Troutman Pepper State Attorneys General Monitor – March 22, 2023

Authors:
Ashley L. Taylor, Jr.
Clay Friedman
Josh Davey
Stephen Piepgrass
Avi Schick
Michael Yaghi
Ketan Bhirud
Chris Carlson
Natalia Jacobo
Namrata Kang
Susan Nikdel
Whitney Shephard
Trey Smith
Daniel Waltz
Stephanie Kozol, Senior Government Relations Manager – State Attorneys General

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

New York AG Says Cryptocurrency Exchanges Must Register as Securities

By Troutman Pepper State Attorneys General Team

On March 9, New York Attorney General Letisha James filed a complaint against leading cryptocurrency exchange KuCoin, alleging violations of the Martin Act, which prevents security sales fraud. AG James claimed that Ethereum — the second-largest cryptocurrency by market capitalization — is a security in the first regulator-initiated court claim.

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New Mexico Establishes State’s First-Ever Civil Rights Division

By Troutman Pepper State Attorneys General Team

On March 18, New Mexico Attorney General Raúl Torrez announced the state’s first-ever Civil Rights Division inside the AG’s office, broadly giving the AG investigative authority over state and local agencies to protect New Mexicans from civil rights inequities and injustices. With the passage of Senate Bill 426, New Mexico now joins other states nationwide already leveraging an active civil rights unit to safeguard their citizens’ rights.

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New York AG Settles Fourth Housing Discrimination Claim

By Troutman Pepper State Attorneys General Team

On March 15, New York Attorney General Letitia James announced a settlement with Coldwell Banker for allegedly violating fair housing laws and discriminating against homebuyers of color. According to the settlement, Coldwell must pay $20,000 in penalties and $10,000 to Suffolk County to promote fair house enforcement and compliance. Coldwell also must provide fair housing training to its agents and install a form for discrimination complaints on its website.

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Colorado AG Enacts Landmark State Privacy Act Rules

By Troutman Pepper State Attorneys General Team

On March 15, Colorado Attorney General Phil Weiser recorded the final version of the Colorado Privacy Act (CPA) Rules, granting Coloradans rights over their own personal data. Effective July 1, the CPA marks the third state to approve a general state privacy law, the second state to author related rules, and the nation’s first state to regulate automatic decision-making (i.e., profiling) and data protection assessments under a general state privacy law.

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Massachusetts AG Settles with Home Security Company over Allegedly Unfair Automatic Renewal Contracts, Improper Charges, and Debt Collection Violations

By Jill Dolan, Mark Furletti, and Carlin McCrory

In February, Massachusetts Attorney General Joy Campbell announced a $6.5 million settlement with Safe Home Security, its CEO, and affiliated companies to resolve allegations that their practices violated state consumer protection laws by “trapping Massachusetts consumers in long-term auto renewal contracts” and engaging in illegal debt collection practices, among other activities.

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