer devices and the failure to erase unencrypted data in certain computer devices exposed millions of consumers’ personal information that were left in those devices. As far back as 2015, the company failed to properly dispose of devices containing its customers’ personal information by hiring a moving company with no experience in data destruction services to decommission thousands of hard drives and servers containing sensitive information of millions of its customers. The company failed to properly monitor the moving company’s work. The computer equipment was sold via internet auctions, some of which contained customer data. The company was not alerted to the problem until a downstream purchaser discovered the data and called the company. In a second incident, a records reconciliation exercise undertaken by the company during a decommissioning process revealed that 42 servers, all potentially containing unencrypted customer information, were missing. During this process, the company learned that the local devices being decommissioned may have contained unencrypted data due to a manufacturer flaw in the encryption software. The investigation found that Morgan Stanley had failed to maintain adequate vendor controls and hardware inventories, and that had these controls been in place, both data security events could have been prevented.Morgan Stanley agreed to pay $6.5 million and to adopt a series of provisions that better protects the personal information of its consumers going forward, including: Maintaining a comprehensive information security program that includes regular updates that are necessary to reasonably protect the privacy, security, and confidentiality of personal information; Maintaining an incident response plan that documents incidents and actions taken in relation to the incidents; Maintaining a written policy that governs the collection, use, retention, and disposal of consumers’ personal information; Encrypting all personal information, whether stored or transmitted, between documents, databases, or elsewhere; Employing a manual process and automated tools to keep track of locations of all hardware that contains personal information; Maintaining a vendor risk assessment team to assess and monitor that their vendors are in compliance with Morgan Stanley’s data security requirements.CT, FL, IN, NJ, NY, VTCT, FL, IN, NJ, NY, VTNoneConsumer data2023.11.16-IN-Assurance of Voluntary Compliance
2023.11.16-IN-Joint Petition to Approve Assurance of Voluntary Compliance
2023.11.16-CT-Press Release
7134/29/202510/17/20232023Inmediata Health Group, LLC; Inmediata Technologies, LLCConsumer ProtectionConsumer Privacy and Data331400000.001,400,000.000Other or Non-Classified IndustryAs a health care clearinghouse, Inmediata facilitates transactions between health care providers and insurers across the United States. On January 15, 2019, the U.S. Department of Health & Human Services’ Office of Civil Rights alerted Inmediata that PHI maintained by Inmediata was available online and had been indexed by search engines. As a result, sensitive patient information could be viewed through online searches, and potentially downloaded by anyone with access to an internet search engine. Although Inmediata was alerted to the breach on January 15, 2019, Inmediata delayed notification to impacted consumers for over three months and sent misaddressed notices. Further, the notices were far from clear—many consumers complained that without sufficient details or context, they had no idea why Inmediata had their data, which may have caused recipients to dismiss the notices as illegitimate. State attorneys general alleged that Inmediata violated state consumer protection laws, breach notification laws, and HIPAA by failing to implement reasonable data security, including failing to conduct a secure code review at any point prior to the breach, and then failing to provide affected consumers with timely and complete information regarding the breach, as required by law.Under the settlement, Inmediata agreed to strengthen its data security and breach notification practices going forward, including implementation of a comprehensive information security program with specific security requirements include code review and crawling controls, development of an incident response plan including specific policies and procedures regarding consumer notification letters, and annual third-party security assessments for five years.CT, MI, TNAL, AZ, AR, CO, CT, DE, GA, IN, IA, KS, KY, LA, MD, MA, MI, MN, MS, MT, NE, NH, NC, MS, OH, OK, OR, PR, RI, SC, TN, UT, WA, WV, WINoneFiled in separate state courts Patient records2023.10.17-CT-Complaint2023.12.10-CT-Order
2023.10.17-IN-Final Judgment and Consent Decree
2023.10.17-CT-Motion for Entry of Judgment in Accordance with Stipulation
2023.10.17-CT-Final Judgment on Stipulation
2023.10.17-CT-Press Release
7144/29/202510/5/20232023Blackbaud Inc.Consumer ProtectionConsumer Privacy and Data5049500000.0049,500,000.000Other or Non-Classified IndustryBlackbaud provides software to various nonprofit organizations, including charities, higher education institutions, K-12 schools, healthcare organizations, religious organizations, and cultural organizations. Blackbaud’s customers use Blackbaud’s software to connect with donors and manage data about their constituents, including contact and demographic information, Social Security numbers, driver’s license numbers, financial information, employment and wealth information, donation history, and protected health information. This type of highly sensitive information was exposed during the 2020 data breach, which impacted over 13,000 Blackbaud customers and their respective consumer constituents. State attorneys general alleged that Blackbaud violated state consumer protection laws, breach notification laws, and HIPAA by failing to implement reasonable data security and remediate known security gaps, which allowed unauthorized persons to gain access to Blackbaud’s network, and then failing to provide its customers with timely, complete, or accurate information regarding the breach, as required by law. As a result of Blackbaud’s actions, notification to the consumers whose personal information was exposed was significantly delayed or never occurred at all insofar as Blackbaud downplayed the incident and led its customers to believe that notification was not required.Under the settlement, Blackbaud has agreed to strengthen its data security and breach notification practices going forward, including: Prohibition against misrepresentations related to the processing, storing, and safeguarding of personal information; the likelihood that personal information affected by a security incident may be subject to further disclosure or misuse; and breach notification requirements under state law and HIPAA. Implementation and maintenance of incident and breach response plans to prepare for and more appropriately respond to future security incidents and breaches. Breach notification provisions that require Blackbaud to provide appropriate assistance to its customers and support customers’ compliance with applicable notification requirements in the event of a breach. Security incident reporting to the CEO and Board, enhanced employee training, and appropriate resources and support for cybersecurity. Personal information safeguards and controls requiring total database encryption and dark web monitoring. Specific security requirements with respect to network segmentation, patch management, intrusion detection, firewalls, access controls, logging and monitoring, and penetration testing. Third-party assessments of Blackbaud’s compliance with the settlement for 7 years.IN, VTAL, AK, AZ, AR, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WYConsumer data
2023.10.05-IN-Assurance of Voluntary Compliance
2023.10.05-CT-Press Release
7655/12/20256/2/20232023Indivior Inc. f/k/a Reckitt Benckiser Pharmaceuticals, Inc., et. al.AntitrustMonopolization42102500000102,500,000Pharmaceutical and Medicine ManufacturingIn 2016 the States filed a complaint against Indivior Inc. alleging that they used illegal means to switch the Suboxone market from tablets to film while attempting to destroy the market for tablets, in order to preserve its drug monopoly. Trial had been set for September 2023.

