Minnesota Attorney General CID to Political Action Committee Not Preempted
Earlier this year, the U.S. Court of Appeals for the Eighth Circuit upheld the Minnesota Attorney General’s authority to investigate potential consumer violations by a federal political action committee (PAC), finding that Minnesota law was not preempted by the Federal Election Campaign Act (FECA). WinRed v. Ellison, No. 22-1238 (8th Cir. Feb. 7, 2023). WinRed…
New Jersey Attorney General Relationship to County Prosecutors and the Open Public Records Act
In the context of an open records lawsuit filed by the ACLU against the County Prosecutors Association of New Jersey (CPANJ), the New Jersey Superior Court analyzed the relationship between the attorney general of New Jersey and the county prosecutors to determine whether CPANJ was a public entity. ACLU v. County Prosecutors Ass’n, 2022 N.J….
Pennsylvania Attorney General May Take Litigation Position Different from State Agency, Ethics Rules Apply
In Synthes USA HQ Inc. v. Commonwealth, 2023 LEXIS 230, (Mar. 22, 2023), Pennsylvania’s Supreme court affirmed the authority of the Pennsylvania attorney general to take a position in litigation different from that of a state agency, while also providing a rare analysis of the application of attorney ethics rules to attorney general practice. The…
Supreme Court Report: Volume 30, Issue 11
Volume 30, Issue 11 This Report summarizes opinions issued on May 18, 2023 (Part I); and cases granted review on May 15, 2023 (Part II). Part I: Opinions Twitter, Inc. v. Taamneh, 21-1496. The Court unanimously held that Facebook, Twitter, and Google are not liable under 18 U.S.C. §2333(d)(2) to victims of an ISIS…
Rosenblum v. Living Essentials: A Victory for Oregon Consumers
On May 5, 2023, the Oregon Supreme Court issued a significant opinion affirming the Attorney General’s authority under Oregon’s Unlawful Trade Practices Act (UTPA) to take enforcement action against false and misleading marketing. State ex rel. Rosenblum v. Living Essentials, LLC, 371 Or. 23 (2023). The case is a long-running action against Living Essentials, makers…
Attorneys General Call on Congress to Pass the Combating Illicit Xylazine Act
Washington, D.C. – The National Association of Attorneys General (NAAG) today sent a letter on behalf of a bipartisan group of 39 state and territory attorneys general calling on Congressional leadership to pass the Combating Illicit Xylazine Act (H.R.1839/S.993). This Act would provide critical measures to combat the widespread illicit use and trafficking of xylazine…
Supreme Court Report: Volume 30, Issue 10
Volume 30, Issue 10 This Report summarizes opinions issued on May 11, 2023 (Part I). The Supreme Court Report is published biweekly during the U.S. Supreme Court Term by the NAAG Center for Supreme Court Advocacy. Part I: Opinions National Pork Producers Council v. Ross, 21-468. The Court affirmed a Ninth Circuit ruling that challengers to…
Attorneys General Urge Congress to Appropriate Funding for Legal Services Corporation
Washington, D.C. – On May 8, 2023, the National Association of Attorneys General (NAAG) sent a letter to leaders of the U.S. House and Senate Appropriations Committees urging them to allocate robust funding for the nonprofit Legal Services Corporation (LSC) in the FY2024 budget. LSC supports equal access to justice by awarding grants to nonprofit…
Attorneys General Urge Congress to Appropriate Funding for Legal Services Corporation
A bipartisan coalition of 37 state and territory attorneys general urge leaders of the U.S. House and Senate Appropriations Committees to allocate robust funding for the nonprofit Legal Services Corporation (LSC) in the FY2024 budget. LSC supports equal access to justice by awarding grants to nonprofit organizations that provide civil legal services to those in…
Federal Agency and Other Consumer Protection News: April 2023
Consumer Financial Protection Bureau The Consumer Financial Protection Bureau (CFPB) took action against the former executive officer of Integrity Advance, a short-term, online lender, James Carnes, and his wife Melissa, for allegedly hiding money through a series of fraudulent transfers in order to avoid paying more than $40 million in restitution and penalties for illegal…
