The State AG Report – 3.9.2023

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AGs Join U.S. DOJ in Objecting to JetBlue’s Acquisition of Spirit Airlines

The Massachusetts, New York, and the District of Columbia AGs joined the U.S. DOJ in filing an antitrust lawsuit challenging JetBlue Airways Corporation’s proposed acquisition of Spirit Airlines, Inc., arguing the acquisition violates Section 7 of the Clayton Act and should be enjoined.
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BetterHelp to Pay $7.8 Million for Allegedly Divulging Private Health Data for Advertising Purposes

The FTC issued a proposed order to settle allegations that online mental health counseling service BetterHelp, Inc. violated of Section 5 of the FTC Act shared sensitive mental health data with third parties in order to facilitate targeted advertising, despite assurances to consumers that their health data would be kept private.
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CFPB and NLRB Agree to Share Information to Prevent Employer Financial Abuses

The CFPB and the National Labor Relations Board have entered a Memorandum of Understanding in order to more effectively address areas of concern to both agencies, including employer surveillance and employer-driven debt.
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Democratic AGs Ask CDC to Help Ensure Access to No-Cost HIV Prevention Drugs

A group of 22 Democratic AGs submitted a letter to the CDC and the National Center for Health Statistics urging the agencies to ensure patients are not improperly charged copays for HIV prevention services by creating a new diagnostic code for PrEP in the International Classification of Diseases – Tenth Revision.
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TikTok’s Internal Instant Messages Subject of AG Requests in Ongoing Multistate Investigation

A coalition of 46 AGs filed an amicus brief asking a Tennessee court to compel TikTok, Inc. to comply with a request for information by the Tennessee AG, arguing the information sought is necessary to a multistate investigation into whether the social media company violated consumer protection laws by knowingly contributing to an ongoing mental health crisis among young people.
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Democratic AGs Oppose Legislative Efforts to Prevent ESG-Related Investment Decisions

A coalition of 21 Democratic AGs wrote a letter to Congressional leaders opposing a joint resolution to overturn a recent DOL rule on private-sector retirement investments. The rule clarifies that fiduciaries of private-sector retirement plans can consider environmental, social, and governance factors when making investment decisions.
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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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