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, 2022, 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…
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…
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…
Attorney General Consumer Protection News: April 2023
Multistate Actions California Attorney General Rob Bonta led a multistate coalition of attorneys general demanding a recall of the theft-prone Hyundai and Kia automobiles. In the letter to National Highway Traffic Safety Administration (NHSTA), the 18 states urged NHTSA to take immediate action by instituting a recall of the allegedly unsafe Hyundai and Kia vehicles, whose easily-bypassed…
Supreme Court Report: Volume 30, Issue 9
Volume 30, Issue 9 This Report summarizes cases granted review on April 24 and May 1, 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: CASES GRANTED REVIEW Loper Bright Enterprises v. Raimondo, 22-451. The Court limited the grant…
State Auditor May Not Retain Outside Counsel without Attorney General Approval or Opportunity to Represent Agency
State agencies in Mississippi may not retain private attorneys without first seeking representation from the attorney general, according to the Mississippi supreme court in White v. Jernigan Copeland Attys., PLLC, 346 So. 3d 887 (Miss. 2022). In 2012, Mississippi’s State Auditor entered into a memorandum of understanding with a law firm, retaining them for the…
Supreme Court Report: Volume 30, Issue 8
Volume 30, Issue 8 This Report summarizes opinions issued on April 14, 18, and 19, 2023 (Part I); and cases granted review on April 17, 2023 (Part II). 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 New York v. New…
Plain Language: Lawmakers’ Preferred Solution
Plain language requires drafting documents so readers will understand the intended message. Nationally and internationally, lawmakers are turning to plain language more often. Legislatures, regulators, and courts alike are voluntarily implementing plain language into their operations or requiring plain language from others. As a result, attorney general offices face plain language on three fronts: (1)…
Federal Agency and Other Consumer Protection News: March 2023
Consumer Financial Protection Bureau The Consumer Financial Protection Bureau (CFPB) took action against Portfolio Recovery Associates, one of the nation’s largest debt collectors, for violating a 2015 CFPB order and engaging in other violations of law. The CFPB filed a proposed order that would require Portfolio Recovery Associates to pay more than $12 million to…