Troutman Pepper State Attorneys General Monitor – August 18, 2023

State attorneys general increasingly impact businesses in all industries. Our nationally recognized state AG team has been trusted by clients for 20 years to navigate their most-complicated state AG investigations and enforcement actions.

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.

Contact our State AG Team at StateAG@troutman.com.

State AG Updates

District of Columbia AG Issues Supplemental Business Advisory on Restaurant Fees

By Troutman Pepper State Attorneys General Team 

In August, District of Columbia Attorney General (AG) Brian Schwalb issued a Supplemental Business Advisory (advisory) to provide guidance and examples to restaurants for complying with their legal obligation under the District’s Consumer Protection Procedures Act (CPPA) to adequately disclose all fees, including service fees, to customers. See D.C. Code § 28-3901, et seq. The advisory clarifies that the CPPA does not prohibit restaurants from charging such fees or surcharges, but emphasizes that “these fees may violate the CPPA if they are not timely, prominently, and clearly disclosed to diners before they place their orders.”

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Michigan AG Reports That New Program to Address Unlicensed Builders Shows Great Success

By Troutman Pepper State Attorneys General Team

On August 10, Michigan Attorney General (AG) Dana Nessel issued a press release to report the success of the new Unlicensed Builders Pretrial Diversion Program that was launched in February. AG Nessel launched the new program to promote licensing compliance, ensure restitution to victims, and efficiently resolve cases of Michigan consumer complaints of harm caused by unlicensed builders in the state.

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New York AG Announces Settlement With Avis Budget Group

By Troutman Pepper State Attorneys General Team

On August 15, New York Attorney General (AG) Letitia James announced a settlement with Avis Budget Group Inc. (Avis Budget), for allegedly denying car rentals to customers who did not possess a credit card. Under the terms of the settlement, Avis Budget will pay $275,000 in civil penalties, and will update its relevant employee training.

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Stephanie Kozol, Senior Government Relations Manager – State Attorneys General, also contributed to this newsletter.