Troutman Pepper Locke State Attorneys General Team

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On August 16, a coalition of seven state attorneys general (AG) announced a settlement with participants alleged to be involved in a “massive” robocall operation. The stipulated order, which names Scott Shapiro, Michael T. Smith, Jr., and Health Advisors of America (defendants), permanently bans Shapiro and Smith from initiating or facilitating robocalls; working in or with companies that make robocalls; and engaging in telemarketing. The settlement also requires the defendants to make monetary payments to the coalition, which is comprised of AGs from the states of Arkansas, Indiana, Michigan, North Carolina, North Dakota, Ohio, and Texas (the AGs).

Massachusetts Attorney General (AG) Andrea Joy Campbell announced the creation of a new Elder Justice Unit, which will use existing resources to protect and promote the safety and well-being of elders through enforcement actions, legislative advocacy, and community engagement and education.

On August 18, 2023, a New York Supreme Court judge has enjoined New York cannabis regulators from further processing, approving, or investigating any new or pending applications for a state conditional adult-use retail dispensary (CAURD) license, leaving New York’s nascent adult-use cannabis market in limbo.

Public water utilities and 3M have until August 28 to respond to the bipartisan coalition of 22 state attorneys general (AGs) that opposes their proposed $12.5 billion class action settlement over alleged per- and polyfluoroalkyl substance (PFAS) contamination and is seeking to intervene in their litigation.

In August, District of Columbia Attorney General (AG) Brian Schwalb issued a Supplemental Business Advisory (advisory) to provide guidance and examples to restaurants for complying with their legal obligation under the District’s Consumer Protection Procedures Act (CPPA) to adequately disclose all fees, including service fees, to customers. See D.C. Code § 28-3901, et seq. The advisory clarifies that the CPPA does not prohibit restaurants from charging such fees or surcharges, but emphasizes that “these fees may violate the CPPA if they are not timely, prominently, and clearly disclosed to diners before they place their orders.”

On August 10, Michigan Attorney General (AG) Dana Nessel issued a press release to report the success of the new Unlicensed Builders Pretrial Diversion Program that was launched in February. AG Nessel launched the new program to promote licensing compliance, ensure restitution to victims, and efficiently resolve cases of Michigan consumer complaints of harm caused by unlicensed builders in the state.

On August 15, New York Attorney General (AG) Letitia James announced a settlement with Avis Budget Group Inc. (Avis Budget), for allegedly denying car rentals to customers who did not possess a credit card. Under the terms of the settlement, Avis Budget will pay $275,000 in civil penalties, and will update its relevant employee training.

On August 7, California Attorney General Rob Bonta led a coalition of five state attorneys general (AGs) in filing an amicus letter concerning a proposed class action settlement between DuPont, Chemours, and Corteva, and water providers for $1.185 billion. The AGs contend the settlement amount is far too low given the scope of environmental contamination and health impacts caused by Dupont’s decades-long manufacture and sale of per- and polyfluoroalkyl substances (PFAS) compounds.

On August 7, Nebraska Attorney General (AG) Mike Hilgers and Iowa AG Brenna Bird joined forces to sue the Biden administration’s Environmental Protection Agency (EPA) for failing to fulfill the request by Iowa and Nebraska governors to allow the sale of year-round E15 gasoline.