NAAG is seeking articles from the attorney general community and academia to publish in the Attorney General Journal. View the submission guidelines to learn more.

Interpreting Elder Exploitation Data in the Age of a Global Pandemic

By Bereket Tesfu March 16, 2021

Older Americans are being victimized by fraudsters at a higher rate during the pandemic. What can we learn from the data of elder exploitation?

Cloud with lock and computers on top of code
  • Consumer Protection
  • Cybersecurity and Privacy

Improving Cybersecurity By Applying Consumer Protection Laws to Software

When a plane crashes because its aircraft control software has been incorrectly coded, the software manufacturer may be liable for damages. However, when a computer software application is incorrectly coded, leading to a major cyber-attack and interruption of international commerce, the vendor company which created the software almost never incurs liability. Why? Would amending consumer…

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Person putting money into donation jar
  • Charities
  • Consumer Protection

Federal Consumer Protection News and Other Items of Interest: May 2021

Federal Consumer Protection News President Biden issued an Executive Order on Improving the Nation’s Cybersecurity following the ransomware attack on the Colonial Pipeline which led to the pipeline shutting down and declarations of emergency and gasoline supply shortages in some states. The order declared that “the prevention, detection, assessment, and remediation of cyber incidents is a top…

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Counterfeit Goods warning sign, human trafficking prosecutors
  • Consumer Protection

Attorney General Consumer Protection News: May 2021

Multistate Actions Led by Massachusetts Attorney General Maura Healey, Nebraska Attorney General Doug Peterson, Tennessee Attorney General Herbert H. Slatery III, and Vermont Attorney General T.J. Donovan, a bipartisan coalition of 44 attorneys general urged Facebook to abandon its launch of Instagram Kids, a social media platform for children under the age of 13. The…

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headshot of Brandon Garod
  • Consumer Protection

Consumer Chief of the Month: Brandon Garod, New Hampshire Attorney General’s Office

As I have only been New Hampshire’s Consumer Chief for a little over two years, I have not yet had the opportunity to meet many of you. I am hoping that as life starts to return to normal, our ability to congregate and learn from shared experiences will return as well, and I will be…

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Judge's desk with legal book, scales of justice, and a gavel
  • Consumer Protection

Using UDAP in an Action Against the Manufacturers of the Antiplatelet Medication Plavix

In 2014, the State of Hawai‘i sued the manufacturers of the antiplatelet medication Plavix in state court for violating Hawaii’s unfair or deceptive trade practices act, chapter 480, Hawai‘i Revised Statutes (“UDAP”). After a four-week, virtual, non-jury trial concluded in November 2020, the Hawai‘i trial court entered judgment awarding more than $834 million in civil…

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chemical formula to represent synthetic nicotine
  • Public Health
  • Tobacco and E-cigarettes

Determining Synthetic Nicotine’s Place in the Tobacco and Nicotine Regulation Landscape

Synthetic nicotine, sometimes referred to as “tobacco-free nicotine,” is a man-made chemical version of nicotine that is not derived from tobacco. Recently, several synthetic nicotine products have entered the market and, with them, questions on how they will be regulated. The U.S. Food and Drug Administration (FDA) regulates all products that are “made or derived…

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road signs indicating different directions for bad and good credit
  • Consumer Protection

Risk-Based Pricing and the Role of State Attorneys General in Enforcement

Risk-based pricing is a practice in which a business charges consumers who are a greater credit risk more money for the same goods or services provided to other consumers who are less risky.1 Risk-based pricing is used in many industries, including insurance and banking, but the focus of this article is its use in consumer…

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man using hand sanitizer in vehicle
  • Public Health

Current Status of COVID-19 Vaccines Rollout Nationwide: May 2021 Update for the Attorney General Community

Here in the U.S., average daily rates of COVID-19 vaccines administered has decreased from a peak of 3.3 million on April 11 to 1.8 million in May. Approximately 1.3 million people per day are achieving fully vaccinated status (i.e., having received either both doses of Pfizer/BioNTech or Moderna vaccine or one dose of the Johnson…

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substance use, opioids
  • Opioids
  • Substance Use

Recent Congressional Action on Substance Use and What to Expect this Year

On Capitol Hill, there has been a flurry of activity on legislation related to expanding access to medication for opioid use disorder treatment, extending the classification of illicit fentanyl analogues as Schedule I under the Controlled Substances Act (CSA), and removing barriers to financial services for cannabis-related businesses. As the 117th Congress continues, below is…

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Person with hand on bible and hand raised giving oath, consumer testimony
  • Anticorruption
  • Criminal Law

Subpoenaing Out of State Witnesses

Introduction Can a prosecutor in State A, who has brought charges against a defendant in a State A court, compel an important out-of-state witness, W, to leave State B to testify in the State A trial? If so, how? The answer is yes, by using the Uniform Act to Secure the Attendance of Witnesses from…

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powers and duties, attorney general powers
  • Powers and Duties

Cases Discuss Criminal, Charitable, and Common Law Jurisdiction of State Attorneys General

Several recent cases have addressed the jurisdiction of state attorneys general in the areas of criminal law, charitable oversight, and common law powers. In a case involving the criminal jurisdiction of both the federal and the territorial courts in the Virgin Islands, the territorial court (Superior Court) held that the attorney general of the Virgin…

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US Capitol Building, seat of the federal government
  • Consumer Protection
  • Veterans and Military

Federal Consumer Protection News and Other Items of Interest: April 2021

The US Supreme Court ruled against the FTC in AMG Capital Management LLC v. FTC, holding that Section 13(b) of the FTC Act does not permit the FTC to seek and does not allow courts to award “equitable monetary relief such as restitution or disgorgement.” FTC Acting Chairwoman Rebecca Kelly Slaughter issued a statement criticizing…

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