ARTICLE
13 November 2024

State AG Blog Updates: October 17 – 30, 2024

CM
Crowell & Moring LLP

Contributor

Our founders aspired to create a different kind of law firm when they launched Crowell & Moring in 1979. From those bold beginnings, our mission has been to provide our clients with the best services of any law firm in the world through a spirit of trust, respect, cooperation, collaboration, and a commitment to giving back to the communities around us.
Each week, Crowell & Moring's State Attorneys General team highlights significant actions that State AGs have taken.
United States California Connecticut Idaho Kentucky Massachusetts Minnesota New Jersey New York North Carolina Washington Wisconsin District of Columbia Consumer Protection

Each week, Crowell & Moring's State Attorneys General team highlights significant actions that State AGs have taken. See our State Attorneys General page for more insights. Here are last week's updates.

Multistate

  • A bipartisan, nationwide task force of 51 state attorneys general sent a letter to iDentidad Advertising Development LLC, which also does business as iDentidad Telecom, alerting the company that it is transmitting suspected illegal robocalls, including calls that impersonate governmental bodies. The company is subject to legal action if it does not cease routing illegal robocalls, and has also received a cease-and-desist letter from the Federal Communications Commission.
  • A coalition of 24 state attorneys general filed an amicus brief with the U.S. Supreme Court, supporting the Affordable Care Act's preventative care mandate, which requires private insurers to cover a list of preventative services at no cost to consumers. A Texas district court ruled that this requirement was unconstitutional in March 2023, and the Fifth Circuit partially upheld the ruling in June 2024. The coalition is arguing that the preventative healthcare mandate has significant benefits for public health.
  • A coalition of 20 state attorneys general filed a lawsuit against a Centers for Medicaid and Medicare Services rule that would require nursing homes to have 24 hours of continuous staffing, increase the staffing ratio, and create new reporting requirements. The coalition is arguing that the new rule goes beyond the agency's authority and will cause nursing homes to go out of business.
  • A coalition of 19 state attorneys general filed an amicus brief in the United States Court of Appeals for the Seventh Circuit, defending the Department of Housing and Urban Development's Discriminatory Effects Rule, which helps protect homeowner rights to equitable access to insurance. The coalition is asking the Seventh Circuit to reject a homeowner insurance industry challenge to the rule, which supports fair and non-discriminatory practices.
  • A coalition of 18 state attorneys general filed an amicus brief in the United States Court of Appeals for the Fourth Circuit case Bryant v. Stein, seeking to protect access to the medical abortion drug mifepristone in North Carolina. The coalition is arguing that the Fourth Circuit should uphold the District Court's finding that North Carolina may not impose restrictions on access to mifepristone that the FDA has determined are not necessary for patient safety.
  • A coalition of 24 state attorneys general filed an amicus brief in the United States Court of Appeals for the Ninth Circuit to uphold the district court's preliminary injunction blocking Idaho's restrictive abortion ban, which does not include an exception for emergency abortion care in U.S. v. Idaho. The coalition argues that preventing pregnant patients from receiving abortion care violates the Emergency Medical Treatment and Labor Act (EMTALA).

California

  • California Attorney General Bonta announced the recipients of the California Department of Justice's Proposition 56 Tobacco Grant Program, which awarded 76 local government agencies with more than $28.5 million to support efforts to reduce illegal tobacco sales to underage youth. The 2024-2025 fiscal year focused on retail enforcement and education, and will fund flavor ban efforts, retailer education programs, retail license inspections, and other activities.

Connecticut

  • Connecticut Attorney General Tong announced a $500,000 settlement with fraud detecting company Guardian Analytics, Inc. and its successor Actimize, Inc., resolving an investigation into Guardian Analytics' violation of state privacy and consumer protection laws following a data breach. In addition to the penalty payment, the companies are required to bolster their cybersecurity practices and policies.
  • Connecticut Attorney General Tong announced a $20,000 settlement with solar installer referral company EnergyBillCruncher.com, resolving allegations that the company made false social media claims about the state government paying for solar installations in a short time frame. In addition to the penalty, the company must cease its misleading marketing, including misuse of the state seal, and inform its affiliates about these terms.

District of Columbia

  • Washington D.C. Attorney General Schwalb announced a settlement with New Bethel Baptist Church Housing Corporation, Inc. and Evergreen 801 RI Apartments LLC, owners of apartment building Foster House, resolving a lawsuit filed to protect tenants because of illegal and dangerous conditions. The settlement requires New Bethel and Evergreen to preserve at least 76 affordable units at Foster House for 30 years, pay at least $1.65 million to the District and tenants, forgive all back rent, and repay the District over $700,000 from emergency repairs.
  • Washington D.C. Attorney General Schwalb announced a settlement with Universal Title after an investigation found that the company engaged in a title insurance kickback scheme. The investigation found that Universal Title provided real estate agents discounted ownership interests in profit-sharing entities designed to incentivize business referrals. Universal Title's actions were allegedly in violation of the District's Consumer Protection Procedures Act and the settlement agreement requires Universal Title to pay $500,000 penalty to the District and end the practice of providing real estate agents with consideration for referrals.

