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State Attorneys General Monitor analyzes regulatory actions by state AGs and other state administrative agencies throughout the nation. Contributors to this newsletter and related blog include attorneys experienced in regulatory enforcement, litigation, and compliance. Also visit our State Attorneys General Monitor microsite.
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State AGs Turn Up the Heat on Payment Processors Over Unauthorized E‑Cigarette Sales
By Agustin Rodriguez, Richard Zack, and Michael Jordan
On April 14, Iowa Attorney General (AG) Brenna Bird, leading a coalition of 13 state AGs, sent a pointed letter to Visa, Mastercard, American Express, and Discover. Their message was clear: payment networks are expected to help shut down the U.S. market for unauthorized e‑cigarette products.
State AGs Back FTC’s Proposed Rule on Rental Junk Fees
By Troutman Pepper Locke State Attorneys General Team
On April 13, a bipartisan coalition of more than two dozen state attorneys general (AGs) submitted a comment letter supporting the Federal Trade Commission’s (FTC) proposed rule targeting so-called “junk fees” in the residential rental market. The coalition’s letter reflects growing concern that alleged undisclosed or misleading rental fees are worsening housing affordability and confusing consumers nationwide.
SCOTX Clarifies Standards for Challenging Civil Investigative Demands
By Troutman Pepper Locke State Attorneys General Team
In its recent decision in Office of the Attorney General v. PFLAG, Inc., the Texas Supreme Court addressed the scope of the attorney general’s (AG) authority to issue civil investigative demands (CIDs) under the Deceptive Trade Practices Act (DTPA). The dispute arose against the backdrop of State v. Loe, a case challenging Texas’s statutory ban on certain gender-affirming medical treatments for minors. PFLAG, a nonprofit involved in that litigation, received a CID issued by the Office of the AG (OAG) based on statements made in a supporting affidavit, which led the OAG to assert that PFLAG may have information relevant to potential misrepresentations by medical providers to insurance companies.
Illinois AG Defends State’s Interchange Fees Prohibition and Data Usage Limitation on Appeal
By Troutman Pepper Locke State Attorneys General Team
The Illinois attorney general (AG) recently filed a brief defending the Illinois Interchange Fee Prohibition Act (IFPA) in an appeal arising out of litigation captioned Illinois Bankers Association v. Raoul. The AG asked the Seventh Circuit to affirm a lower court’s decision to uphold the IFPA’s ban on certain interchange fees, also known as card “swipe” fees. The industry argues that the law is unconstitutional or inconsistent with federal law. The AG also asked the Seventh Circuit to overturn the lower court’s decision that the act’s data usage limitation is preempted by federal law.
Keith Ellison, Minnesota
Keith Ellison has served as Minnesota’s 30th attorney general (AG) since January 7, 2019.
From 2007 to 2019, Ellison represented Minnesota’s 5th Congressional District in the U.S. House of Representatives and served for 12 years on the House Financial Services Committee. While in Congress, he founded the Congressional Antitrust Caucus and the Congressional Consumer Justice Caucus. He also served as co-chair of the Congressional Progressive Caucus.
Before Congress, Ellison served four years in the Minnesota House of Representatives and spent 16 years in private practice focusing on civil rights and defense work, including five years as executive director of the Legal Rights Center.
He earned his law degree from the University of Minnesota Law School in 1990.
He is the first African American and the first Muslim American to be elected to statewide office in Minnesota.
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Troutman Pepper Locke’s State Attorneys General team combines legal acumen and government experience to develop comprehensive, thoughtful strategies for clients. Our attorneys handle individual and multistate AG investigations, proactive counseling and litigation, and manage ancillary regulatory issues. Our successful approach has been recognized by Chambers USA, which ranked our practice as a leader in the industry.
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