The agreement, which was submitted to the court in the Eastern District of Pennsylvania for approval, requires Indivior to pay the states $102.5 million. Indivior is also required to comply with negotiated injunctive terms that include disclosures to the States of all citizen petitions to the FDA, introduction of new products, or if there is a change in corporate control, which will help the States ensure that Indivior refrains from engaging in the same kind of conduct alleged in the complaint. 

 

Under the terms of the settlement, the funds may be spent on any one or more of the following purposes: 

Payment of attorneys’ fees and expenses; 

Antitrust or consumer protection law enforcement; 

Deposit into a state antitrust or consumer protection account for use in accordance with the state laws governing that account; 

Deposit into a fund exclusively dedicated to assisting state attorneys general enforce the antitrust laws by defraying the costs of a) expert economists and consultants in multistate antitrust investigations and litigation; b) training or continuing education in antitrust for attorneys in state attorney general offices; or c) information management systems used in multistate antitrust investigations and litigation; 

Any other purpose as the attorneys general deem appropriate, consistent with state laws. 

 

WIAL, AK, AR, CA, CO, DE, FL, GA, HI, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NH, NM, NY, NC, OH, OK, OR, PA, RI, SC, TN, UT, VT, VA, WA, WV, WIU.S. District Court for the Eastern District of PennsylvaniaSuboxone2023.06.02-WI-Stipulated Final Judgment and Dismissal with Prejudice2023.06.02-WI-Press Release
7152022Endo - Opioids2021.09.10-NY-Press Release
7162025Purdue Pharma - Opioids2025.01.23-NY-Press Release
7172022Purdue Pharma and Sackler Family - Opioids
718Sackler Family - Opioids2025.01.23-NY-Press Release
7195/21/202511/22/20222022Allergan Finance, LLC, Allergan Limited Consumer ProtectionDefective or Unsafe Products502370000000Pharmaceutical and Medicine ManufacturingAllergan, an Ireland-based drug manufacturer, deceptively marketed opioids by downplaying the risk of addiction, overstating their benefits, and encouraging doctors to treat patients showing signs of addiction by prescribing them more opioids Allergan also failed to maintain effective controls to prevent the diversion of opioids.  

Allergan agreed to pay a maximum of $2.37 billion in cash.  This figure includes amounts Allergan had already agreed to pay under settlements with individual States. 

 

In addition to monetary payment, Allergan must share clinical data through a third-party archive, disclose documents through a public repository, and stop selling opioids.  

 

Allergan agreed to strict limitations on its marketing, promotion, sale, and distribution of opioids, including a ban on: (1) promotion and lobbying; (2) rewarding or disciplining employees based on volume of opioid sales; and (3) funding or grants to third parties. 

, CA, IL, IA, MD, MA, NY, NC, PA, TN, TX, VT, VA, WIAL, AK, AS, AZ, AR, CA, CO, CT, DC, DE, GA, GU, HI, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NM, NC, ND, OH, OK, OR, PA, PR, SC, SD, TN, TX, VI, UT, VT, VA, WA, WI, WY

Florida settled separately with Allergan for $122 million on March 29, 2022.  
2022.03.29-FL-Settlement Agreement and Release   

 

Louisiana settled separately with Allergan for $5 million on June 9, 2023. 

 

Nevada settled separately with Allergan for $29.8 million on February 22, 2023. 

 

New York settled separately with Allergan for $200 million on December 8, 2021. 
2021.12.08-NY-Alllergan New York Statewide Opioid Settlement Agreement 
  

Rhode Island settled separately with Allergan for $7.5 million on March 28, 2022.   
2022.03.28-RI-Allergan Rhode Island Statewide Opioid Settlement Agreement  
 
West Virginia settled separately with Allergan and Teva for $161.5 million on May 25, 2022.       

