State Attorneys General

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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.

Missouri’s attorney general (AG) announced on X.com (formerly Twitter) that he is “issuing a rule requiring Big Tech to guarantee algorithmic choice for social media users.” [X.com post (January 17, 2025, roughly 3:35 p.m. EST)] He intends to use his authority “under consumer protection law,” known as the Missouri Merchandising Practices Act in that state, “to ensure Big Tech companies are transparent about the algorithms they use and offer consumers the option to select alternatives.” [x.com post] The Missouri AG touts this rule as the “first of its kind” in an “effort to protect free speech and safeguard consumers from censorship.” [Press release]

On January 9, New Jersey Attorney General (AG) Matthew J. Platkin and the Division on Civil Rights (DCR) launched a new Civil Rights and Technology Initiative aimed at addressing the potential for discrimination and bias associated with artificial intelligence (AI) and other decision-making technologies. The announcement is one of many recent examples of AG’s leading the development of AI regulation. The New Jersey initiative is informed by recommendations from Governor Phil Murphy’s Artificial Intelligence Task Force, which emphasized the need for public education on bias and discrimination related to AI deployment.

Published in Law360 on January 15, 2025. © Copyright 2025, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.

State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children’s internet safety, and other overall consumer protection claims.

The U.S. Supreme Court closed out 2024 by confirming states’ authority to regulate internet service providers. On December 16, 2024, the Court denied certiorari in New York State Telecommunications Association, Inc., et al. v. Attorney General Letitia James, Case No. 21-1975, allowing New York’s Affordable Broadband Act (ABA) to stand.

As one of her last acts in office, on December 24, 2024, Oregon Attorney General (AG) Ellen Rosenblum issued guidance for businesses deploying artificial intelligence (AI) technologies. The guidance highlights the risks associated with the commercial use of AI, and underscores that, despite the absence of a specific AI law in Oregon, a company’s use of AI must still comply with existing laws.