Category Archives: State Consumer Protection Acts

Friend or Foe? State Attorneys General Start to Change Their Tune on Industry & Cybersecurity

Should businesses be thought of as victims or bad actors when it comes to data breaches?  State attorneys general are embracing the idea that businesses are not necessarily adversaries in the struggle to protect sensitive consumer information.  Over the past several years state attorneys general have exerted efforts to both educate businesses as to their data privacy responsibilities, and collaborate with businesses in constructing more robust cybersecurity policies.  The spotlight now is on the Ohio Attorney General,… More

With CFPB’s Future in Doubt, State AGs Prepare to Fight

In the first of what are becoming regular clashes between Democratic state attorneys general and the new President, the attorneys general of Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Mississippi, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia sought to intervene in federal court proceedings to defend the constitutionality of the Consumer Financial Protection Act (“CFPA”), which created the Consumer Financial Protection Bureau (“CFPB”),… More

Gun Manufacturers’ Lawsuits Challenge the Scope of the AG’s Authority Under Massachusetts’ Consumer Protection Statute

Stainless Steel Pistol Hand Gun 1911 45 ACPPetitions filed by Glock, Inc. and Remington Arms Company, LLC in Suffolk Superior Court in recent months will test the validity of a number of legal arguments that may be relied upon to set aside or limit the scope of Attorney General civil investigative demands in the Commonwealth. As we noted in an earlier post, G. L. c. 93A, § 6(1), Massachusetts’ unfair and deceptive practices statute,… More

How Can Retailers Avoid Consumer Class Actions and Government Investigations Over State Sales Tax?

Consumer class actions regarding the over-collection of state sales tax continue to be a thorn in the side of retailers.  While the amounts of tax collected may be individually small, claims asserted on behalf of a class can expose large retailers to potentially millions of dollars in liability and, in some cases, investigatory action by state attorneys general under state consumer protection acts.

The types of tax at issue have included sales tax on computer hardware service contracts,… More