Filed in separate state courts. Opioid prescription drugs 2023.11.14-AR-Complaint2023.11.15-AR-Final Consent Judgment and Dismissal with Prejudice-Allergan 
2023.11.15-AR-Exhibit - Allergan Public Global Opioid Settlement Agreement 
 
See National Opioid Settlement’s State Participation Status (created and maintained by the Plaintiffs’ Executive Committee) for state-specific settlement agreements. 
 
2023.08.29-Allergan-Public Global Opioid Settlement Agreement 
2023.02.16-Allergan-Technical Corrections Memorandum 
2025.04.16-Allergan-Payment Flow 
2022.11.23-MA-Press Release 
2023.01.20-TX-Press Release 
2022.07.29-TX-Press Release 
7205/27/202512/9/20222022CVS Health Corporation, CVS Pharmacy, Inc.Consumer ProtectionDefective or Unsafe Products515000000000Pharmaceutical and Medicine ManufacturingThe company contributed to the opioid addiction crisis by failing to appropriately oversee the dispensing of opioids at its stores.

The settlement includes:

  • $4.9 billion to be divided by states that sign on, local governments, and tribes, which must be used to remediate the opioid crisis, including prevention, harm reduction, treatment, and recovery services.
  • The payments are structured to ensure critical support in early years as well as sustained resources over time. CVS’s payments will be spread over 10 years. If there is sufficient sign-on, payments will begin during the second half of 2023.
CVS has agreed to court-ordered injunctive relief that requires its pharmacies to monitor, report, and share data about suspicious activity related to opioid prescriptions.
CA, CO, CT, DE, IL, IN, IA, KY, LA, MA, NE, NY, NC, OH, PA, RI, TN, TXAL, AK, AS, AZ, AR, CA, CO, CT, DC, DE, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, VI, UT, VT, VA, WA, WI, WY

Florida settled separately with CVS for $440 million on March 29, 2022.
2022.03.29-FL-Settlement Agreement and Release

Maryland - Pending

Nevada settled separately with CVS for $151.9 million on May 16, 2023.
2023.05.15-NV-Press Release

 

New Mexico settled separately with Walmart, CVS and Albertson’s for $132 million on December 20, 2022.

West Virginia settled separately with CVS for $82.5 million on September 21, 2022.
2023.05.10-WV-Consent Judgment
Filed in separate state courts.Opioid prescription drugs2023.11.01-AR-Complaint2023.11.14-AR-Final Consent Judgment and Dismissal with Prejudice

See National Opioid Settlement’s State Participation Status (created and maintained by the Plaintiffs’ Executive Committee) for state-specific settlement agreements.

2022.12.09-CVS-Settlement Agreement
2023.02.03-CVS-Technical Corrections Memorandum
2025.04.15-CVS-Payment Flow
2022.12.12-NY-Press Release
7215/21/20252/23/20242024Hikma Pharmaceuticals PLC; Hikma Pharmaceuticals USA Inc.Consumer ProtectionDefective or Unsafe Products13150,000,000150,000,000Pharmaceutical and Medicine ManufacturingHikma produces a range of generic opioid products and sells hundreds of millions of opioid doses every year. The attorneys general allege that from 2006 to 2021, Hikma failed to monitor and report suspicious opioid orders from potentially illegal distributors, even while its personnel knew their systems to monitor suspicious orders were inadequate and prone to failure.The settlement in principle announced today will provide $115 million in cash and $35 million in opioid addiction treatment medication to resolve claims brought by states and local communities against Hikma. States that don’t accept the medication will receive cash in lieu of medication.CA, DE, NY, TN, UT, VACA, CO, DE, ID, IL, MA, NY, NC, OH, OR, TN, UT, VANoneFiled in separate state courts.Opioid prescription drugsPendingPending2024.02.01-NY-Press Release
7225/23/202511/22/20222022Teva Pharmaceutical Industries Ltd.; Teva Pharmaceuticals USA, Inc.; Cephalon, Inc.; Actavis LLC; Actavis Pharma, Inc.; Watson Laboratories, Inc. Consumer ProtectionDefective or Unsafe Products494250000000Pharmaceutical and Medicine ManufacturingTeva, an Israel-based drug manufacturer, promoted potent, rapid-onset fentanyl products for use by non-cancer patients, deceptively marketed opioids by overstating their benefits and downplaying the risk of addiction and failed to comply with suspicious order monitoring requirements.

The settlement includes: 

  • Teva will pay a maximum of $4.25 billion in cash over 13 years. This figure includes amounts Teva had already agreed to pay under settlements with individual States, funds for participating States and subdivisions, and $240 million of cash in lieu of product described below; and 
  • As part of the financial terms, Teva will provide up to $1.2 billion in generic naloxone over a 10-year period or $240million of cash in lieu of product, as each State may elect. Naloxone is used to counteract overdoses. 

