State Attorneys General
Practice Overview
State attorneys general are taking an increasingly active role in pursuing investigations, enforcement matters, and litigation, often coordinating their actions and pooling resources to exert nationwide pressure on companies. They are also working in conjunction with federal enforcement agencies including the Department of Justice, Federal Communications Commission, Federal Trade Commission, and Consumer Financial Protection Bureau. Whether undertaken independently, in conjunction with other attorneys general or federal agencies, or in response to media reports, actions by state attorneys general can have long-lasting reputational and financial implications for companies and individuals.
Buckley attorneys understand that these matters can escalate quickly, and provide clients with comprehensive guidance in response to a state inquiry or enforcement action. We have represented businesses and individuals before all 51 state attorneys general in a range of industries, including financial services, hospitality, digital commerce, payments and data, cybersecurity, energy, healthcare, pharmaceuticals, telecommunications, insurance, and other consumer-centric businesses. Buckley attorneys also represent companies before state agencies, particularly banking commissioners.
Our knowledge of the law is informed by an understanding of the political and policy considerations that often influence attorney general decisions. We stay abreast of emerging issues in the state attorney general community and closely monitor trends and developments that may affect our clients. We anticipate challenges and design innovative strategies before difficulties can arise, and are efficient and creative problem-solvers when they do. We offer solutions that help our clients avoid costly investigations and litigation, as well as unwanted scrutiny. Where litigation is inevitable, our lawyers aggressively defend against claims, including multistate and federal enforcement investigations related to consumer protection, data privacy, advertising, consumer finance, and environmental and energy concerns, as well as state qui tam actions.
We have worked with financial institutions of all types, including banks, marketplace lenders, auto finance companies, student loan servicers, and mortgage companies, to respond to inquiries from state attorneys general, involving various aspects of their business practices including sales, advertising, servicing, collection, and licensing matters.
Select representations in this area include:
- Multiple international hotel companies in a confidential multistate attorneys general investigation
- A leading homebuilder, mortgage originator, and mortgage servicer in parallel investigations of various subsidiaries by a large multistate attorney general group, the CFPB, the DOJ, and the Department of Housing and Urban Development, among others
- Numerous financial institutions in investigations, examinations, and licensing matters before the New York Department of Financial Services
- Banks and nonbanks in civil litigation or enforcement proceedings brought by state agencies such as the California Department of Business Oversight arising from alleged violation of licensing laws
- One of the nation’s largest mortgage loan servicers and its affiliates before more than 30 state regulatory agencies and the CFPB in lawsuits and administrative actions alleging improper servicing practices
- Multiple indirect auto finance companies in DOJ and state AG investigations into subprime auto loan origination and securitization practices
- Top national tax-preparation companies in investigations and enforcement actions by state attorneys general and state taxation agencies regarding consumer advertising, tax preparation services, and tax refunds
- Innovative global automotive company to resolve a potential multimillion-dollar licensing issue with a state attorney general, resulting in no fine and no press release
- Verizon Wireless in a settlement with the CFPB, FCC, and 51 attorneys general alleging that it permitted third parties to place unauthorized charges on consumers’ wireless phone bills
Articles
"School of hard knocks: Federal student loan servicing and the looming federal student loan crisis" by Jeffrey P. Naimon, Sasha Leonhardt, and Sarah B. Meehan (American University Administrative Law Review)
Nearly forty-three million Americans collectively owe $1.5 trillion in outstanding student loan debt. Of that, approximately ten percent of student loan debt is over ninety days delinquent or in default, while the actual delinquency rate is estimated to likely be double this amount due to the fact...
Articles"Price-gouging a priority as pandemic persists" by Michael N. Morrill
One of the federal government’s most immediate responses to the coronavirus crisis was a highly visible campaign against profiteering. While the absence of an overarching federal anti-price gouging statute has forced prosecutors to improvise and legislators to contemplate new laws in order to...
Buckley Commentary & Analysis"Intra-franchise no-poach agreements: Recent developments and trends" by Adam Miller and Scott T. Sakiyama (Bloomberg Law)
Washington Attorney General Bob Ferguson has obtained binding settlement agreements from 23 prominent franchisors in the nine months since he announced an initiative to eliminate no-poach clauses nationwide, and he has already expanded beyond the fast-food industry. Scrutiny of the clauses, which...
Articles"The role of State AGs in solving student loan crisis" by Sasha Leonhardt (Law360)
State attorneys general are the chief legal officers of their state; state attorneys general are the chief law enforcement officers of their state; and state attorneys general must protect their citizens and vigorously enforce their state’s consumer protection statutes. As broad as these powers and...
ArticlesSpecial Alert: Mulvaney says the CFPB will depend heavily on state Attorneys General for enforcement of consumer protection laws
Mick Mulvaney, the acting director of the Consumer Financial Protection Bureau, in a February 28 speech, outlined the Bureau’s overall direction and strategic priorities, and described plans to coordinate with state Attorneys General in enforcing federal consumer financial protection law. Mulvaney...
