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Supreme Court Allows Creditors to Retain Assets Lawfully Seized Prior to Bankruptcy

By Karen Cordry February 9, 2021

The Supreme Court's recent decision in City of Chicago v. Fulton addressed issues of interest to states and municipal creditors.

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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Glasses on top of book
  • Consumer Protection

Attorney General Consumer Protection News: April 2021

Multistate Actions Led by Illinois Attorney General Kwame Raoul, North Carolina Attorney General Josh Stein, and Tennessee Attorney General Herbert H. Slatery III, a bipartisan coalition of 45 attorneys general called on Twitter, eBay, and Shopify and online mobile market place OfferUp to act immediately to prevent people from selling fraudulent CDC vaccination cards on…

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Headshot of Laura McFarlane
  • Consumer Protection

Consumer Chief of the Month: Laura E. McFarlane, Assistant Attorney General, Deputy Director, Public Protection Unit, Wisconsin Department of Justice

I am honored to be featured as the NAGTRI Center for Consumer Protection’s Chief of the Month. I was born and raised in Madison, Wisconsin. While I realize now how lucky I was to be raised here, at the time I graduated from high school, I was very much ready to leave Wisconsin. After graduating…

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money bag
  • Consumer Protection

Restitution: The Superior Remedy

In most consumer fraud cases, restitution is the optimal remedy, serving the two-fold purposes of restoring consumers and deterring businesses from engaging in unlawful acts and practices. State attorneys general may sometimes settle matters without obtaining restitution for a variety of reasons, some of which are addressed below. However, prioritizing restitution begets important recoveries for…

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COVID-19 vaccine cards
  • COVID
  • Public Health

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

Here in the U.S., average daily rates of COVID-19 vaccines administered has increased from 2.5 million in March to a peak of 3+ million in April. On April 28, the U.S. reached over 234.6 million total doses administered with 98 million persons (29.5% of the total U.S. population) fully vaccinated (i.e., having received either both…

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Photo of President with Minnesota Attorney General in 1963
  • AG History

Walter Mondale: Remembering the 42nd U.S. Vice President and 23rd Minnesota Attorney General

On April 19, Walter Mondale passed away at the age of 93. Prior to serving as President Carter’s vice president, President Clinton’s ambassador to Japan, and a U.S. senator from Minnesota for twelve years, Mondale’s first foray into public office came in 1960 when he was appointed Minnesota attorney general. Just two years later, he…

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powers and duties, attorney general powers
  • Powers and Duties

Attorney General Powers and Duties: Arizona Attorney General May Bring Statutory, but not Constitutional Claims Against State Agency

The Arizona attorney general, like those in a few other states, does not have common law authority, and the Arizona constitution provides that the powers and duties of the attorney general “shall be as prescribed by law.”1 Arizona statutes establish the Department of Law and provide that the department “shall . . . [a]t the…

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man wearing face mask, displays seriousness of covid-19 pandemic
  • COVID
  • Public Health

COVID-19 Vaccines and Effective Communications Strategies

The U.S. distribution of safe and efficacious vaccines to prevent COVID-19 has increased exponentially since December 2020. The average daily rates of vaccines administered in the U.S. has reached 3.3 million in April. On April 14, the U.S. reached more than 194.8 million total doses administered with 76.7 million persons (23.1% of the total U.S….

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Federal Communications Commission building
  • Consumer Protection

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

Consumer Financial Protection Bureau The Consumer Financial Protection Bureau (CFPB or Bureau) sued payment processor BrightSpeed Solutions Inc. and its former CEO Kevin Howard for supporting Internet-based tech-support scams. The CFPB alleges the defendants knowingly processed more than $71 million in payments for clients who tricked consumers, often older Americans, into purchasing expensive and unnecessary…

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Headshot of Phil Carlson, Nebraska Attorney General's Office
  • Consumer Protection

Consumer Chief of the Month: Phil Carlson, Assistant Attorney General, Nebraska Attorney General’s Office

I want to begin this month’s “Chief of the Month” section by saying that I take great joy in my family and to thank them publicly for their willingness to tag along with me in this crazy journey I’m going to tell you about. My wife, Jean, is a stay-at-home mom who wrangles me, our…

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stack of papers inside binder next to a calculator
  • Consumer Protection

The Impact of Recent Tax Law Changes on Consumer Protection Settlements

On January 14, 2021, the IRS promulgated final regulations in connection with the tax laws and reporting requirements found in 26 U.S. Code § 162(f) and 26 U.S. Code § 6050X which impact consumer protection settlements and state attorney general offices. These final regulations, found at 26 C.F.R. § 1.162-21 and 26 C.F.R. § 1.6050X-1,…

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