 

Teva agreed to strict limitations on its marketing, promotion, sale, and distribution of opioids, including a ban on: (1) promotion and lobbying; (2) rewarding or disciplining employees based on volume of opioid sales; and (3) funding or grants to third parties; 

CA, IL, IA, MD, MA, NY, NC, PA, TN, TX, VT, VA, WI, AL, AK, AS, AZ, AR, CA, CO, CT, DC, DE, GA, GU, HI, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NM, NY, NC, ND, OH, OR, PA, PR, SC, SD, TN, VI, UT, VT, VA, WA, WI, WY

Florida settled separately with Teva for $177.1 million on March 29, 2022.  
2022.03.29-FL-Settlement Agreement and Release   

  

Louisiana settled separately with Teva on September 28, 2021, for $193 million in cash and $3 million worth of Narcan.   

 

Nevada settled separately with Teva for $193 million on June 7, 2023. 

 

Oklahoma settled separately with Teva for $85 million on May 26, 2019.   

 

Rhode Island settled separately with Teva for $21 million on March 21, 2022.    
2022.03.28-RI-Teva Rhode Island Statewide Opioid Settlement Agreement 
 

Texas settled separately with Teva on February 7, 2022, for $225 million in cash and $75 million worth of Narcan.   

  

West Virginia settled separately with Allergan and Teva for $161.5 million on May 25, 2022.   
2023.01.18-WV-Consent Judgment as to Teva 

 

Filed in separate state courts. Opioid prescription drugs 2023.11.14-AR-Complaint 2023.11.15-AR-Final Consent Judgment and Dismissal with Prejudice-Teva 
2023.11.15-AR-Exhibit - Teva Global Opioid Settlement Agreement 
 
See National Opioid Settlement’s State Participation Status (created and maintained by the Plaintiffs’ Executive Committee) for state-specific settlement agreements. 
 
2023.08.29-Teva-Global Opioid Settlement Agreement 
2023.02.08-Teva-Technical Corrections Memorandum 
2025.04.16-Teva-Payment Flow 
2022.11.03-NY-Press Release
7235/27/202512/9/20222022Walgreen Co.Consumer ProtectionDefective or Unsafe Products525700000000Pharmaceutical and Medicine ManufacturingThe company contributed to the opioid addiction crisis by failing to appropriately oversee the dispensing of opioids at its stores.

The settlement includes:

  • $5.52 billion to be divided by states that sign on, local governments, and tribes, which must be used to remediate the opioid crisis, including prevention, harm reduction, treatment, and recovery services.
  • The payments are structured to ensure critical support in early years as well as sustained resources over time. Walgreens’s payments will be spread over 15 years. If there is sufficient sign-on, payments will begin during the second half of 2023.
Walgreens has agreed to court-ordered injunctive relief that requires its pharmacies to monitor, report, and share data about suspicious activity related to opioid prescriptions.
, CA, CO, CT, DE, IL, IN, IA, KY, LA, MA, NE, NY, NC, OH, PA, RI, TN, TXAL, AK, AS, AZ, AR, CA, CO, CT, DC, DE, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, VI, UT, VT, VA, WA, WI, WY

Florida settled separately with CVS for $440 million on March 29, 2022. 
2022.03.29-FL-Settlement Agreement and Release 
 
Nevada settled separately with CVS for $151.9 million on May 16, 2023. 
2023.05.15-NV-Press Release 

 

New Mexico settled separately with Walmart, CVS and Albertson’s for $132 million on December 20, 2022. 

 

West Virginia settled separately with CVS for $82.5 million on September 21, 2022. 
2023.05.10-WV-Consent Judgment 

Filed in separate state courts.Opioid prescription drugsPending2023.10.26-AR-Final Consent Judgment and Dismissal with Prejudice 
 
See National Opioid Settlement’s State Participation Status (created and maintained by the Plaintiffs’ Executive Committee) for state-specific settlement agreements. 
 
2023.10.13-Walgreens-Settlement Agreement 
2024.04.16-Walgreens-Payment Flow 
2022.12.12-NY-Press Release
7255/20/20255/3/20242024Amneal Pharmaceuticals, Inc.Consumer ProtectionDefective or Unsafe Products270,000,000270,000,000Pharmaceutical and Medicine ManufacturingAmneal produces several generic opioid products. Amneal was one of the largest manufacturers of opioids from 2006 to 2019, selling nearly nine billion pills.Amneal agreed to pay $92.5 million in cash and provide $180 million worth of naloxone nasal sprays, valued at $125 per two-pack, over a 10-year period to help treat opioid overdoses. Alternatively, the settling parties could opt to receive cash payments for 25% of the product value — up to $45.0 million — during the last four years of the ten-year payment term., CA, DE, NY, TN, UT, VANoneFiled in separate state courts.Opioid prescription drugsPendingPending2024.05.03-IL-Press Release
2024.05.03-CA-Press Release
2024.05.03-NY-Press Release
7265/20/20257/26/20242024Indivior PLC; Indivior Inc.Consumer ProtectionDefective or Unsafe Products168600000086,000,000Pharmaceutical and Medicine ManufacturingIndivior produced buprenorphine-based products to treat opioid use disorder, which can feed opioid addictions when abused and cause further harm. Indivior inappropriately targeted its sales to dangerous prescribers – including doctors running pill mills. Indivior also failed to monitor suspicious orders, causing its products to be inappropriately prescribed and used to fuel, rather than treat, opioid addictions.The settlement in principle announced today will provide $86 million to participating states over five years, which will be used for opioid addiction treatment, recovery, and prevention programs.IL, NY, TN, UT, VA, CA, CO, DE, GA, ID, IL, IA, MA, NY, NC, OH, OR, TN, UT, VT, VANoneFiled in separate state courts.Opioid-use disorder treatment drugPendingPending2024.07.26-NY-Press Release
2024.07.26-CA-Press Release
7276/3/202511/4/20242024Kroger Co.Consumer ProtectionDefective or Unsafe Products311370000000Pharmaceutical and Medicine ManufacturingThe company contributed to the opioid addiction crisis by failing to appropriately oversee the dispensing of opioids at its stores.

