On February 9, Attorney General William Tong sued five Connecticut retailers for violating the state’s Unfair Trade Practices Act (UTPA) by selling allegedly illegal delta-8 tetrahydrocannabinol (THC) products, many of which mimicked snack foods and candies popular among youth.
Texas Attorney General Ken Paxton and Magellan Terminals Holdings LP settled Texas Clean Air Act violations claims, resulting from an alleged explosion and fire at the company’s Corpus Christi bulk petroleum facility. Magellan agreed to pay Texas $588,000 in civil penalties and $12,000 in attorney’s fees as part of the settlement.
On January 27, California Attorney General Rob Bonta announced an “investigative sweep” of businesses with mobile applications for allegedly failing to comply with the California Consumer Privacy Act (CCPA). This ongoing sweep targets popular mobile applications in the retail, travel, and food service industries that fail to offer a mechanism for consumers to opt out of data sales or that fail to process consumer opt-out requests, including requests submitted via an authorized agent like Permission Slip.
In January 2023, New York Attorney General Letitia James sent a letter to Madison Square Garden Entertainment Corporation (MSG), seeking information about its use of facial recognitional technology to prohibit ticketholders from entering its venues, such as Madison Square Garden and Radio City Music Hall. New York’s biometric identifier law requires companies using facial recognition technology to disclose the use to consumers. Madison Square Garden started using this technology in 2018 to identify security threats — a practice under prior scrutiny.
‘One-of-a-Kind’ Practice Celebrates Milestone Year, Launches New Client-Centered Site, troutmanpepperstateag.com
NEW YORK – Troutman Pepper’s nationally recognized State Attorneys General practice celebrates its 20th anniversary this year. The practice has become a go-to for clients seeking assistance with state attorneys general enforcement, litigation, and compliance matters, and is one of only five ranked nationwide by Chambers USA in the category. View an interactive site showcasing what makes it one of a kind.
In recognition of National Human Trafficking Month, state attorneys general nationwide took steps in January to raise awareness about human trafficking, educate the public about how to identify and prevent this crime, and utilize their offices’ resources and expertise to prosecute and prevent human trafficking. While numerous state and U.S. AGs take action year-round to rid the country of human trafficking, below find highlights of a few significant initiatives announced this month.
On January 26, Indiana Attorney General Todd Rokita issued a press release, endorsing Indiana House Bill 1008, which codifies Indiana Public Retirement System (INPRS) policy to prioritize the financial returns of public retirement funds ahead of environmental, social, and governance (ESG) corporate policies. While still in the House, legislators expect the bill to pass by its effective July 1 date.
On January 24, Attorney General Ken Paxton announced an investigation of California-based title security company Home Title Lock for potential violations of the Texas Deceptive Trade Practices Act. In its civil investigative demand (CID), the AG alleged the company may have misled consumers by making deceptive statements regarding its “home title monitoring and/or home title resolution services.”
As discussed here, on December 7, 2022, the Consumer Financial Protection Bureau (CFPB or Bureau) made a preliminary conclusion that a New York commercial financing law was not preempted by the Truth in Lending Act (TILA). The Bureau indicated it was also considering whether to make a preemption determination regarding similar state laws in California, Utah, and Virginia. On January 20, 2023, California Attorney General Rob Bonta submitted a letter to the CFPB agreeing with its preliminary determination that California’s Commercial Financing Disclosures Law (CFDL) is not preempted by TILA because the CFDL only applies to commercial financing and not to consumer credit transactions within the scope of TILA. Attorney General Bonta further urged the CFPB to “revisit the Federal Reserve Board’s (Board) vague and overbroad articulation of the TILA preemption standard. The CFPB should articulate a narrower standard that emphasizes that preemption should be limited to situations where it is impossible to comply with both TILA and the state law or where the state law stands as an obstacle to the full purposes TILA, which is to provide consumers with full and meaningful disclosure of credit terms in consumer credit transactions.”
In a video, Solicitor General Liz Baker Murrill (R) confirmed her candidacy for Louisiana attorney general. “Louisiana elects a new AG in 2023. Let’s go with our best advocate, the one protecting our families, our future, and our freedom,” a voiceover in the video said. According to her website, Murrill kept convicted criminals in prison, advocated for the unborn, fought tirelessly against federal overreach and invasive mandates, and argued five cases before the U.S. Supreme Court.