As we have previously reported, State Attorneys General have joined other enforcers in addressing the latest AI technology. At the recent 2023 NAAG Consumer Protection Spring Conference, two separate panels discussed how the AGs are focusing on AI.
When asked about concerns with AI, New Hampshire Attorney General Formella explained that technology often moves
Last week, State AG executives and consumer protection staff gathered for the 2023 NAAG Consumer Protection Spring Conference. After a warm welcome to Florida by John Guard, Chief Deputy Attorney General in Florida, first on the agenda was the much-anticipated discussion with Attorney General John Formella of New Hampshire and AG executives Lacey Mase, Chief
Our State AG webinar series continues with Connecticut Attorney General William Tong and Chief of the Privacy Consumer Protection Section Michele Lucan. During our webinar, the Connecticut AG’s office described their structure and the tools available to them to enforce the state’s consumer protection laws. In particular, as the fifth state to pass comprehensive privacy legislation, AG Tong highlighted the AG office’s privacy priorities and agenda which we will focus on here in Part I. We will explore the more general consumer protection topics in Part II. In case you missed it, here is a recording of the webinar.
While the Connecticut Unfair Trade Practices Act (CUTPA – Connecticut’s UDAP law) is broad and robust, in the privacy and cybersecurity space, the AG has additional authority derived from specific state laws such as the Data Breach Notification law and Connecticut’s Data Privacy Act (CTDPA). General Tong noted Connecticut’s dedication to enforcing consumer protection, as it relates to privacy, traces back to at least 2011 when it was the first state to create the Privacy Task Force and eventually a standalone Privacy Section in 2015.
Enforcing the CTDPA
AG Tong noted that the CTDPA reflects a “philosophical judgment of Connecticut to return rights and power of authority to consumers regarding their Personal Information.” As we have previously reported, the CTDPA provides for several rights such as the right to access, right to portability, right to correct mistakes, right to deletion, and the right to opt out of targeted advertising, sale, and profiling of personal data.
Continue Reading State AGs and Consumer Protection: What We Learned from . . . Connecticut Part I
Enforcement in the telehealth space continues – this time with a bipartisan settlement between 11 State AGs and Visibly (f.k.a. Opternative), a vision telehealth company. Unlike recent telehealth settlements where enforcers focused on consumer privacy, the State AGs focused on whether the company’s claims about its products and services, including its online vision tests, were
This week, State AGs and their staff gathered to participate in the annual National Association of Attorneys General AG Symposium, where they discussed topics such as leadership, relationships with prosecutors, and Supreme Court updates. One of the most topical panels was a discussion of “Regulating Algorithms – The How and Why” moderated by Natalie Hanlon
While it may be common knowledge for many that state attorneys general (State AGs) bring enforcement actions under state consumer protection laws, it is likely less well-known that the State AGs also serve a role under the Class Action Fairness Act (CAFA). State AGs typically receive notice through CAFA as “appropriate state officials” if the
Our State AG webinar series continues, this time with Ohio Attorney General Dave Yost and Chief of the Consumer Protection Section Melissa Wright. During our webinar, the Ohio AG’s office highlighted its consumer protection work as it relates to veterans and its Robocall Enforcement Unit. In case you missed it, here is a recording of
This week, 22 State AGs led by Wisconsin, sent Hyundai and Kia a letter criticizing the companies’ lack of anti-theft immobilizers and use of a customer service campaign instead of a recall to address the problem. The letter blames the car makers for “lack of responsibility for the crisis” of car thefts with “alarmingly high
As we have discussed, most consumer protection laws give attorneys general broad authority to perform pre-litigation discovery through investigative subpoenas, often termed “civil investigative demands” (CIDs). Many attorneys general can also require sworn statements and answers to interrogatories pursuant to this statutory authority. Businesses should be aware (and beware) that failure to comply with
Our State AG webinar series continues, this time with Consumer Protection Division Director Kevin Anderson and Deputy General Counsel Daniel Mosteller of the North Carolina Attorney General’s Office (NC AGO). During our webinar, we learned about the office’s structure, consumer protection work as it relates to public health issues, and the tools they have pursuant to the consumer protection laws of North Carolina. In case you missed it, here is a recording of the webinar. We have also recapped what we learned below.
General Office Information
North Carolina elects its attorney general (AG) during the same cycle as the US presidential election. The AG oversees the Consumer Protection Division which also handles antitrust and charities matters. The division has approximately 20 attorneys, plus other staff members. The NC AGO promotes a “two-way dialogue” which takes place between the attorneys in the division and the front office to determine the office’s consumer protection priorities. The AG will set an agenda based on constituent needs. In parallel, the division continually works to spot new consumer protection issues to bring to the AG’s attention.
The NC AGO receives consumer complaints about a range of unfair or deceptive acts conducted within the state. Consumers can file complaints with the office, which in turn, sends the complaints to the businesses at issue, asking for their voluntary response, with the ultimate goal of resolving disputes. Complaint specialists handle these complaints, assisting consumers and businesses with the process, and logging complaints into a database so that the office can keep an eye on trends and issues that need investigating. Last year, the office received over 20,000 written consumer complaints—a large increase compared to ten years ago.
Continue Reading State AGs and Consumer Protection: What We Learned from ….North Carolina