The settlement includes:

  • Total Settlement Amount: Kroger has agreed to pay almost $1.4 billion, to settle these claims.
  • Funds for Opioid Abatement: A significant portion of the settlement funds, approximately $1.2 billion, is designated for participating states and subdivisions to address the impacts of the opioid crisis. This includes funding for programs focused on prevention, treatment, and recovery services.
  • Distribution to States and Tribes: The settlement money is distributed to participating states where Kroger operates, as well as to Native American tribes. The specific amount each state receives is determined by a formula considering factors such as overdose deaths, substance use disorder rates, opioid quantities distributed, and population.
  • Injunctive Relief: In addition to financial payments, Kroger has agreed to implement measures to improve its pharmacy practices, including monitoring, reporting, and sharing data related to suspicious opioid prescription activity.
  • Resolution of Claims: These settlements address the majority of opioid-related lawsuits brought against Kroger by states, counties, and Native American tribes. Kroger maintains that the settlements are not an admission of wrongdoing or liability.
  • Participation Process: The settlement involves two key steps for participation: states must decide whether to join, and eligible subdivisions within participating states must also opt-in to receive funds.
, CA, CO, IL, NC, OR, TN, VA, AZ, AR, CA, CO, DC, DE, GA, ID, IL, IN, KS, LA, MD, MI, MS, MO, MT, NE, NV, NC, OH, OR, SC, SD, TN, UT, VA, WA, WI, WYKentucky settled separately with Kroger for $110 million on January 9, 2025.

New Mexico settled separately with Kroger for $60 million on December 1, 2022.

Texas settled separately with Kroger for $83 million on November 14, 2024.

West Virginia settled separately with Kroger for $68 million on January 18, 2023.
Filed in separate state courts.Opioid prescription drugs
2025.01.14-AR-Complaint
2025.01.15-AR-Final Consent Judgment and Dismissal with Prejudice 
 
See National Opioid Settlement’s State Participation Status (created and maintained by the Plaintiffs’ Executive Committee) for state-specific settlement agreements. 
 
2024.11.04-Kroger-Settlement Agreement 
2023.09.08-Kroger-Statement of PEC on Agreement in Principle 
2024.06.07-Kroger-Statement of PEC on Settlement 
2024.11.04-AR-Press Release
2024.11.04-CA-Press Release
7295/19/20252/1/20242024Publicis Health, LLC Consumer ProtectionDefective or Unsafe Products55350000000350,000,000Advertising and Related Services

From 2010 through 2019, Publicis worked with Purdue Pharma to develop marketing campaigns and materials promoting opioids including OxyContin, Butrans, and Hysingla. Publicis was responsible for creating advertisements and materials, such as pamphlets and brochures, that promoted OxyContin as safe and unable to be abused, even though this claim was not true. In addition to the campaigns it created for Purdue Pharma, Publicis conspired with McKinsey & Company, Inc. (McKinsey) and Practice Fusion, Inc. (Practice Fusion) to push false and deceptive strategies to increase Purdue’s opioid sales. Publicis implemented Purdue Pharma’s predatory “Evolve to Excellence” scheme, developed by McKinsey, which targeted the doctors who prescribed the most OxyContin and flooded them with sales calls and marketing. These doctors would receive an increasing barrage of messaging touting the “abuse-deterrent” aspects of OxyContin and the so-called benefits of increasing patients’ dosages, often unnecessarily. This and other Publicis strategies were designed to deceptively expand the usage of opioids at higher doses for longer periods of time by more patients, regardless of whether some of those patients were not medically appropriate candidates for long-term opioid therapy. These aggressive marketing campaigns worked: they resulted in a dramatic rise in opioid prescriptions nationwide, which in turn caused a devastating rise in the prevalence of opioid abuse, addiction, and overdose deaths. 

The settlement agreement requires that Pubicis pay $350 million within 60 days to address the opioid crisis, and it prohibits Publicis from accepting any future contracts or engagements related to the marketing or sale of opioids. Publicis is also required to release hundreds of thousands of internal documents detailing its work for Purdue and other opioid manufacturers, as well as communications with consultants like McKinsey and Practice Fusion, to be included in an online document repository for the purposes of public disclosure., CO, NYAL, AK, AS, AZ, AR, CA, CO, CT, DC, DE, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, VI, UT, VT, VA, WA, WV, WI, WYFiled in separate state courts. Marketing of opioid prescription drugs 2024.02.01-AR-Complaint
2024.02.01-AR-Complaint Exhibits
2024.02.01-AR-Consent Judgment
2024.02.01-TX-Agreed Final Judgment
2024.02.01-NY-Press Release
7245/27/202511/14/20222022Walmart, Inc. Consumer ProtectionDefective or Unsafe Products523100000000Pharmaceutical and Medicine ManufacturingThe company contributed to the opioid addiction crisis by failing to appropriately oversee the dispensing of opioids at its stores. 

