News & Analysis as of

State Attorneys General Regulatory Authority

Sheppard Mullin Richter & Hampton LLP

CFPB Narrows State Enforcement Powers by Rescinding 2022 Interpretative Rule

On May 15, the CFPB rescinded its May 2022 interpretive rule that had expanded state enforcement authority under Section 1042 of the Consumer Financial Protection Act (CFPA). The Bureau now maintains that the previous...more

Troutman Pepper Locke

Rescission of CFPB’s 2022 Interpretive Rule: A Shift in the Scope of State Enforcement Authority Under the CFPA

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On May 15, the Consumer Financial Protection Bureau (CFPB or Bureau) officially rescinded its May 2022 interpretive rule concerning the scope of state enforcement authority under § 1042 of the Consumer Financial Protection...more

McGuireWoods LLP

States May Not Obtain Civil Money Penalties Under the Consumer Financial Protection Act

McGuireWoods LLP on

There has been much speculation that States will fill the void created by the Trump Administration’s drastic scaling back of the Consumer Financial Protection Bureau. Congress authorized both state attorneys general and state...more

Cozen O'Connor

Republican AGs Urge EPA to Recognize Greater State Control over Waterways

Cozen O'Connor on

A group of 18 Republican AGs and the Arizona legislature submitted a comment letter in response to the EPA’s request for feedback on the definition of “waters of the United States” (WOTUS), which determines which water bodies...more

Cozen O'Connor

Democratic AGs Sue to Protect States’ Access to Federal Education Funds

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A group of 19 Democratic AGs filed a lawsuit to block the U.S. Department of Education (DOE) from enforcing a directive conditioning federal education funding on certification that state and local education agencies will not...more

Morrison & Foerster LLP

CFPB Reverses Course, Withdrawing “Unprecedented” EFTA Interpretation

Following a brief pause under new leadership, the Consumer Financial Protection Bureau (CFPB) has resumed activities, albeit significantly in retreat from the positions taken by the prior administration. In a case involving...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

State Privacy Regulators Announce Formation of Privacy ‘Supergroup’

The concept of the “supergroup” may have originated with rock and roll, but on April 16, 2025, privacy practitioners in the United States learned that a whole new type of supergroup has been formed. ...more

Snell & Wilmer

Formula for the Future: The Arizona Corporation Commission’s Move Towards Formula Rates

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In December 2024, the Arizona Corporation Commission (ACC or the Commission) adopted a Formula Rate Plan (FRP) Policy Statement, allowing regulated utilities to propose a mechanism for annual rate adjustments through a...more

Cozen O'Connor

Democratic AGs File Lawsuit Asking Court to Muzzle DOGE

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A group of 14 Democratic AGs filed a lawsuit in federal court challenging the delegation of executive authority to the Department of Government Efficiency (DOGE). The lawsuit alleges that DOGE violates separation of powers...more

Hudson Cook, LLP

Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up

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The future of the Consumer Financial Protection Bureau — and federal enforcement of consumer financial laws more generally — is uncertain. The Trump administration has ordered the CFPB to freeze all enforcement activity,...more

Orrick, Herrington & Sutcliffe LLP

Q&A: Will States Take the Lead in Consumer Protection?

On Saturday, February 1, Rohit Chopra was dismissed as Director of the Consumer Financial Protection Bureau (CFPB), with Secretary Scott Bessent appointed as Acting Director that same day. The following weekend, Office of...more

Cozen O'Connor

Democratic AGs Give Chilly Reception to Federal Funding Freeze

Cozen O'Connor on

A coalition of 23 Democratic AGs, led by New York AG Letitia James, filed a lawsuit in the U.S. District Court for the District of Rhode Island to block a directive from the Trump administration’s Office of Management and...more

