On January 23, the U.S. Court of Appeals for the Second Circuit affirmed a district court ruling that Martin Shkreli, CEO of Vyera Pharmaceuticals (Vyera), violated federal and state laws by engaging in illegal and...more
1/31/2024
/ Anti-Competitive ,
Drug Pricing ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Healthcare ,
Martin Shkreli ,
Monopolization ,
Pharmaceutical Industry ,
Prescription Drugs ,
Regulatory Oversight ,
State Attorneys General
On January 12, Massachusetts Attorney General (AG) Andrea Joy Campbell announced a settlement with Grubhub Holdings Inc. and Grubhub, Inc., (Grubhub) for repeatedly violating a statutory limit on the fees that third-party...more
1/25/2024
/ Coronavirus/COVID-19 ,
Delivery Drivers ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fees ,
GrubHub ,
Hidden Fees ,
Price Gouging ,
Proposed Rules ,
Regulatory Oversight ,
Settlement ,
State Attorneys General ,
Summary Judgment
North Carolina Attorney General (AG) Josh Stein led a bipartisan effort urging the federal government to impose stricter regulations on the use of artificial intelligence (AI) in telemarketing. The collective push involved 26...more
1/25/2024
/ Artificial Intelligence ,
FCC ,
Machine Learning ,
Notice of Inquiry ,
Regulatory Agenda ,
Regulatory Oversight ,
Robocalling ,
State Attorneys General ,
TCPA ,
Telemarketing ,
Text Messages ,
Written Consent
The U.S. Department of Health and Human Services (HHS) has drawn criticism for heavily redacting a recommendation letter to the U.S. Drug Enforcement Administration (DEA) concerning the rescheduling of cannabis. HHS said the...more
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...more
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...more
12/14/2023
/ Antitrust Provisions ,
Clean Energy ,
Enforcement Actions ,
Enforcement Guidance ,
Florida ,
Green Infrastructure ,
Installation Services ,
Regulatory Oversight ,
Renewable Energy ,
Solar Energy ,
Solar Farm ,
Solar Panels ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
It is indeed a tangled regulatory web woven to potentially trap an organization in the wake of a data incident. Navigating this web can involve significant resources, time, and stress. As we discussed in part two of this...more
12/13/2023
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Regulatory Oversight ,
State Attorneys General
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...more
Republican attorneys general (AGs) from 19 states, led by Utah AG Sean D. Reyes, filed an amicus brief urging the Fifth Circuit to rehear a case after a panel of judges declined to entertain a lawsuit challenging diversity...more
12/7/2023
/ Amicus Briefs ,
Constitutional Challenges ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Equal Protection ,
Minorities ,
Nasdaq ,
Proposed Rules ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
State Attorneys General ,
Unconstitutional Condition
Massachusetts Attorney General (AG) Andrea Campbell recently announced a number of citations against Quick Temp., Inc. (the company), its owner, and its manager, for alleged wage, sick time, and records violations....more
On November 20, Delaware Attorney General (AG) Kathy Jennings, along with the Consumer Financial Protection Bureau (CFPB) and 11 other states, announced a settlement in excess of $30 million with Prehired LLC and affiliated...more
11/30/2023
/ Chapter 11 ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Delaware ,
FDCPA ,
Financial Services Industry ,
Income Share Agreements ,
Regulation Z ,
Regulatory Oversight ,
Settlement ,
State Attorneys General ,
Statutory Violations ,
Stipulated Judgment ,
Student Loans ,
Truth in Lending Act (TILA) ,
Unfair or Deceptive Trade Practices
On November 7, Virginia Attorney General (AG) Jason Miyares reminded suppliers that the current state of emergency caused by wildfires triggered Virginia’s anti-price gouging statutes, which prohibit businesses from raising...more
11/15/2023
/ Goods or Services ,
Price Gouging ,
Price Inflation ,
Public Health ,
Public Health Emergency ,
Regulatory Oversight ,
Retail Market ,
Retailers ,
State Attorneys General ,
State of Emergency ,
Suppliers ,
Virginia ,
Wildfires
Last week, Michigan Attorney General (AG) Dana Nessel formally launched an investigation under the Michigan Consumer Protection Act (MCPA) into the marketing and business practices of a group of interconnected pest control...more
