- This week in a new blog post, Maria Colsey Heard and Ann-Marie Luciano discuss the National Association of Attorneys General (вЂњNAAGвЂќ) 2016 Spring Consumer Protection Seminar, held in Washington, D.C. The semi-annual occasion received customer security staff from AG workplaces in the united states that are accountable for starting and conducting investigations and litigations under statesвЂ™ broad unjust and misleading trade methods legislation.
Briefing by Cozen OвЂ™ConnorвЂ™s State AG Practice Users
- Cozen OвЂ™ConnorвЂ™s State AG Practice customers Maria Colsey Heard and Sean Riley briefed attendees at an ongoing appropriate education occasion hosted by ALM, the publisher associated with the National Law Journal, The United states Lawyer, as well as other appropriate news sources. The briefing, en titled вЂњState Attorneys General Investigations and Enforcement,вЂќ included info on types of AG customer security authority, current AG actions within the aspects of Medicaid fraudulence and privacy, and advice on how to handle it whenever an organization gets an AG subpoena.
2016 AG Elections
Cozen OвЂ™ConnorвЂ™s State AG Practice Co-Hosts Teleconference regarding the 2016 AG Elections
- Earlier in the day this week, Bernard Nash and Lori Kalani, Co-Chairs of Cozen OвЂ™ConnorвЂ™s nationwide recognized State AG Practice, shared their insights and prognostications from the ten 2016 state AG elections (5 incumbents, 5 available seats), as an element of Cozen OвЂ™Connor Public waysвЂ™ series of briefings regarding the 2016 presidential election.
- To listen to a recording of this briefing, follow this link.
Customer Financial Protection Bureau
Arkansas Attorney General Requests the CFPB Hold a gathering About Recent Proposed Federal Rule Modifications
- Arkansas AG Leslie Rutledge delivered a page into the customer Financial Protection Bureau (вЂњCFPBвЂќ) asking for that the agency hold a seminar associated with states to talk about the agencyвЂ™s proposal for managing a wide range of financial loans, including lines of credit, installment loans, deposit advances, automobile-title secured finance, and pay day loans.
- Within the page, AG Rutledge states that the CFPB proposition вЂњignores the passions for the states and seeks to impose a one-size-fits-all federal approach.вЂќ AG Rutledge writes that the proposed regulations would conflict with, constrict, and otherwise needlessly restrict current state customer security guidelines, lending criteria, licensing systems, and enforcement that is regulatory.
- The page urges the CFPB to convene a seminar associated with the states to go over these problems prior to taking action that is further asserting that a meeting associated with the states would offer a chance to talk about different state regulatory and enforcement systems, exactly just just just what states have discovered from their particular efforts to safeguard customers, and just how prospective federal-state conflict could be prevented.
California Attorney General Sues Computer Computer Software Company for Allegedly Offering Prohibited Gambling Devices
- Ca AG Kamala Harris filed an issue against pc pc software provider Pong advertising & Promotions Inc. (вЂњPongвЂќ) for presumably breaking state unlawful and unjust competition laws and regulations by participating in unlawful gambling.
- In line with the AGвЂ™s workplace, PongвЂ™s computer computer software presumably had been utilized in computer gambling products in вЂњsweepstakesвЂќ cafes across the continuing state, which, in accordance with the AGвЂ™s workplace, run as mini-casinos. Following the Ca Supreme Court ruled that the products were unlawful, Pong allegedly modified its computer computer pc computer software in order that users could redeem money rewards by executing the вЂњskillвЂќ of pressing a mouse to prevent a going cursor within a specified time frame. Generally speaking, games of ability are exempt from CaliforniaвЂ™s gambling laws and regulations.
- The AGвЂ™s grievance seeks injunctive relief and around ten dollars million in charges.
FTC Settles with Supplement Marketers for Allegedly advertisements that are deceptive
- The Federal Trade Commission (вЂњFTCвЂќ) reached money with Lunada Biomedical, Inc. as well as its officers over allegations the organization violated the FTC Act making use of unsubstantiated claims to market that is deceptively health supplement.