The settlement includes: 

  • $2.74 billion to be divided by states that sign on, local governments, and tribes, which must be used to remediate the opioid crisis, including prevention, harm reduction, treatment, and recovery services. 
  • The payments are structured to ensure critical support in early years as well as sustained resources over time. Most of Walmart’s amount will be paid during the first year If there is sufficient sign-on, payments will begin during the second half of 2023. 
  • Walmart has agreed to court-ordered injunctive relief that requires its pharmacies to monitor, report, and share data about suspicious activity related to opioid prescriptions.  
CA, CO, CT, DE, IL, IN, IA, LA, MA, NE, NY, NC, OH, PA, TN, TXAK, AS, AZ, AR, CA, CO, CT, DC, DE, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, VI, UT, VT, VA, WA, WI, WY

Alabama settled separately with Walmart for $44 million on November 7, 2022. 

 

Florida settled separately with Walmart for $215 million on October 19, 2022. 

 

New Mexico settled separately with Walmart, CVS and Albertson’s for $132 million on December 20, 2022. 

 

West Virginia settled separately with Walmart for $65 million on September 21, 2022. 

Filed in separate state courts. Opioid prescription drugs 2023.12.07-AR-Complaint
2023.12.07-AR-Complaint Exhibits
2023.12.11-AR-Final Consent Judgment and Dismissal with Prejudice

See National Opioid Settlement’s State Participation Status (created and maintained by the Plaintiffs’ Executive Committee) for state-specific settlement agreements.

2024.01.03-Walmart-Settlent Agreement 2023.02.07-Walmart-Technical Corrections Memorandum 2025.04.16-Walmart-Payment Flow
2022.11.15-NY-Press Release
7285/31/20252022National Opioid Settlement - McKesson, Cardinal, AmerisourceBergen, Janssen (Johnson & Johnson), Allergan, Teva, CVS, Walgreens, Walmart, KrogerConsumer ProtectionDefective or Unsafe Products5546420000000Pharmaceutical and Medicine Manufacturing

Manufacturing defendants used unfair and misleading marketing to convince both doctors and patients that opioids could safely be prescribed for common ailments that cause chronic pain.  

 Distributing defendants failed to monitor and report suspicious opioid orders. 

In 2021, nationwide settlements were reached to resolve all opioids litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors, McKesson, Cardinal Health, and AmerisourceBergen (“Distributors”) and against manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, “J&J”). These National Settlements have been finalized, and payments have already begun. In all, the Distributors will pay up to $21 billion over 18 years, and J&J will pay up to an additional $5 billion over no more than nine years. 

 

In late 2022, agreements were announced with three pharmacy chains—CVS, Walgreens, and Walmart—and two additional manufacturers—Allergan and Teva. In January 2023, each of those pharmacy chains and manufacturers confirmed that a sufficient number of states had agreed to the settlements to move forward. The 2022 National Settlements have now all been finalized. 

 

As was with the 2021 National Settlements, the greater the level of subdivision participation, the more funds will ultimately be paid out for abatement. The process by which subdivisions will receive funding for the 2022 National Settlements is currently being finalized. Assuming maximum participation, the 2022 National Settlements require: 

  • Teva to pay up to $3.34 billion over 13 years and to provide either $1.2 billion of its generic version of the drug Narcan over 10 years or $240 million of cash in lieu of product, as each state may elect; 
  • Allergan to pay up to $2.02 billion over 7 years; 
  • CVS to pay up to $4.90 billion over 10 years; 
  • Walgreens to pay up to $5.52 billion over 15 years; and 
    • Walmart to pay up to $2.74 billion in 2023, and all payments to be made within 6 years. 

     

    (These figures include amounts attributable to prior settlements between the Defendants and certain states/subdivisions and amounts for attorneys’ fees and costs.) 

     

    Under both the 2021 and 2022 National Settlements, at least 85% of the funds going directly to participating states and subdivisions must be used for abatement of the opioid epidemic, with the overwhelming bulk of the proceeds restricted to funding future abatement efforts by state and local governments. 

     

    In addition to providing billions of dollars for abatement, the settlements also impose changes in the way the settling defendants conduct their business. For example: 

    • The Distributors will create a groundbreaking clearinghouse through which they will be required to account not only for their own shipments, but also the shipments of the other distributors, in order to detect, stop, and report suspicious opioids orders; 
    • J&J (which ceased marketing Opioids in 2015 and ceased selling Opioids in 2020) will not market or sell any opioid products in the next ten years and has agreed to cease lobbying concerning prescription opioids for ten years; 
    • Teva and Allergan have agreed to strict limitations on their marketing, promotion, sale, and distribution of opioids, including a ban on: (1) promotion and lobbying; (2) rewarding or disciplining employees based on volume of opioid sales; and (3) funding or grants to third parties; and 
    • Walmart, CVS, and Walgreens are required to implement changes in how they handle opioids, including requirements addressing their compliance structures, pharmacist judgment, diversion prevention, suspicious order monitoring, and reporting on red-flag processes, as well as blocked and potentially problematic prescribers. 

