Troutman Pepper Locke State Attorneys General Team

On February 4, a Vermont Superior Court judge entered a judgment of over $2.7 million against Phoenix Counseling & Wellness, PLC (Phoenix), and the company’s owner for alleged violations of the Vermont False Claims Act (VFCA). Vermont Attorney General (AG) Charity Clark and her office’s Medicaid Fraud and Residential Abuse Unit (MFRAU) received complaints regarding the quality of care and maintenance of patient treatment records by Phoenix.

The U.S. Department of Justice (DOJ) and 18 state attorneys general (AG) announced a settlement with Boston-based QOL Medical, LLC (QOL) and its CEO, Frederick Cooper, to resolve allegations that the company provided unlawful kickbacks to health care providers. Under the terms of the settlement, QOL and Cooper agreed to pay $47 million to resolve allegations that QOL manipulated health care providers into prescribing a drug called Sucraid — an FDA-approved therapy for a rare genetic disorder, Congenital Sucrase-Isomaltase Deficiency (CSID). Regulators alleged that QOL and Cooper violated the Anti-Kickback Statute and federal and state False Claims Acts.

Given the future uncertainty of the Consumer Financial Protection Bureau’s (CFPB) efforts to regulate bank overdraft fees, New York’s Department of Financial Services (DFS) has stepped in to fill a perceived gap. The DFS announced proposed regulations to tackle what it perceives as unfair overdraft fees. The proposed regulations will “ensure consumers will no longer be burdened with overdraft fees for minor transactions and require banks to provide timely notifications to consumers about overdraft fees to improve transparency.”

AUSTIN  Luis A. Reyes, a regulatory attorney and former high-ranking government official, has joined Troutman Pepper Locke as a partner in its nationally recognized Regulatory Investigations, Strategy and Enforcement (RISE) Practice Group. With more than two decades of experience providing counsel to clients and public service at the White House, Department of Justice, and other federal and state agencies, Reyes bolsters the firm’s service offerings in Texas and nationally.

On January 16, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued “Antitrust Guidelines for Business Activities Affecting Workers” (2025 Guidelines). The 2025 Guidelines aim to “promote clarity and transparency” in demonstrating how the agencies identify certain business activities that may violate the antitrust laws. The 2025 Guidelines are intended to replace the 2016 “Antitrust Guidance for Human Resource Professionals,” (2016 Guidelines).

Washington Attorney General (AG) Nick Brown secured a $3.75 million settlement with Puppyland, known for selling purebred and mixed breed puppies, over unlawful advertising and sales practices. The settlement resolves a lawsuit filed by former AG Bob Ferguson, addressing multiple violations under the state’s Consumer Protection Act. The complaint alleged that Puppyland misrepresented the breeding standard of puppies sold; failed to honor advertised health guarantees; channeled customers into loans with interest rates approaching 200% “without adequate time to review and understand the terms;” and used nondisparagement provisions in their purchase agreements that restricted truthful online reviews.

State attorneys general (AGs) continue to play a pivotal role as innovators, shaping the regulatory environment by leveraging their expertise and resources to influence policy and practice. The public-facing nature of AG offices across the U.S. compels them to respond to constituent concerns on abbreviated timetables. This political sensitivity, combined with the AGs’ authority to address both local and national issues, underscores their significant influence in the current regulatory environment.

In a recent interview, Karen White, the executive director of the Attorney General Alliance (AGA), discussed the organization’s impactful partnership with PBS, its involvement in the Bipartisan Leadership Project, and its proactive stance on artificial intelligence (AI). Originally a regional group, the AGA has grown into a significant force addressing complex issues through bipartisan collaboration and innovative partnerships.

West Virginia Attorney General (AG) Patrick Morrisey announced a total $17 million settlement agreement with pharmaceutical companies, Pfizer and Ranbaxy after more than a decade of litigation regarding the companies’ alleged “pay-for-delay” antitrust violations related to the cholesterol drug, Lipitor.

Missouri’s attorney general (AG) announced on X.com (formerly Twitter) that he is “issuing a rule requiring Big Tech to guarantee algorithmic choice for social media users.” [X.com post (January 17, 2025, roughly 3:35 p.m. EST)] He intends to use his authority “under consumer protection law,” known as the Missouri Merchandising Practices Act in that state, “to ensure Big Tech companies are transparent about the algorithms they use and offer consumers the option to select alternatives.” [x.com post] The Missouri AG touts this rule as the “first of its kind” in an “effort to protect free speech and safeguard consumers from censorship.” [Press release]