Troutman Pepper Locke State Attorneys General Team

On March 18, New Mexico Attorney General Raúl Torrez announced the state’s first-ever Civil Rights Division inside the AG’s office, broadly giving the AG investigative authority over state and local agencies to protect New Mexicans from civil rights inequities and injustices. With the passage of Senate Bill 426, New Mexico now joins other states nationwide already leveraging an active civil rights unit to safeguard their citizens’ rights.

On March 15, New York Attorney General Letitia James announced a settlement with Coldwell Banker for allegedly violating fair housing laws and discriminating against homebuyers of color. According to the settlement, Coldwell must pay $20,000 in penalties and $10,000 to Suffolk County to promote fair house enforcement and compliance. Coldwell also must provide fair housing training to its agents and install a form for discrimination complaints on its website.

On March 15, Colorado Attorney General Phil Weiser recorded the final version of the Colorado Privacy Act (CPA) Rules, granting Coloradans rights over their own personal data. Effective July 1, the CPA marks the third state to approve a general state privacy law, the second state to author related rules, and the nation’s first state to regulate automatic decision-making (i.e., profiling) and data protection assessments under a general state privacy law.

On March 7, Fishman Group PC President Marc Fishman pled no contest on behalf of the firm to stealing client assets by filing false proofs of service in collections cases. Previously, Michigan Attorney General Dana Nessel charged the Michigan collections law firm and its attorneys with one count of maintaining a criminal enterprise. Per the court order, the Fishman Group must pay nearly $150,000 in full restitution to all improperly garnished debtors.

On March 7, Colorado Attorney General Phil Weiser announced a permanent Department of Law Consumer Mediation Program after a yearlong successful pilot program. Considering the department’s high number of complaints — nearly 18,000 national complaints in 2022 — the new program will enable the department to oversee informal negotiations to help resolve more consumer-business disputes, thereby increasing customer satisfaction.

On March 1, Illinois Attorney General Kwame Raoul filed suit against Energy Acquisitions Group LLC (EAG), seeking compliance with a Special Assistant Attorneys General’s (SPAAG) investigative subpoena concerning deceptive business practices of the alternative retail energy supplier industry (ARES). AG Raoul strives to bar EAG from conducting business in the state of Illinois — at the very least until EAG complies with the subpoena.

On February 22, Texas Attorney General Ken Paxton (R) moved for a preliminary injunction as a next step after previously filing a multistate lawsuit against the Biden administration to stop a new Department of Labor (DOL) rule that allegedly prioritizes environmental, social, and governance (ESG) investing over traditional financial investment principles.

The U.S. District Court of Washington decided all bets are off for Maverick Gaming LLC regarding its challenge to tribal casinos. Last week, Judge David Estudillo dismissed Maverick’s suit, which challenged a state law permitting sports betting at tribal casinos and subsequent amendments to Washington’s tribal compacts effectuating the new bill’s provisions. As grounds for dismissal, the court cited Maverick’s failure to join Shoalwater Tribe — a necessary party — to the lawsuit.

On February 1, North Carolina Attorney General Josh Stein announced that his Medicaid Investigations Division reached a $500,000 settlement with Joint Active Systems, Inc. (JAS). The AG’s Medicaid Investigations Division “investigates and prosecutes health care providers that defraud the Medicaid program, patient abuse of Medicaid recipients … and misappropriation of any patients’ private funds in nursing homes receiving Medicaid funds.”