A bipartisan coalition of 18 state attorneys general (AGs) led by Connecticut AG William Tong has signed an amicus brief urging the U.S. Supreme Court to overrule its 1972 Flood v. Kuhn decision and revoke the immunity from federal and state antitrust laws that the Court has uniquely granted to professional baseball for more than a century.
On October 19, Ohio Attorney General (AG) Dave Yost filed a joint motion to enter into a consent order with two Columbus, OH properties, Garrison Southfield Park, LLC, and Olymbec USA LLC, settling claims that Garrison and Olymbec were in violation of Ohio’s hazardous waste pollution control laws. The consent order requires the two property owners to pay a $250,000 civil penalty and properly close the cleaned-up sites.
On October 17, following Washington Attorney General (AG) Bob Ferguson’s unsuccessful consumer protection action against thrift store chain, Savers Value Village Inc. (Savers), the Washington Superior Court of King County granted Savers’ motion for attorney’s fees and costs in the amount of $4.3 million. This substantial award — which is allowable under the Washington Consumer Protection Act (WA CPA) — represents a substantial recoupment of Savers’ attorneys’ fees spent to defend the almost decade-long litigation.
On October 17, 52 state and territorial attorneys general, in addition to state money transmission regulators, entered into settlements amounting to more than $20 million with ACI Worldwide (ACI), to resolve claims involving a money transmission error that led to the unauthorized withdrawal of $2.3 billion from Nationstar Mortgage (also known as Mr. Cooper) customers.
Rutters, a prominent grocery chain in Pennsylvania with 80 locations statewide, settled a data breach investigation with Attorney General (AG) Michelle Henry’s office by agreeing to pay $1 million and to implement certain injunctive relief. Henry announced the settlement on Wednesday, October 11, following a months-long data breach lasting from 2018 to 2019 that potentially exposed the payment card data of 1.3 million Pennsylvania consumers.
On October 5, Arkansas Attorney General (AG) Tim Griffin issued an enforcement advisory to Arkansas solar installation companies. The letter outlines solar installation companies’ legal obligations under the Arkansas Deceptive Trade Practices Act. Specifically, Griffin expresses concern over companies’ “predatory sales tactics” and deficient contracts.
On August 9, District of Columbia Attorney General Brian L. Schwalb issued a Supplemental Business Advisory regarding restaurants’ obligation to properly disclose service fees and charges to diners. The advisory comes after the Office of the Attorney General’s (OAG) March 2023 consumer alert providing guidance on unlawful restaurant fees.
In September, the U.S. Food and Drug Administration (FDA) issued two new rounds of warning letters to online retailers, manufacturers, and distributors for reportedly selling or distributing unauthorized e-cigarette products. Notably, FDA’s most recent letters target several popular disposable flavored products, including Elf Bar, EB Design, Lava, Cali, Bang, and Kangertech, which FDA states are particularly appealing to youth. FDA also sought civil money penalties against 22 retailers for failing to comply with prior warning letters and, for the first time, sought the maximum penalty allowed by law.
Four state attorneys general (state AGs) – Colorado, Oregon, Pennsylvania, and Texas – have announced resolutions with Choice Hotels International, Inc. (Choice Hotels), a prominent hotel conglomerate known for operating brands like Quality Inn, Sleep Inn, and Econo Lodge related to the company’s practice of charging hidden “resort” fees.
As the end of fiscal year 2023 approaches, the potential for a shutdown looms due to Congress not passing necessary spending bills. Our partners provide guidance for government contractors on mitigating economic risks in the event of a shutdown. Key steps include preparing and updating an inventory of open contracts and agreements, seeking specific instructions from the contracting officer in writing, and setting up new cost pools to track costs related to the shutdown. Contractors are advised to keep accurate records of decisions, instructions, and costs incurred during the shutdown to maximize recovery potential. Upon the end of the shutdown, contractors should assess and quantify increased costs and seek recovery where economically viable.