     

    The 2021 and 2022 National Settlements are the culmination of many years of intense negotiations among representatives of the State Attorneys General, the court-appointed Plaintiffs’ Executive Committee and Negotiation Committee, which are comprised of lawyers in the National Prescription Opiate MDL who represent subdivisions, and counsel to the Settling Defendants. These negotiations were facilitated by Judge Dan Polster (who oversees the federal MDL litigation), by the Special Masters appointed by the MDL Court, and by experienced, neutral mediators. 

     

    For more information, please see National Opioid Settlement (created and maintained by the Plaintiffs’ Executive Committee) and National Opioid Settlements (created and maintained by Brown Greer) 

    , NC, TNAL, AK, AS, AZ, AR, CA, CO, CT, DC, DE, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, VI, UT, VT, VA, WA, WV, WI, WYSee company-specific cases.Filed in separate state courts. Opioid prescription drugsSee company-specific cases.See company-specific cases.
    See company-specific cases.
    7306/17/202510/17/20232023ACI Worldwide Corp., ACI Payments, Inc.Consumer ProtectionConsumer Protection Lending Practices5010,000,00010,000,000Banking, Insurance, and FinanceACI Payments, a subsidiary of ACI Worldwide, is a state-regulated money services business. Mr. Cooper offered ACI’s Speedpay product for its customers to schedule their monthly mortgage payments, enabling automatic transfers of authorized mortgage payments from their personal bank accounts to Mr. Cooper. Violations of state consumer protection and securities laws occurred when ACI Payments erroneously used live customer data in a test of its Speedpay platform, causing unexpected and sometimes multiple mortgage payments from customer accounts. In some cases, these transactions exposed consumers to overdraft or insufficient funds fees.

    Upon notification of the incident from ACI Payments, state regulators commenced a multistate money transmission investigation reviewing all aspects of the event, including investigating the facts and circumstances surrounding the erroneous transactions, evaluating consumer impact, analyzing the root cause of the incident, and evaluating the remedial steps taken by the company.
    Key aspects of the settlement with state regulators and attorneys general include:

    Risk and compliance programs – Maintain a comprehensive enterprise risk management program and a third-party risk management program tailored to the nature, size, complexity, and risk profile of ACI.

    Agreement monitoring – Regular reporting (for two years) to a state regulator monitoring committee to ensure both the adequacy of the risk management programs and compliance with the order.

    Administrative costs and penalties – Payment of $10 million in fines for administrative costs and penalties.
    Consumer Financial Protection Bureau, AL, AK, AZ, AR, CA, CO, CT, DC, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MT, NE, NV, NH, NJ, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WYNoneSeparately in state courtsMortgagesNot applicable - resolved via AVC/AVD

    2023.10.17-PA-Assurance of Voluntary Compliance
    2023.10.17-State Regulators-Settlement Agreement and Consent Order

    2023.10.17-PA-News Release

    7316/17/20257/24/20242024Baron App, Inc. D/B/A CameoConsumer ProtectionMarketing and Advertising30100,000100,000Advertising and Related ServicesIn 2020, Cameo, a platform where people can pay celebrities to record videos with scripted personal messages, launched a service called Business Cameo that allows companies to pay celebrities to record videos endorsing their products. The unlabeled Business Cameos appeared as regular videos of celebrities giving positive reviews of a product or service without disclosing that they were being paid to promote the product or service.  Cameo failed to implement measures to ensure those videos were properly disclosed as paid endorsements, which violated endorsement rules issued by the Federal Trade Commission (FTC) and state protection laws.Under the settlement, Cameo must pay $100,000 in penalties and implement programs to help ensure that all paid advertisements are properly labeled.  Cameo is required to set up policies and programs to help ensure users properly disclose all paid endorsements. This includes maintaining a watermark system to indicate a video was booked through Cameo, requiring acknowledgements from brands and celebrities that they must comply with rules and regulations around endorsements, creating a reporting system, and monitoring for noncompliance.FL, IL, NY, TXAL, AK, AR, CA, CO, FL, GA, HI, ID, IL, KY, LA, MI, MN, MT, NV, NH, NJ, NM, NY, NC, OH, OK, OR, PA, SD, TX, VA, WA, WINoneCelebrity Endorsements2024.07.24-NY-Assurance of Discontinuance2024.07.24-NY-Press Release
    7326/19/20256/19/20256/11/20242024Johnson & JohnsonConsumer ProtectionDefective or Unsafe Products43700000000698,944,6860Pharmaceutical and Medicine ManufacturingJohnson & Johnson (J&J) sold talc baby and body powder and similar products for over a hundred years. After the coalition of states began investigating, the company stopped distributing and selling these products in the United States and more recently ended global sales.

    Specifically, the states investigated whether J&J misrepresented the safety of its talc products, failed to disclose that asbestos was present in the talc, and failed to disclose that the asbestos in the talc is harmful and may lead to cancer.

