State Attorneys General

Even as states continue to pass comprehensive privacy laws, Attorneys General remain active enforcing their data breach laws and utilizing their deceptive trade practice authority in the privacy space.  Just last week, 46 State AGs signed on to a settlement, which took the form of an Assurance of Voluntary Compliance, with international cruise corporation Carnival

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

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

In late January, Georgia Attorney General Chris Carr reached a settlement with Rent-A-Center regarding a variety of alleged deceptive practices in its rent-to-own business, including in its debt collection and general disclosure practices.  Maybe you’re thinking, “I’m not in the rent-to-own business, so why is this case important to me?”  AG Carr’s settlement, which took

(Un) Check Your Checkboxes- States not Preempted by FECAOn January 26, Minnesota Federal District Court Judge John Tunheim dismissed a pending action for declaratory relief brought by WinRed, Inc., seeking to enjoin an ongoing consumer protection investigation brought by the Attorneys General of Minnesota, New York, Connecticut, and Maryland.  This decision highlights two important points regarding State Attorneys General (AGs): 1) their consumer protection laws are rarely found to be subject to broad federal preemption, and 2) they often can’t be hauled into other states, even if operating as a multistate.

The AG Investigation and WinRed’s Lawsuit

In April of last year, the AGs sent a letter to WinRed identifying certain fundraising practices they alleged were misleading, including the use of pre-checked boxes that would obligate donors to a recurring donation.  The AGs noted their significant experience in dealing with “negative option” marketing, a subject we have previously identified as a focus for State AG enforcement.  The use of pre-checked boxes is a red flag for States, even those without a specific statute regarding auto-renewals, as they can assert the practice is a deceptive act under their general UDAP laws.
Continue Reading (Un) Check Your Checkboxes: States not Preempted by FECA

Taking State AGs’ Temperature on Covid TestsConsumers across the country have been scrambling to get their hands on convenient and quick at-home Covid tests for weeks as the Omicron variant surge has gripped the country. With President Biden’s recent announcement that insurance plans will cover the costs of certain at-home Covid tests that started January 15 and the rollout of hundreds

In guidance released last week, the New York State Office of the Attorney General urged businesses to incorporate safeguards to detect and prevent credential-stuffing attacks in their data security programs.  The guidance stemmed from the AG’s finding that 1.1 million customer accounts at “well-known” companies appeared to have been compromised in credential-stuffing attacks.

Credential stuffing