- In line with the amended grievance, Lunada presumably made unsubstantiated claims that health supplement Amberan alleviates every typical manifestation of menopause and causes dieting, and presumably additionally neglected to reveal consumer endorsers to their relationship and falsely stated high customer satisfaction and success prices.
- Beneath the regards to the proposed order that is stipulated Lunada must spend $250,000 of a suspended $40 million judgment, and it is forbidden from, on top of other things, making claims that a health supplement treats particular outward indications of menopause, causes losing weight, or treats any infection unless they will have peoples clinical assessment enough to substantiate such claims.
Texas Attorney General Reaches Payment with PayPal Over Privacy and Protection Disclosures
- Texas AG Ken Paxton settled with PayPal, Inc. over allegations PayPal violated the Texas Deceptive Trade methods Act by failing continually to show users of its cell phone cash transfer application just exactly just how usersвЂ™ private information could be utilized and provided.
- In payday loans with bad credit Iowa line with the AGвЂ™s workplace, PayPalвЂ™s money that is mobile application Venmo presumably utilized consumersвЂ™ phone contacts without plainly disclosing the way the connections will be utilized, failed to obviously reveal just exactly how consumersвЂ™ deals and interactions along with other users could be provided, and misrepresented that communications from Venmo had been really off their Venmo users.
- Beneath the regards to the settlement, PayPal decided to spend $175,000 into the State of Texas and enhance its disclosures to consumers regarding privacy and protection.
Nyc Attorney General Sues Pizza Delivery Chain as well as its Franchisees for Alleged Underpayment of Wages
- Nyc AG Eric Schneiderman filed case against DominoвЂ™s Pizza, Inc., DominoвЂ™s Pizza LLC and DominoвЂ™s Pizza Franchising LLC (collectively, вЂњDominoвЂ™sвЂќ), also three DominoвЂ™s franchisees, over allegations they violated state work rules by underpaying pizza distribution employees.
- In line with the petition, the three franchisees underpaid pizza delivery employees by failing woefully to spend the appropriate minimum wage and overtime prices, and failing woefully to acceptably reimburse employees with regards to their distribution costs. In line with the AGвЂ™s workplace, the so-called underpayments had been mainly because of a pc system that DominoвЂ™s allegedly urged franchisees to utilize for payroll, which under-calculated gross wages.
- The petition additionally alleges that DominoвЂ™s is in charge of the underpaid wages being an employer that is joint of franchisee employees. Based on the AGвЂ™s Memorandum of Law to get the petition, DominoвЂ™s is just an employer that is joint it exercised an вЂњunusually advanced level of control over worker conditions,вЂќ and played a task in evoking the wage violations.
Nyc Attorney General Settles with Diy Stores Over Alleged Violations of State Law Protecting Ny Waters
- Nyc AG Eric Schneiderman joined into two split settlements because of the Home Depot, Inc. and LoweвЂ™s Residence Centers, LLC to solve allegations which they did not show lawn that is phosphorus-containing in a way needed by state legislation.
- brand New YorkвЂ™s Nutrient Runoff Law, meant to reduce water air air air pollution brought on by extra phosphorus running off yards into Ny waters, requires merchants to produce yard fertilizers containing phosphorous individually from those who are phosphorus-free, also to create signs that notify consumers in regards to the appropriate restrictions on making use of lawn fertilizer that is phosphorus-containing. In line with the AGвЂ™s workplace, Residence Depot and LoweвЂ™s had been commingling phosphorous-containing fertilizers with phosphorus-free fertilizers within their shows and failing woefully to show the signage that is required breach of state legislation.
- Based on the settlements, Residence Depot can pay $78,000 and LoweвЂ™s can pay $52,000 in charges to New York State. The settlements further require both merchants to carry their shops in ny into full conformity with all the Nutrient Runoff Law.
- In-may 2015 the AG reached money with Wal-Mart Stores, Inc. involving allegations that are similar.