Troutman Pepper State Attorneys General Monitor — May 23, 2024

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.

Troutman Pepper Spotlight

Deceptive Advertising and “Junk Fees” / Drip Pricing Webinar

Michael Yaghi will speak on a panel, “Deceptive Advertising and ‘Junk Fees’ / Drip Pricing” next Tuesday, May 28. This webinar, hosted by the Orange County Bar Association, will examine the nuances of advertising law in California, with a particular focus on the impact of California’s new law aimed at curbing “junk fees.” This new legislation modifies the California Consumer Legal Remedies Act, rendering it illegal to promote prices for goods or services without including all required fees or charges into the stated price. This law takes effect on July 1, 2024. Register here to attend this webinar.

2024 FDLI Annual Conference

Agustin Rodriguez recently participated in a panel at the 2024 FDLI Annual Conference, where they examined the ongoing efforts by states and localities to curb youth vaping. This included a review of various strategies such as flavor bans and nicotine product registration lists, along with an assessment of their effectiveness. The panel also engaged in a discussion about the role states can and should assume in the regulation of nicotine products.

State AG Updates

Nebraska Attorney General Leads Multi-State Coalitions to Challenge Electric Truck Mandates

Nebraska Attorney General (AG) Mike Hilgers is leading multi-state coalitions in two lawsuits aimed at challenging the Biden Administration and the State of California’s electric vehicle mandates on truck owners and operators nationwide. The lawsuits argue that these mandates exceed the constitutional and statutory authority of the federal government and California regulators.

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Connecticut AG Adds Independent Enforcement Authority for Dodd-Frank Actions

A new Connecticut law expands the authority of the state’s attorney general to enforce certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act).

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AGs’ Focus on AI Has Implications for Private Equity Investors

State attorneys general (AGs) have increased their scrutiny of the use of artificial intelligence (AI), particularly in relation to data privacy laws, consumer protection statutes, and anti-discrimination laws. Our state AG team has issued a new white paper examining this trend, including a detailed look at the recent advisory opinion issued by the Massachusetts AG’s office, which provides guidance on how existing laws apply to AI. Understanding the potential legal implications of AI use is important to any consumer-facing business, include private equity firms and other investors.

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AG of the Week

Bob Ferguson, Washington

Robert “Bob” Ferguson serves as the 18th attorney general of Washington. A member of the Democratic Party, he was first elected in 2012 and re-elected in 2016 and 2020. Prior to serving as attorney general, Ferguson was a member of the King County Council.

Ferguson began his legal career in Spokane where he served as a law clerk for Chief Judge W. Fremming Nielsen of the Federal District Court for the District of Eastern Washington. He then clerked for Judge Myron Bright of the Eighth Circuit Court of Appeals. Ferguson returned to Seattle and joined Preston, Gates, and Ellis (now K&L Gates). As a private attorney, he donated hundreds of hours of pro bono legal advice working to preserve open space, assist nonprofits, and advance Tribal rights.

As attorney general, Ferguson has focused on protecting consumers and seniors against fraud, keeping communities safe, protecting the environment, and standing up for veterans. Ferguson is a candidate in the 2024 Washington gubernational election.

Washington AG in the News

• On May 15, the Northwest Progressive Institute publicized the results of its statewide survey, finding that Ferguson is leading in the governor’s race over Republican Dave Reichert.
• On May 9, Ferguson filed a petition to compel the Catholic Church to turn over files in connection with an investigation into alleged sexual abuse committed by clergy members.
• On May 6, the Omak Police Department announced it is collaborating with the Attorney General’s Office’s Missing and Murdered Indigenous Women and People (MMIWP) Cold Case Unit to look for Kit, a missing Indigenous teenager. This is one of the first cases taken on by this first-of-its-kind unit in the U.S.

Upcoming AG Events

• June: AGA | 2024 Annual Meeting | CO
• June: RAGA | Summer National Meeting | WV
• June: DAGA | Presidential Retreat | CA

For more on upcoming AG Events, click here.