    J&J’s talc products, including Johnson’s Baby Powder and Shower to Shower, were popular for decades. J&J sold over 600 million units nationwide just since 1992, and many millions more in prior decades. These products were marketed primarily to women as a means of absorbing moisture, preventing chafing, and/or preventing odor in the genital region. They were marketed as “safe” and “pure”—despite J&J knowing that it could not ensure the talc mined and used in its powders was free of asbestos.
    After four years of investigation, negotiation, and two unsuccessful bankruptcies, the participating state attorneys general and J&J reached a settlement and proposed consent judgment.

    Under the consent judgment, J&J:
    • Has ceased and not resumed the manufacturing, marketing, promotion, sale, and distribution of all baby and body powder products and cosmetic powder products that contain talcum powder, including, but not limited to, Johnson’s Baby Powder and J&J’s Shower to Shower (“Covered Products”) in the United States.
    • Shall permanently stop the manufacture of any Covered Products in the United States either directly, or indirectly through any third party.
    • Shall permanently stop the marketing and promotion of any Covered Products in the United States either directly, or indirectly through any third party.
    • Shall permanently stop the sale or distribution any Covered Products in the United States either directly, or indirectly through any third party.
    FL, NC, TXAL, AK, AZ, AR, CA, CO, CT, DC, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MT, NE, NV, NH, NJ, NY, NC, ND, OH, OK, OR, RI, SD, TX, UT, VT, VA, WA, WV, WIThe Mississippi Attorney General pursued similar claims against defendant in Mississippi v. Johnson & Johnson, Civil Action No. 25CH1:14-cv-001207, Chancery Court for the First Judicial District of Hinds County, Mississippi (Jackson).Filed in separate state courtsTalc baby and body powder2024.06.11-AR-Complaint
    2024.06.11-AR-Complaint Exhibits 1 and 2
    2024.06.11-FL-Agreed Final Judgment and Consent Decree
    2024.06.17-AR-Consent Judgment
    2024.06.11-CT-Press Release
    2024.06.11-FL-Press Release
    7346/24/20259/11/20232023Tempoe, LLCConsumer ProtectionConsumer Protection Lending Practices42350000001,000,00033,000,000Banking, Insurance, and FinanceTempoe’s marketing and sales practices misled consumers to believe they were signing up for an installment plan or credit sale when, in reality, they were entering into a lease agreement. The complicated structure, as well as the lack of required disclosures, of the lease agreements caused more confusion, often resulting in consumers paying 2-3 times the purchase price of the product or service.

    Tempoe is permanently banned from engaging in future consumer leasing activities. All existing leases will be canceled, and consumers may retain the leased merchandise in their possession without any further financial obligation to Tempoe – resulting in approximately $33 million of “in-kind” financial relief to consumers nationwide. Additionally, Tempoe shall not provide negative information regarding lessees to any consumer reporting agency.

     

    Consumers with existing leases do not need to take any action as Tempoe has automatically canceled their account(s) as a result of this settlement.

     

    Finally, as part of this settlement, Tempoe will pay $2 million: $1 million to the states and jurisdictions participating in this settlement and $1 million to the Consumer Financial Protection Bureau, which has agreed to a parallel settlement resolving the same alleged misconduct.

    Consumer Financial Protection BureauAK, AZ, AR, CO, CT, DC, DE, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NV, NH, NJ, NY, NC, ND, OH, OK, OR, PA, RI, TN, TX, UT, VT, VA, WA, WV, WINoneNoneConsumer Goods Leasing AgreementsNone2023.09.11-DC-Assurance of Voluntary Compliance2023.09.11-DC-News Release
    7346/24/20259/11/20232023Tempoe, LLCConsumer ProtectionConsumer Protection Lending Practices4235,000,0001,000,00033,000,000Banking, Insurance, and FinanceTempoe’s marketing and sales practices misled consumers to believe they were signing up for an installment plan or credit sale when, in reality, they were entering into a lease agreement. The complicated structure, as well as the lack of required disclosures, of the lease agreements caused more confusion, often resulting in consumers paying 2-3 times the purchase price of the product or service.

    Tempoe is permanently banned from engaging in future consumer leasing activities. All existing leases will be canceled, and consumers may retain the leased merchandise in their possession without any further financial obligation to Tempoe – resulting in approximately $33 million of “in-kind” financial relief to consumers nationwide. Additionally, Tempoe shall not provide negative information regarding lessees to any consumer reporting agency.

     

    Consumers with existing leases do not need to take any action as Tempoe has automatically canceled their account(s) as a result of this settlement.

     

    Finally, as part of this settlement, Tempoe will pay $2 million: $1 million to the states and jurisdictions participating in this settlement and $1 million to the Consumer Financial Protection Bureau, which has agreed to a parallel settlement resolving the same alleged misconduct.
    Consumer Financial Protection BureauAK, AZ, AR, CO, CT, DC, DE, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NV, NH, NJ, NY, NC, ND, OH, OK, OR, PA, RI, TN, TX, UT, VT, VA, WA, WV, WINoneNot applicable - resolved via AVC/AVDConsumer Goods Leasing AgreementsNone2023.09.11-DC-Assurance of Voluntary Compliance2023.09.11-DC-News Release