State AG Updates: November 8-12, 2021


Each week, the Crowell & Moring State Attorneys General team highlights important actions taken by state attorneys general. Here are the updates for this week.

Monday, November 8, 2021

Antitrust

  • A bipartisan coalition of 26 Attorneys General led by Pennsylvania Attorney General Shapiro and California Attorney General Bonta submitted a thesis at the Third Circuit asking him to uphold a lower court ruling that stopped a New Jersey hospital merger. The coalition is concerned about the anti-competitive effects of the merger.

Consumer protection

  • Massachusetts Attorney General Healey announcement a cancellation insurance against Mildred Elley School, including a payment of over $ 1 million in consumer assistance. Among other things, the school allegedly failed to make the required disclosures at least 72 hours before entering into enrollment agreements, announced higher placement rates than were accurate, and engaged in pressurized sales tactics when ‘she contacted potential students more than twice a week.

Data confidentiality

  • Colorado Attorney General Weiser announcement this SEMA Construction must pay more than $ 63,000 and update its data security practices after a data breach in 2018. The regulation resolves claims that the company failed to protect the personal information of employees and consumers and does not ‘failed to notify consumers of the data breach in a timely manner.

Environment

  • Washington DC Attorney General Racine announcement the successful resolution of two environmental law enforcement cases, including a judgment against Miss Dallas Trucking, LLC in a water pollution lawsuit and settlement against local contractor Universal Flooring and Remodeling, LLC after lead paint investigation. Miss Dallas Trucking must pay $ 30,000 in costs and a civil fine of $ 50,000, and Universal Flooring must pay $ 25,000 in civil fines and accept an injunction. Attorney General Racine also announced a lawsuit against South Capitol Improvement, LLC on illegal water discharges.

Lodging

  • A multi-state coalition of 18 Attorneys General led by New York Attorney General James submitted a letter of comment to the US Department of Housing and Urban Development (“HUD”) to support expanded eviction protection rules. Specifically, the coalition calls on HUD to stop evictions when there is a pending emergency rent assistance request, to require HUD-supervised landlords to ask for money rather than possessory judgments against those who file federal emergency rent assistance requests; and waive late fees during national emergencies.

Tuesday, November 9, 2021

Antitrust and competition

  • New York Attorney General James announcement an agreement with the owners of supermarket chains Price cutter and Friendly summit market, obtaining the sale of 11 stores as part of their merger project. The agreement will help to maintain competition and protect the rights of employees in the areas concerned.

Bankruptcy

  • A bipartite coalition of attorneys general sent a letter in Congress in support of the Bankruptcy Venue Reform Act, which would amend the Bankruptcy Code to limit instances where companies can file for bankruptcy only in the jurisdiction in which their principal place of business or assets are located. The coalition believes this amendment will prevent businesses from shopping in forums.

Consumer protection

  • Kentucky Attorney General Cameron announcement a proposed regulation with Delta Natural Gas which aims to save consumers more than $ 3.4 million in price increases for natural gas.

Cyber ​​security

  • Connecticut Tong Attorney General issued a press release urging caution after data breach against online stock trading platform Robin Hood. According to the press release, a hacker gained access to five million people’s email addresses and two million full names.

Environment

  • Iowa Attorney General Miller announcement that McPartland District Judge of Linn County District Court issued a consent judgment against Abatement specialties, approving a civil fine of $ 40,000 and an injunction to resolve allegations of asbestos removal violations during a high school renovation.

Wednesday 10 November 2021

Consumer protection

  • Pennsylvania Attorney General Shapiro announcement that his office has won two lawsuits against auto title lenders. Attorney General Shapiro’s office obtained a judgment against Dominion Management of Delaware, Inc. and Dominion Management Services, Inc., d / b / a CashPoint, and a corporate director, forcing the company to pay more than $ 8.5 million for imposing illegally high interest rates on its auto title loans. His office also obtained a court ruling against Delaware Auto Equity Loans, LLC, who had tried to stop a consumer protection investigation against him. The United States District Court for the Central District of Pennsylvania has ruled that the attorney general can investigate Auto Equity’s allegations that none of its loan transactions took place in Pennsylvania.

Misleading claims

  • Oregon Attorney General Rosenblum announcement opioid lawsuit manufacturer Endo Health Solutions and Endo Pharmaceutical, Inc. for allegedly deceptively marketing Opana for over 10 years. The lawsuit alleges that the company has distorted the risks and rewards of Opana.

Health Insurance Portability and Liability Act (HIPAA)

  • New Jersey Acting Attorney General, Bruck announcement than print shops Command Marketing Innovations, LLC and Strategic Content Imagery, LLC, who provide services to a managed healthcare organization, agreed to pay $ 130,000 in penalties and implement new security policies after allegations that they mismanaged medical and client information and when they did not detect a printing error. $ 65,000 of payment is suspended if businesses comply with the order.

Gouging price

  • North Carolina Attorney General Stein announcement that his office struck a $ 20,000 settlement with a gas station Mansa Travel Center Charlotte LLC, d / b / a Queen’s Market, for allegedly breaking state predatory pricing law during the state of emergency following the shutdown of the Colonial Pipeline. The lawsuit alleged the company had raised gas prices by up to 256%. The regulations also require the company to have software in place on an ongoing basis that records gas prices and the number of gallons sold.

Thursday 11 November 2021

Medicaid Criminal Fraud

  • West Virginia Attorney General Morrisey announcement two criminal convictions by his office’s Medicaid fraud unit, one for Medicaid fraud by making false claims for non-urgent medical transportation services and the other for financial abuse of an elderly person by an employee of ‘a nursing home. The two convictions also resulted in the payment of full compensation.

Friday 12 November 2021

Consumer protection

  • The Consumer Financial Protection Bureau filed a complaint against pawn shops FirstCash, Inc. and Cash America West, Inc. alleging that they violated the Military Loans Act by charging more than 36% of loans to active-duty servicemen and their dependents. The lawsuit, which seeks an injunction, consumer redress and civil penalties, also alleges that FirstCash violated a 2013 order against its predecessor.


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