State Attorneys General

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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.”

In this episode of Regulatory Oversight, Chuck Slemp is joined by New Hampshire Attorney General (AG) John Formella to discuss his journey to becoming New Hampshire’s AG. Formella highlights his career in private practice, his role as legal counsel to Governor Chris Sununu, and his eventual appointment as AG in 2021. As the new president of the National Association of Attorneys General (NAAG), Formella outlines his initiative to combat substance abuse and drug trafficking, emphasizing bipartisan collaboration and support for law enforcement. He also addresses emerging issues such as elder abuse, data privacy, civil rights, and mental health.

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.

Published in Law360 on January 22, 2025. © Copyright 2025, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.

In the first installment of this two-part article, state attorneys general across the U.S. took bold action in 2024 to address what they perceived as unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children’s internet safety, and other overall consumer protection claims.

Comprehensive Guide Offers Insights Into Enforcement Actions, Challenges, and Priorities

Ashley L. Taylor, Jr., co-leader of Troutman Pepper Locke’s nationally ranked State Attorneys General Practice, co-edited a new book published by the American Bar Association titled Consumer Protection: Understanding Enforcement Actions Brought by State Attorneys General. Given the growing regulatory power of state attorneys general in highly regulated industries, companies are at risk of bet-the-company government investigations, enforcement actions, and high-stakes litigation.