In the last week of December 2017, Democratic senators introduced the “Accountability for Wall Street Executives Act of 2017,” which would amend the National Banking Act to allow state AGs to request a wide variety of information from nationally-chartered banks. As the Supreme Court explained in Cuomo v. Clearing House Ass’n, L.L.C., 557 U.S. 519 (2009), the National Banking Act distinguishes between “visitorial powers” – such as examination of a bank’s accounts or inspection of its records – and law enforcement,… More
Category Archives: State Consumer Protection Acts
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
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
Petitions 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
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