State Attorneys General

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On June 6, the Attorney General for the State of North Carolina executed a settlement agreement with a payday lender, Future Income Payments, LLC, arising out of the payday lender’s alleged violation of that state’s usury laws.  The settlement agreement requires the lender to pay North Carolina $50,000 in attorneys’ and investigation fees, plus a…

On June 24, 2016, Arkansas Attorney General Leslie Rutledge announced a settlement agreement with payday lender, Western Sky Financial LLC, and loan servicer, CashCall Inc., to resolve allegations that the companies conspired to offer illegal online loans to Arkansas consumers while claiming to be shielded by tribal sovereign immunity.

According to the Arkansas Attorney General,…

On May 19, 2016, the Vermont Attorney General announced that it had executed an Assurance of Discontinuance with a payment processor arising out of the Attorney General’s allegation that the payment processor violated a Vermont state statute prohibiting unfair and deceptive practices when the processor processed payments for dozens of payday lenders who did not…

On June 9, Minnesota Attorney General Lori Swanson filed a lawsuit against Your Magazine Service, Inc., a Minnesota corporation, and the corporation’s owner, Wayne R. Dahl, Jr., alleging that the company used deceptive sales tactics to sign up customers for magazine subscriptions.

According to the suit, the company would call individuals who had purchased …

On May 20, PayPal entered into an Assurance of Voluntary Compliance (AVC) with the Texas Attorney General over allegations that it failed to clearly explain how the personal information belonging to users of its Venmo mobile payment application would be used and with whom it would be shared.

The AVC stems from Texas Attorney General…

On May 16, 2016, a unanimous U.S. Supreme Court ruled that private attorneys hired by states to collect back taxes and other debts did not mislead investors by sending collection letters to borrowers using the state Attorney General’s letterhead. The Court found that the attorneys were acting as agents of the Attorney General and, therefore,…

“Does your mobile app collect, create, or share consumer information? Does it diagnose or treat a disease or health condition?” If so, then the FTC’s new online tool may assist you in understanding what federal laws or regulations might apply to your app. 

The Mobile Health Apps Interactive Tool recently went online and offers developers …

A government enforcement action against Charter Communications, Inc. for alleged violations of federal and state telecommunications laws has mostly withstood the first legal challenge.  As we previously reported, Missouri Attorney General Chris Koster filed a federal lawsuit in October 2015 against Charter alleging violations of federal and state telemarketing and “do-not-call” laws.  The lawsuit …

On March 16, Massachusetts Attorney General Maura Healey announced a $7.4 million settlement with two national auto lenders, American Credit Acceptance LLC (“ACA”) and Westlake Services LLC (“Westlake”).  The settlement resolves claims against the lenders that they charged excessive interest rates on subprime automotive loans.  ACA settled for $1.7 million, and Westlake for $5.7 million.  …

Commissioner Julie Brill with the Federal Trade Commission recently announced that she will step down at the end of this month to enter private practice. 

Brill was appointed by President Obama and sworn in on April 6, 2010.  Prior to joining the FTC, Brill was the Senior Deputy Attorney General and Chief of Consumer Protection …