State Attorneys General

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This year, several state legislatures will consider bills to establish vapor product directories. Amid heightened scrutiny of illicit vapor products by the U.S. Food and Drug Administration (FDA), these product directory bills would create a mechanism for states to bar the sale of products that are not FDA-authorized or subject to a pending premarket application. Like state cigarette directories implemented in connection with the tobacco Master Settlement Agreement, these directories would specify which vapor products are permitted to be sold in the state.

While the federal government’s campaign against hidden “junk” fees intensifies, state attorneys general (AGs) have long been contesting concealed costs as unfair or deceptive — especially in the absence of sufficient disclosures. Energized by a surge in enforcement activity targeting junk fees, Massachusetts AG Andrea Campbell proposed new regulations aimed at prohibiting “junk fees” in Massachusetts. The term “junk fees” generally refers to additional charges imposed on consumers that are often unrelated to the actual cost of goods or services such as processing fees, convenience charges, or mandatory resort fees. Sometimes “junk fees” can also refer to a practice called “drip pricing” where a company advertises an initial low price to attract consumers but gradually reveals additional mandatory fees during the booking or purchasing process, providing the consumer with a false impression of the true cost.

On November 28, Massachusetts Attorney General (AG) Campbell reached an $8.75 million settlement with Rent-A-Center (RAC), the nation’s largest rent-to-own company specializing in consumer goods leases. The settlement aimed to resolve allegations that the company engaged in a pattern of unfair and deceptive practices against consumers in violation of Massachusetts consumer protection laws.

Oregon Attorney General (AG) Ellen Rosenblum is taking over the helm of a crucial national organization that supports the important work of AGs across America. Rosenblum was recently elected president of the National Association of Attorneys General (NAAG), a nonpartisan group that serves as a forum for collaboration and resource-sharing among the states’ top legal officers.

On the heels of its recent lawsuit filed against MC Solar, Florida Attorney General (AG) Ashley Moody filed two additional lawsuits against Vision Solar and SetUp My Solar for allegedly deceiving Floridians in violation of Florida’s Deceptive and Unfair Trade Practices Act. The lawsuits follow Moody’s investigations into the companies, which allegedly revealed that the companies misled consumers about solar panel system installation processes, pricing, and incentives, and caused property damage.

On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from DuPont’s Washington Works facility in Parkersburg, WV, right across the border from Washington County, OH.

A federal judge has denied the Gerald R. Ford International Airport Authority‘s attempt to move an environmental lawsuit to federal court to be filed by Michigan Attorney General (AG) Dana Nessel, alleging that per- and polyfluoroalkyl substance (PFAS) releases by the airport authority contaminated the regional drinking water supply.

Rhode Island Attorney General (AG) Peter F. Neronha and his office filed a motion on November 30, to amend and supplement their complaint against Smart Green Solar, LLC (Smart Green) and its CEO, Jasjit Gotra, for allegedly violating the Rhode Island Deceptive Trade Practice Act. The proposed amended complaint builds on the allegations the office made in June, identifies additional alleged illegal conduct, and adds two more company executives, Christopher Schiavone and George Nixon, as individually named defendants.