The US president has imposed and modified tariffs on key trading partners such as China, Canada, Mexico, and the European Union over the last three months. These tariffs rely on the International Economic Emergency Powers...more
With the continued expansion of the regulation of “junk fees,” including bipartisan actions from federal, state, and local authorities, it is more important than ever for businesses to ensure compliance with these...more
As federal enforcement and regulatory actions evolve under the current administration, state attorneys general (State AGs) are taking an active role in responding to the changes, with support or challenges in alignment with...more
The president recently issued an executive order (Order), targeting allegedly unfair pricing practices such as “scalping” and “junk fees” in live entertainment ticketing. The Order prioritizes enforcement of price...more
The Attorney General of Massachusetts recently promulgated rules expanding the scope of its enforcement against alleged “junk fees,” including business practices for consumer subscriptions, renewals, and recurring charge...more
The Consumer Financial Protection Bureau (CFPB) issued guidance on the eve of the transition to a new administration that serves as a roadmap for state governments—especially attorneys general and, notably, private contingent...more
With the election of Donald Trump as president, we anticipate increased activism by Democratic state attorneys general in the form of legal challenges to his administration and the exercise of independent state authority in...more
The Department of Transportation and 18 states on April 16 agreed to a Memorandum of Understanding (MOU) that delegates more authority to and streamlines the process for state attorneys general to investigate consumer...more
The attorneys general of 20 states and territories, led by New York Attorney General Letitia James, recently sent letters to the heads of the US Consumer Financial Protection Bureau (CFPB) and US Office of the Comptroller of...more
For the second time in a month, the Consumer Financial Protection Bureau (CFPB) has proposed a new rule that would require businesses to report already public information and thereby increase the burdens on, and risks to, the...more
STATE ATTORNEYS GENERAL POST-ELECTION REPORT 2022 State attorneys general continue to dominate the national legal and political landscape, with a partisan fervor that sometimes obscures the ongoing investigations and...more
A group of state treasurers and state attorneys general (AG) have raised concerns that certain environmental, social, and governance (ESG) features of certain fund disclosures and other marketing collateral could create...more
2021 was a banner year for non-fungible token sales, which are projected to climb even higher in 2022. Selected by Collins English Dictionary as the 2021 Word of the Year, non-fungible tokens (NFTs) are unique...more
2/23/2022
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More than six years after it was decided, the practical consequences of the US Court of Appeals for the Second Circuit’s Madden v. Midland Funding, LLC decision continue to diminish. The decision—which held that, under some...more
It’s clear that President Joe Biden’s approach toward consumer protection and financial services enforcement will differ from that of his predecessor. In addition to general housekeeping matters, such as replacing and hiring...more
Last week’s state attorney general races brought little change on the surface, but change in Washington significantly increases the risk of enforcement and litigation by the states. If it seems counterintuitive, it is....more
Stepping in to fill a perceived regulatory and enforcement void at the federal level, the governor of New York and his acting superintendent of the New York Department of Financial Services (DFS) have created a division...more
The Top Line Results -
New Attorneys General -
18 new attorneys general will take office in January as a result of this election cycle, including:
..10 Democrats elected (Colorado, Connecticut, Delaware, Illinois,...more