State Attorneys General

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Earlier this year, Governor Josh Shapiro signed amendments to Pennsylvania’s Breach of Personal Information Notification Act (BPINA) into law, which go into effect on September 26. As part of the implementation of these requirements, Pennsylvania Attorney General (AG) Michelle Henry announced the launch of an online portal for companies and other entities to report data breaches that impact more than 500 Pennsylvania residents. As with notification to impacted individuals, covered entities must notify the AG “without unreasonable delay.” This new requirement aligns Pennsylvania’s data breach notification law with the 35 states that have existing notice requirements for the applicable state regulator when a threshold number of state residents are impacted. Many of these states utilize a similar portal for submissions for ease of reporting.

In a recent amicus brief submitted to the Colorado Supreme Court, the Colorado Attorney General’s (AG) office has expressed its support for plaintiffs in a case that raises questions about the interplay between Colorado’s landlord-tenant laws and the Colorado Consumer Protection Act (CCPA). The case involves allegations that Home Partners Holdings LLC and its affiliates included illegal fees and provisions in their form leases, misleading tenants about their rights and obligations under Colorado law.

On September 4, Texas Attorney General (AG) Ken Paxton filed a lawsuit against the Department of Health and Human Services (HHS) Office for Civil Rights (OCR), challenging two key Health Insurance Portability and Accountability Act (HIPAA) rules — the 2000 Privacy Rule and the newly implemented 2024 Privacy Rule. These rules were enacted to protect the privacy of individuals’ protected health information (PHI) under HIPAA. Texas argues that these rules unlawfully limit state investigators’ ability to access PHI, impeding the enforcement of state laws.

Molecular diagnostics company Enzo Biochem, Inc. has reached settlements resolving investigations in relation to a 2023 data breach by the attorneys general (AG) for Connecticut, New Jersey, and New York. Enzo has agreed to pay the states a total of $4.5 million, as well as institute and maintain new data security protocols.

The New York Voting Rights Act‘s (NYVRA) preclearance section takes effect on September 22, 2024. The new rule requires covered jurisdictions to seek “preclearance” of certain covered policy changes to their election and redistricting procedures from the New York Office of the Attorney General (AG) or an appropriate court. The public comment period on the AG’s proposed preclearance rule is closed and resulted in the AG adopting the proposed rule as final without substantive changes. The final rule further clarifies the standards and processes for obtaining preclearance and will be published in the State Register on September 11, 2024.

On August 27, the New Jersey Attorney General (AG) and the Division of Consumer Affairs announced that the state had issued notices of violation and $4,500 civil penalty demands to 19 retailers across New Jersey for allegedly selling banned flavored vapor products. This is New Jersey’s first public enforcement of the state’s 2020 flavor ban, and New Jersey joins a number of other state AGs taking similar action across the U.S.

California Attorney General (AG) Rob Bonta has settled with StubHub, Inc. (StubHub) for alleged violations of the Unfair Competition Law and False Advertising Law. The complaint accuses StubHub of making misleading statements to induce the public to purchase tickets on its platform. Specifically, the complaint highlights StubHub’s “FanProtect” guarantee, which promised full refunds for canceled events — a promise that StubHub allegedly failed to honor during the COVID-19 pandemic.

In a recent development, North Carolina Attorney General (AG) Josh Stein announced his intention to appeal a Wake County Superior Court decision regarding allocation of environmental grant funds from Smithfield Foods. The ruling, which favors redirecting these funds exclusively to public schools, has sparked a legal debate with significant implications for environmental initiatives and educational funding in the state.

On August 20, New Hampshire Attorney General (AG) John Formella announced the arrest of Ricky Southers, the owner of Southers Construction, Inc., for allegedly violating the terms of an injunction issued under the state’s Consumer Protection Act (CPA). Earlier this year, Formella filed a civil complaint against Southers and his construction company, alleging numerous and repeated violations of the CPA. The court ordered a temporary restraining order, followed by an injunction, which imposed strict requirements on how Southers can operate his business in the state. Southers has been charged with criminal violations after allegedly failing to comply with the temporary restraining order and injunction.