Kentucky

  • Kentucky Attorney General Coleman announced a proposed settlement with Columbia Gas of Kentucky, which would protect consumers from utility rate increase. Under the settlement, Columbia Gas agreed to a single-digit increase, promised not to seek additional increases for at least two years, and will contribute over $171,000 to a Winter Care Assistance Program over three years.

Massachusetts

  • Massachusetts Attorney General Campbell announced that her office issued citations against menswear company Joseph Abboud Manufacturing Corp. and its president and vice president for violating state employment laws by failing to make timely payments and issue the appropriate paystubs. The citations include restitution for impacted workers and penalties of over $218,300.

Minnesota

  • Minnesota Attorney General Ellison announced a settlement with debt settlement companies Financial Solutions Group and Accelerated Debt Settlement, resolving allegations that the companies misrepresented their services, charged fees upfront before providing services, and operated without registering as debt-settlement service providers. The settlement, which includes an over $1 million payment to the state that will be used as consumer restitution, alleges that the companies violated three laws: the state Debt Services Settlement Act, the Prevention of Consumer Fraud Act, and the Uniform Deceptive Trade Practices Act.

New Jersey

  • New Jersey Attorney General Platkin announced rules that will increase prescription drug pricing transparency. Specifically, the rules will create registration, reporting, and compliance requirements for prescription drug manufacturers, insurance carriers, pharmacy benefits managers, wholesalers, and pharmacy services administrative organizations when there are significant price increases or high launch prices for prescription drugs. The New Jersey Division of Consumer Affairs will then use this information to prepare an annual report on drug pricing trends.
  • New Jersey Attorney General Platkin announced a $2.7 million settlement with printed media delivery firm Publishers Circulation Fulfillment, Inc., resolving allegations that the firm was misclassifying workers as independent contractors when they were really employees. In addition to the payment, which includes restitution and penalties, the company agrees to honor wage and hour laws in the future and submit to compliance monitoring for two years.
  • New Jersey Attorney General Platkin announced that the New Jersey Division on Civil Rights issued findings of probable cause in an additional ten cases related to violations of the New Jersey Law Against Discrimination's prohibition against housing discrimination based on legal source of income. All of the cases include allegations that people seeking rental housing were denied the housing because they received rental assistance or because the landlord would not complete documentation related to rental assistance.
  • New Jersey Attorney General Platkin announced the settlement of an environmental justice case and the filing of four new lawsuits related to environmental justice. The settlement is with former gas station and garage owner AEN Urban Renewal, LLC and includes a $40,000 civil administrative penalty. The lawsuits are against gasoline service station and underground storage tanks AB Trading Enterprises and 959- 961 Clinton Avenue Associates, vehicle storage yard Hawk's Auto, gas station Yer Gas, and Rivers Edge Mall, Inc.

New York

  • New York Attorney General James announced that the owners of transportation company DYD Universe, Inc. pleaded guilty to a scheme that stole over $2.1 million from Medicaid and paid illegal kickbacks. Specifically, the defendants pleaded guilty to submitting fraudulent claims for services they did not provide and toll charges that were not incurred. In addition to monetary penalties, all three defendants are permanently prohibited from serving as providers in government-funded health programs.
  • New York Attorney General James announced a settlement with Albany ENT & Allergy Services, P.C. (Albany ENT) for failing to protect private patient information and medical data. In 2023, Albany ENT experienced two cyberattacks that compromised the medical records of over 200,000 New Yorkers. Attorney General James found that Albany ENT did not maintain reasonable safeguards to protect patient records and data. The settlement requires Albany ENT to pay $1 million in penalties ($500,000 suspended given Albany ENT meets the investment requirements) and to invest $2.25 million to strengthen its data security capabilities.

North Carolina

  • North Carolina Attorney General Stein asked that major cell service and internet companies offer unlimited data and high-speed internet to individuals in Western North Carolina recovering from Hurricane Helene, as well as reimburse those people for charges incurred while their service was down. Attorney General Stein is seeking free internet and cellphone data for at least two billing cycles.
  • North Carolina Attorney General Stein announced the enactment of S607, requiring transparency in the sale and resale of tickets at entertainment events. Attorney General Stein worked with state legislators to draft and enact the provision to ensure that consumers would be on notice of the total price of tickets to events, including fees, at the outset of consumer interactions. A violation of S607 is considered an unfair and deceptive trade practice that the Attorney General can pursue.

Washington

  • Washington Attorney General Ferguson announced that maintenance companies Northwest Environmental Services and Core Environmental Group and their owner were ordered to pay over $360,000 in penalties and restitution for illegally charging nine gas station owners for work that was never completed on underground fuel storage tanks, in violation of the Consumer Protection Act. In addition to the payment the defendants must cease all illegal conduct or face additional penalties.

Wisconsin

  • Wisconsin Attorney General Kaul announced that his office entered into a stipulated civil judgment against manufacturing company Dielectric Materials, Inc., resolving allegations that the company violated Wisconsin's hazardous waste management laws related to barium and lead at a facility creating powders used to create ceramic capacitors. The settlement requires the company to pay a $90,000 penalty.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More