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Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Senior Associate Beth Chun and Abby Stempson, Director of the Center for Consumer Protection, National Association of Attorneys General (NAAG) presented State Attorneys General 101. This webinar covered the basics of State AG consumer protection powers, what to expect if you find yourself a

Last week, 40 State Attorneys General entered into a settlement with Ford Motor Company related to its substantiation of payload capacity claims on certain Super Duty pickup trucks and the fuel economy of certain C-Max hybrids.  Ford is paying $19 million to the participating States, plus $200,000 in costs.  The settlement itself is pretty straightforward

In addition to announcing a new COPPA policy statement and related “crackdown” on children’s privacy issues (discussed here) in its most recent open meeting, the FTC also proposed changes to the FTC’s Endorsement Guides.  The changes would build on and expand previous guidance, including by expressly extending liability to endorsers, intermediaries, and platforms

At this week’s Spring National Association of Attorneys General Consumer Protection Conference, State AG staff gathered to discuss multistate investigations, enforcement priorities, and recent challenges.  The introductory panel of the public portion of the conference featured State AGs Herbert Slatery (Tennessee), Kwame Raoul (Illinois), and John Formella (New Hampshire) discussing some of their priorities as

Earlier this week, 50 states and D.C. obtained a $141 million settlement with Intuit related to its advertising of free and freemium TurboTax products. This settlement, which took the form of an Assurance of Voluntary Compliance (a special kind of settlement authorized by many state unfair and deceptive trade practice laws), concluded a three year

In a major development, the States of Missouri, Montana, and Texas have announced their withdrawal from the National Association of Attorneys General (NAAG).  For several months, there have been increasing rumblings from certain states over questions and concerns about the organization, leading to this significant announcement.  The long term impact of this announcement, however, remains

As we’ve discussed in recent posts, State Attorneys General often take positions on important consumer protection policy issues through a joint letter from the National Association of Attorneys General, often referred to as a “NAAG letter.”  This leads to the inevitable question – what is NAAG and what does it do?  As former State

Remington recently agreed to a groundbreaking $73 million settlement of claims brought by families of Sandy Hook school shooting victims. Notably, the plaintiffs secured this settlement by deploying consumer protection claims, which are exempted from the otherwise broad immunity provided to firearm manufacturers under the Protection of Lawful Commerce in Arms Act (“PLCAA”).

Attorneys General now appear to be pursuing a similar strategy of using consumer protection laws against firearm manufacturers, including by using their authority to investigate the companies’ internal files. For example, litigation concerning the New Jersey Attorney General’s subpoena to Smith & Wesson demonstrates how AGs will seek to use their consumer protection investigative powers in this area and further how courts in response will continue to grapple with the intersection between consumer protection law, the PLCAA, and the Second Amendment.

On October 13, 2020, the New Jersey Attorney General served an investigative subpoena to Smith & Wesson pursuant to its authority under the New Jersey Consumer Fraud Act (“CFA”).The New Jersey Division of Consumer Affairs’ preliminary investigation suggested the company’s advertisements to New Jersey residents “may misrepresent the impact owning a firearm has on personal safety and/or safety in the home.” The Agency also noted that certain of the manufacturer’s advertisements “market the concealed carry of firearms while omitting the material fact that, in New Jersey, concealed carry of a firearm requires a permit.”
Continue Reading After Remington Settlement, Attorneys General Aim To Press Forward With Consumer Protection Investigations of Firearms Manufacturers