The State AG Report – 6.29.2023

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SmileDirectClub’s NDAs Required Dissatisfied Customers to Grin and Bear It

District of Columbia AG Brian Schwalb settled with SmileDirectClub, Inc. and affiliated entities to resolve allegations that the online orthodontics company violated DC’s Consumer Protection Procedures Act by using non-disclosure agreements with consumers to suppress negative information and reviews.
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Republican and Democratic AGs Air Conflicting Viewpoints on DACA Recipient Healthcare Eligibility

A group of 19 Democratic AGs submitted a comment letter to HHS in support of a proposed rulemaking that would allow Deferred Action for Childhood Arrivals recipients to qualify for federal health programs.
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AGs React Positively to FTC’s Proposed Negative Option Rule

A coalition of 26 AGs filed a comment letter in support of the FTC’s proposed amendments to the Negative Option Rule, which is meant to prohibit the unfair or deceptive use of negative option marketing whereby a company takes a consumer’s silence as acceptance of an offer.
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Rhode Island Company Allegedly Operated a “Going Green” Grift

Rhode Island AG Peter F. Neronha filed a lawsuit against Smart Green Solar, LLC and its CEO for allegedly violating the Rhode Island Deceptive Trade Practices Act by engaging in deceptive practices in the sale of solar panels.
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Trouble on the Horizon for Amgen’s Planned Acquisition

Six Democratic AGs joined the FTC in filing a lawsuit to block Amgen Inc.’s planned purchase of Horizon Therapeutics PLC, alleging that the transaction raises antitrust concerns and violates the Clayton Act.
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AGs Argue for Epic Re-do by Ninth Circuit

A bipartisan coalition of 35 AGs filed an amicus brief in support of Epic Games, Inc. in the video game company’s ongoing lawsuit against Apple, Inc., in which Epic alleges that Apple’s iOS App Store practices—which led to the removal of Epic’s flagship video game Fortnite from the App store—violate state and federal antitrust laws and California’s Unfair Competition Law.
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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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