11/15/2023
/ Consumer Protection Act ,
Deceptive Intent ,
Enforcement Actions ,
Investigations ,
Marketing ,
Pest Infestation ,
Regulatory Oversight ,
Regulatory Violations ,
Scams ,
State Attorneys General ,
Unfair or Deceptive Trade Practices ,
Warranties
On October 23, an amended complaint was filed by the Connecticut Office of the Attorney General (AG), alleging that Stone Academy, a nursing school, and its owners, Joseph Bierbaum and Mark Scheinberg, used millions of...more
11/7/2023
/ Connecticut ,
Consumer Protection Laws ,
Data Privacy ,
Educational Institutions ,
Enforcement Actions ,
Health and Safety ,
Public Health ,
Regulatory Oversight ,
State Attorneys General ,
Students ,
Tuition
The U.S. Environmental Protection Agency (EPA) has formally withdrawn cybersecurity rules it promulgated in March requiring that states report cybersecurity threats to their public water systems (PWS). The reversal comes in...more
11/6/2023
/ Clean Water Act ,
Cybersecurity ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
Infrastructure ,
New Rules ,
Regulatory Oversight ,
Risk Management ,
Safe Drinking Water Act ,
Water
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...more
11/2/2023
/ Civil Monetary Penalty ,
Cleanup Doctrine ,
Consent Order ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Hazardous Waste ,
Pollution Control ,
Property Owners ,
Recycling ,
Regulatory Oversight ,
State Attorneys General
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...more
10/19/2023
/ Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Grocery Stores ,
Pennsylvania ,
Personal Information ,
Regulatory Oversight ,
State Data Breach Notification Statutes ,
State Data Privacy Laws
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...more
10/16/2023
/ Antitrust Provisions ,
Clean Energy ,
Enforcement Guidance ,
Green Infrastructure ,
Installation Services ,
Regulatory Oversight ,
Renewable Energy ,
Solar Energy ,
Solar Farm ,
Solar Panels ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
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...more
As predicted in our previous articles, the “right to repair” movement continues to garner support as more state governments consider legislating in this area. We previously reported that in 2021, 27 states had pending...more
Michigan Attorney General (AG) Dana Nessel has filed suit against the Gerald R. Ford International Airport Authority to enforce demands by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) related to...more
9/22/2023
/ Airports ,
Contamination ,
Drinking Water ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Natural Resources ,
NPDES ,
PFAS ,
Public Health ,
Regulatory Oversight ,
Regulatory Violations ,
State Attorneys General
On September 13, Tennessee Attorney General (AG) Jonathan Skrmetti sent a letter to members of the Net Zero Financial Service Providers Alliance (NZFSPA) warning that their commitment to support “global net zero greenhouse...more
On September 8, the Federal Trade Commission’s (FTC) Chief Administrative Law Judge D. Michael Chappell issued an initial decision ruling that Intuit Inc. (Intuit) “engaged in deceptive advertising in violation of Section 5...more
9/18/2023
/ False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Goods or Services ,
Intuit ,
Marketing ,
Regulatory Oversight ,
Section 5 ,
Statutory Violations ,
Tax Returns ,
TurboTax
On August 21, the U.S. Supreme Court denied a request by West Virginia Attorney General (AG) Patrick Morrisey and 26 other state AGs to participate in oral arguments in Consumer Financial Protection Bureau (CFPB) et al. v....more
8/30/2023
/ Amicus Briefs ,
CFPB v Community Financial Services Association of America ,
Constitutional Challenges ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Federal Funding ,
Federal Reserve ,
Financial Services Industry ,
Oral Argument ,
Payday Lending Rule ,
Regulatory Authority ,
Regulatory Oversight ,
SCOTUS ,
State Attorneys General
In the burgeoning realm of data incidents, it is a truism that such incidents are not created equal. Indeed, a data incident is not necessarily a data breach.
Originally published in Reuters -August 24, 2023...more
8/25/2023
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
NIST ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Regulatory Oversight