Special AlertsTips for Fantasy Sports Cos. As State AGs Target Industry
Selecting the roster of your fantasy football team can be a maddening exercise. You could spend hours analyzing running backs’ carries per game, yards-per-carry averages, and weighing your pass protection concerns against injury risk. But, as they say, on any given Sunday anything can happen. Your...
ArticlesCongress Could Be Coming for Dietary Supplements
The next chapter in the saga of New York State Attorney General Eric T. Schneiderman's investigation of the dietary supplements industry may take place on Capitol Hill. On April 2, Schneiderman and the state attorneys general of Connecticut, the District of Columbia, Hawaii, Idaho, Indiana, Iowa,...
ArticlesRecent Enforcement Trends: State Attorneys General Target the Dietary Supplements Industry
Leslie Meredith authored, "Recent Enforcement Trends: State Attorneys General Target the Dietary Supplements Industry," which was published in NutraIngredients USA on April 9, 2015. Editor’s note: The recent actions of New York Attorney General Eric Schneiderman have changed the enforcement...
ArticlesSpecial Alert: Federal and State Officials Announce Mortgage Servicing Settlement
This morning, U.S. Attorney General Eric Holder, HUD Secretary Shaun Donovan, Iowa Attorney General Tom Miller, and several other state and federal officials jointly announced an approximately $25 billion agreement in principle between the federal government, 49 state attorneys general and the five...
ArticlesState Attorneys General Are the New Bank Regulators
Spurred by the financial crisis and its impact on their constituents, state attorneys general appear to be carving out a new role as de facto bank regulators. This trend, an unexpected fall out of the financial crisis and the passage of Dodd-Frank, may not as yet be fully appreciated. However, it...
Articles
News & Blogs
FTC, Florida file complaint against grant funding operation
On June 27, the FTC and the Florida attorney general filed a complaint against a Florida-based grant funding company and its owner (collectively, “defendants”) alleging that the defendants violated the Consumer Protection Act, the FTC Act, and the Florida Deceptive Unfair Trade Practices Act...
InfoBytesStates reach $1.25 million data breach settlement with cruise line
On June 22, a coalition of state attorneys general from 45 states and the District of Columbia announced a $1.25 million settlement with a Florida-based cruise line, resolving allegations that it compromised the personal information of employees and consumers as a result of a data breach. According...
InfoBytesDistrict Court issues judgment against student debt relief operation
On June 10, the U.S. District Court for the Central District of California entered a stipulated final judgment and order against an individual defendant who participated in a deceptive debt-relief operation. As previously covered by InfoBytes , in 2019, the Bureau, along with the Minnesota and...
InfoBytesStates vow to enter information agreements with FCC against robocalls
On May 31, a coalition of 41 state attorneys generals, on behalf of the National Association of Attorneys General, sent a letter to the FCC commending the agency for its efforts in combating robocalls. Specifically, the AGs praised the FCC’s “leadership in encouraging states to enter into...
InfoBytesNAAG establishes cyber training center to help states understand emerging and evolving technologies
Recently, the National Association of Attorneys General (NAAG) established a new center dedicated to the development of programs and resources for supporting states’ understanding of emerging and evolving technologies. The Center on Cyber and Technology will also assist with cybercrime...
InfoBytesRemittance provider hints it may challenge CFPB’s funding structure
On May 20, a global payments provider, which was recently sued by the New York attorney general and the CFPB, filed a pre-motion letter hinting that it will challenge the constitutionality of the Bureau’s funding structure. As previously covered by InfoBytes , the complaint claimed the “repeat...
InfoBytesCFPB, New York reach $4 million settlement with debt collection operation
On May 25, the U.S. District Court for the Western District of New York entered a stipulated final judgment and order in an action taken by the CFPB, in partnership with the New York attorney general, resolving allegations that a debt collection operation based near Buffalo, New York, which...
InfoBytesArizona obtains $1.6 million in restitution from debt collection operation
On May 10, the Arizona attorney general announced it filed a stipulated consent judgment in the Superior Court of Arizona against a defendant, the owner and manager of a debt collection operation. The AG’s original action was part of the FTC’s “Operation Corrupt Collection”—a nationwide enforcement...
InfoBytesStates urge Biden to forgive student debt
On May 2, a coalition of state attorneys general, led by New York Attorney General Letitia James, announced that they are urging President Biden to cancel all outstanding federal student loan debt. In the letter, the AGs argue that full cancellation of student debt is necessary to address: the (i)...
InfoBytesRemittance provider denies CFPB allegations
On May 2, a global payments provider recently sued by the New York attorney general and the CFPB responded to allegations claiming the “repeat offender” violated numerous federal and state consumer financial protection laws in its handling of remittance transfers. As previously covered by InfoBytes...
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Our State Attorneys General Team
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Recent Blog Posts
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June 29, 2022
FTC, Florida file complaint against grant funding operation
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June 24, 2022
States reach $1.25 million data breach settlement with cruise line
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June 16, 2022
District Court issues judgment against student debt relief operation
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June 7, 2022
States vow to enter information agreements with FCC against robocalls
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June 2, 2022
NAAG establishes cyber training center to help states understand emerging and evolving technologies