On August 1, the United States Court of Appeals for the Ninth Circuit issued an opinion rejecting federal jurisdiction under the Class Action Fairness Act (CAFA) and the National Banking Act for a lawsuit filed by the Attorney General of Hawaii on behalf of state residents (sometimes called a parens patriae suit) against financial companies
National Association of Attorneys General (NAAG) Hosts Fall Consumer Protection Seminar
On Monday, October 20, 2014, Rhode Island Attorney General and NAAG Consumer Protection Committee Chair Peter Kilmartin and North Dakota Attorney General and NAAG Consumer Protection Committee Vice Chair Wayne Stenehjem extend a public invitation to attend the 2014 Fall Consumer Protection Seminar in Providence, Rhode Island. Several members of our Troutman Sanders’ State Attorneys
Connecticut Attorney General Discusses His Leadership Role in Privacy Policy
The International Association of Privacy Professionals recently conducted an interview with Connecticut Attorney General George Jepsen. General Jespen has been considered a leader among the State Attorneys General in the area of privacy, and Connecticut is considered one of the most active states in privacy policy and legal enforcement actions related to privacy issues. In
State Attorneys General File Lawsuits against 5-Hour ENERGY® for Deceptive Marketing
State Attorneys General from Washington, Oregon and Vermont filed suit against Living Essentials, the manufacturer of the popular energy supplement, 5-Hour ENERGY®, for allegedly deceptive marketing. The lawsuits seek injunctive relief as well as civil penalties and restitution to consumers. In a statement late last week, Oregon Attorney General Ellen Rosenblum said, “[p]lainly and simply,
2014 ABA Annual Meeting – Showcase CLE Presentations
ABA State Attorneys General and Department of Justice Issues Committee – 2014 ABA Annual Meeting – Showcase CLE Presentations
On August 7-9, 2014, in Boston, MA, the American Bar Association is hosting their Annual Meeting. Two Troutman Sanders partners, William H. Hurd and Ashley L. Taylor, Jr., will be participating on high profile CLE panel
New York AG and FTC Allege New York Based Debt Collector Used Illegal and Fraudulent Methods to Collect Debts
The Federal Trade Commission and the New York Attorney General’s Office filed a joint complaint against a New York based debt collector that goes by several names, including National Check Registry. As a result of the complaint, the U.S. District Court for the Western District of New York froze the operation’s assets and appointed a
CFPB and 13 State AGs Team Up to Obtain Roughly $92 Million in Debt Relief from Rome Finance
Earlier today, the Consumer Financial Protection Bureau and thirteen state attorneys general released a Consent Order with Colfax Capital Corporation and Culver Capital, LLC, collectively known as “Rome Finance”, for approximately 17,000 military servicemembers and others harmed by predatory lending. This is the latest in an increasingly joint effort by state attorneys general and the
Eight New Jersey Motor Vehicle Dealers and State Attorney General’s Office Enter into $1.8 Million Settlement to Resolve Allegations of Deceptive Practices
The Division of Consumer Affairs of the New Jersey Attorney General’s office has reached a $1.8 million settlement with eight New Jersey motor vehicle dealerships, all under common ownership, to resolve multiple claims of deceptive business practices that were discovered during the Division’s investigation. The settlement also provides for restitution for certain identified consumers affected
Bill Passed in New Jersey to Regulate Service Contract Issuers
Legislation has been signed into law in New Jersey (Senate Bill 854) regulating service contracts as service contracts, not as insurance. The legislation takes effect July 16, 2014. While regulations applicable to service contracts vary in each state, often times service contracts are governed as insurance. The newly-adopted New Jersey framework creates regulatory
The Future of State Involvement in Dodd-Frank
On Wednesday, the New York Department of Financial Services (DFS) became the first state financial regulator to use the Dodd-Frank Act’s “UDAAP” consumer protection standards against a corporation when it filed a lawsuit against an auto lender. The 2010 Dodd-Frank Act gives state regulators the ability to sue companies for engaging in unfair, deceptive, or