Troutman Pepper Locke

U.S. Supreme Court Declines to Overturn New York’s Affordable Broadband Act

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The U.S. Supreme Court closed out 2024 by confirming states’ authority to regulate internet service providers. On December 16, 2024, the Court denied certiorari in New York State Telecommunications Association, Inc., et al....more

Troutman Pepper Locke

States Join Colorado in Defense of Interest Rate Opt-Out Law

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On September 20, 13 states and Washington, D.C. joined Colorado in its appeal asking the Tenth Circuit to uphold a state law imposing more restrictive interest rate caps on loans from out-of-state banks to residents, arguing...more

Troutman Pepper Locke

2024 Mid-Year Review: State AGs Shaping Regulatory Landscapes

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In 2024, the landscape of state attorneys general (AGs) is poised for significant change, with numerous elections and regulatory actions reshaping priorities and enforcement strategies. This dynamic environment reflects the...more

Cozen O'Connor

Republican AGs Pen Amicus Challenging SEC’s Authority to Regulate Crypto

Cozen O'Connor on

A group of 7 Republican AGs filed an amicus brief with the U.S. District Court for the Northern District of Texas in a litigation between the SEC and a company in the cryptocurrency space, arguing that the SEC does not have...more

Holland & Knight LLP

Colorado Legislature Approves AI Bill Targeting "High-Risk" Systems and AI Labeling

Holland & Knight LLP on

The Colorado legislature passed the Colorado Artificial Intelligence Act (SB 205 or the Act) on May 8, 2024. If approved by Gov. Jared Polis, it will be the first law in the U.S. to impose specific requirements intended to...more

Hudson Cook, LLP

"OVER THE LINE!"  Where Banking and Gaming Intersect, the CFPB Has Something to Say.

Hudson Cook, LLP on

The line between virtual and reality is getting thinner. Gamers pay gaming companies real currency for virtual in-game currency to buy skins, create the world they want to live in (virtually), or purchase loot that aid in...more

Troutman Pepper Locke

DOT Deputizes State AGs to Pursue Consumer Claims Against Airlines, Circumventing Long-Standing Preemption

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The U.S. Department of Transportation (DOT) recently announced an Airline Passenger Protection Partnership with state attorneys general (AGs), marking a significant expansion of AGs’ regulatory reach. This partnership, formed...more

BakerHostetler

In Recent Report to Congress, FTC Makes Clear: Let Us Go Directly to Court, on Our Own, for Money

BakerHostetler on

The other week, the Federal Trade Commission (FTC) issued a Report to Congress under the FTC Collaboration Act that requires the FTC to conduct a study on its efforts with state attorneys general to combat fraud across the...more

Troutman Pepper Locke

8 State AGs Argue That SEC’s Crypto Enforcement Action Is Unlawful

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On February 29, the state of Montana, supported by seven other states, filed an amicus brief arguing that the Securities and Exchange Commission (SEC) lacks authority to regulate crypto assets. The attorneys general (AG)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers, Beware: California Regulators Are Actively Enforcing the California Consumer Privacy Act

California Attorney General Rob Bonta has been actively enforcing the California Consumer Privacy Act (CCPA) since July 2023, when he announced an “investigative sweep” through inquiry letters sent to large California...more

Troutman Pepper Locke

Supreme Court Denies Oral Argument to Republican State AGs Who Argue That the CFPB Funding Mechanism Is Unconstitutional

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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

Troutman Pepper Locke

The “New” Enforcers: How States and Localities Are Changing the Landscape of Regulatory Authority

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Over the last decade, observers have noted that states have begun to play a greater role as regulatory enforcers – a trend that increased with the federal regulatory roll-back that began with the advent of the Trump...more

Foley Hoag LLP - Environmental Law

Massachusetts and Other States Challenge Trump’s Move to Bar State Vehicle Emissions Regulations

Led by California, 23 states, including Massachusetts, have sued the Trump administration challenging new federal regulations that strip the states’ authority to set their own vehicle emissions standards. On December 3, 2019,...more

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