Gambling machines in Kentucky have recently come under increased scrutiny following the enactment of House Bill 594, which amended the definition of “gambling device” under Kentucky law, effective June of last year. The law significantly impacts the legality of certain gaming devices, requiring industry participants to adjust their product offerings within the state.Continue Reading Kentucky AG Clarifies Legal Status of Gray Machines and Risk-Free-Play Devices – Implications for the Industry
Troutman Pepper State Attorneys General Team
States Join Colorado in Defense of Interest Rate Opt-Out Law
On September 20, 13 states and Washington, D.C. joined Colorado in its appeal asking the Tenth Circuit to uphold a state law imposing more restrictive interest rate caps on loans from out-of-state banks to residents, arguing that U.S. District Judge Daniel D. Domenico’s injunction “disrupts [ ] careful Congressional balancing and will allow online lenders to flout usury laws.”Continue Reading States Join Colorado in Defense of Interest Rate Opt-Out Law
Wisconsin Joins 30-State Settlement in Landmark Unclaimed Property Case
In a significant development for state unclaimed property programs, Wisconsin has joined a bipartisan coalition of 30 states in reaching a settlement with Delaware, effectively concluding a long-standing dispute over unclaimed official checks issued by MoneyGram Payment Systems, Inc. (MoneyGram). This settlement follows a unanimous 2023 U.S. Supreme Court decision that ruled these checks are governed by the Federal Disposition Act.Continue Reading Wisconsin Joins 30-State Settlement in Landmark Unclaimed Property Case
Colorado AG Issues Advisory on Deepfakes Ahead of 2024 General Election
On September 9, Colorado Attorney General (AG) Phil Weiser issued a public advisory warning voters about the dangers of election misinformation and disinformation in the form of realistic-looking images, videos, and audio created using artificial intelligence (AI), known as “deepfakes.” The advisory follows the May 2024 enactment of HB24-1147, an act designed to prevent a broad range of actors from using deepfakes depicting candidates in political communications without properly disclosing the untruthful nature of the communication to voters.Continue Reading Colorado AG Issues Advisory on Deepfakes Ahead of 2024 General Election
Amendments Align Pennsylvania’s Breach Notification Law With Majority of States
Earlier this year, Governor Josh Shapiro signed amendments to Pennsylvania’s Breach of Personal Information Notification Act (BPINA) into law, which go into effect on September 26. As part of the implementation of these requirements, Pennsylvania Attorney General (AG) Michelle Henry announced the launch of an online portal for companies and other entities to report data breaches that impact more than 500 Pennsylvania residents. As with notification to impacted individuals, covered entities must notify the AG “without unreasonable delay.” This new requirement aligns Pennsylvania’s data breach notification law with the 35 states that have existing notice requirements for the applicable state regulator when a threshold number of state residents are impacted. Many of these states utilize a similar portal for submissions for ease of reporting.Continue Reading Amendments Align Pennsylvania’s Breach Notification Law With Majority of States
Colorado Argues for Expanded Application of State’s Consumer Protection Statute
In a recent amicus brief submitted to the Colorado Supreme Court, the Colorado Attorney General’s (AG) office has expressed its support for plaintiffs in a case that raises questions about the interplay between Colorado’s landlord-tenant laws and the Colorado Consumer Protection Act (CCPA). The case involves allegations that Home Partners Holdings LLC and its affiliates included illegal fees and provisions in their form leases, misleading tenants about their rights and obligations under Colorado law.Continue Reading Colorado Argues for Expanded Application of State’s Consumer Protection Statute
Enzo Biochem Inc. Reaches Settlement With Connecticut, New Jersey, and New York AGs Over 2023 Data Breach
Molecular diagnostics company Enzo Biochem, Inc. has reached settlements resolving investigations in relation to a 2023 data breach by the attorneys general (AG) for Connecticut, New Jersey, and New York. Enzo has agreed to pay the states a total of $4.5 million, as well as institute and maintain new data security protocols.Continue Reading Enzo Biochem Inc. Reaches Settlement With Connecticut, New Jersey, and New York AGs Over 2023 Data Breach
Ticketing Company Agrees to COVID-19 Customer Refunds
California Attorney General (AG) Rob Bonta has settled with StubHub, Inc. (StubHub) for alleged violations of the Unfair Competition Law and False Advertising Law. The complaint accuses StubHub of making misleading statements to induce the public to purchase tickets on its platform. Specifically, the complaint highlights StubHub’s “FanProtect” guarantee, which promised full refunds for canceled events — a promise that StubHub allegedly failed to honor during the COVID-19 pandemic.Continue Reading Ticketing Company Agrees to COVID-19 Customer Refunds
Battle Over Millions: North Carolina AG Fights to Keep Smithfield’s Environmental Funds From Schools
In a recent development, North Carolina Attorney General (AG) Josh Stein announced his intention to appeal a Wake County Superior Court decision regarding allocation of environmental grant funds from Smithfield Foods. The ruling, which favors redirecting these funds exclusively to public schools, has sparked a legal debate with significant implications for environmental initiatives and educational funding in the state.Continue Reading Battle Over Millions: North Carolina AG Fights to Keep Smithfield’s Environmental Funds From Schools
New Hampshire AG Files Criminal Charges Against Owner for CPA Violations
On August 20, New Hampshire Attorney General (AG) John Formella announced the arrest of Ricky Southers, the owner of Southers Construction, Inc., for allegedly violating the terms of an injunction issued under the state’s Consumer Protection Act (CPA). Earlier this year, Formella filed a civil complaint against Southers and his construction company, alleging numerous and repeated violations of the CPA. The court ordered a temporary restraining order, followed by an injunction, which imposed strict requirements on how Southers can operate his business in the state. Southers has been charged with criminal violations after allegedly failing to comply with the temporary restraining order and injunction.Continue Reading New Hampshire AG Files Criminal Charges Against Owner for CPA Violations