Attorney General Consumer Protection News: May 2023
Multistate Actions Led by Arizona Attorney General Kris Mayes, Indiana Attorney General Todd Rokita, North Carolina Attorney General Josh Stein, and Ohio Attorney General Dave Yost, a bipartisan coalition of 49 attorneys general filed a multistate enforcement action against Avid Telecom, a Voice over Internet Protocol (VoIP) service provider. The lawsuit alleges that Avid Telecom and its…
Federal Agency and Other Consumer Protection News: May 2023
Consumer Financial Protection Bureau The Consumer Financial Protection Bureau (CFPB) ordered OneMain Financial, an installment lender, to pay $20 million in restitution and penalties for allegedly refusing to refund interest charges to 25,000 customers who cancelled their purchases within an advertised “full refund period.” OneMain also allegedly deceived borrowers about needing to purchase add-on products…
May Consumer Protection Chief of the Month
I was excited to join the Arizona Attorney General’s office, starting in February 2023 as the new Consumer Protection and Advocacy Section Chief Counsel in the new administration of Attorney General Kris Mayes. With prior experience in the AG’s Consumer Protection Section, it has been exciting to rejoin the mission of protecting the people of…
Supreme Court Report: Volume 30, Issue 12
Volume 30, Issue 12 This Report summarizes opinions issued on May 25 and June 1, 2023 (Part I); and cases granted review on June 5, 2023 (Part II). Part I: Opinions Sackett v. Environmental Protection Agency, 21-454. By a 5-4 vote, the Court held that the Clean Water Act (CWA) covers wetlands only when they…
The Uniform Law Commission Seeks Input for Study Committee on Cybercrime
While the Uniform Law Commission (ULC) is best known for drafting and enacting uniform state laws dealing with commercial transactions, real property, family, and trust and estates law, it has also focused on criminal law statutes in areas where uniformity is important and practicable. Recently, the ULC has drafted and enacted the Uniform Pretrial Release…
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…
