AG Coffman Leads Multi-State Amicus Brief in U.S. Supreme Court Case to Hold Online Retailers to Same Standards as Local Businesses

March 7, 2018



Colorado Attorney General Cynthia H. Coffman announced that she and 40 other States, two Territories and the District of Columbia have filed an amicus brief in the United States Supreme Court, supporting the State of South Dakota in South Dakota v. Wayfair, Inc., No. 17-494. The Colorado Attorney General’s Office is lead counsel for the coalition seeking to overturn an outdated rule preventing States from requiring out-of-state online retailers to collect the sales tax that is owed on retail goods. The U.S. Department of Justice has also filed a brief with the Court in support of the states, and the Supreme Court is scheduled to hear the case in April.

New Mexico Wants Consumers to Get the FACTS

March 5, 2018

Albuquerque, NM - Looking to protect yourself from fraud, identity theft, and scams? Maybe you’re wondering about the best way to use credit, how to shop for a used car, or maximize your security online. Attorney General Hector Balderas wants New Mexicans to get the  FACTS  during National Consumer Protection Week:

FACTS:

AG Rosenblum Releases Oregon DOJ’s Top 10 Consumer Complaints of 2017

March 6, 2018

2017 Top Complaints:

Arizona Consumer Protection Tips: Beware of Scams

March 5, 2018

In recognition of Arizona Consumer Protection Week, Attorney General Mark Brnovich released a list of the 5 Warning Signs of a Scam .

1. The Offer Seems Too Good to be True

If it seems too good to be true, it is. Examples include money left to you from an unknown relative or being awarded a grant you did not apply for. Be very suspicious of winning a large sweepstakes prize unless you can confirm its authenticity.

2. They Want Private Information

Anytime someone tries to get your bank account number, Social Security Number, or other sensitive information, you should automatically be on alert. Don't give out personal information.

3. They Ask You to Wire Money

STOP! It's a scam. Con-artists prefer untraceable payment methods like wire transfers.

4. Requests for Fees

Never pay fees or taxes in advance unless you are 100% certain it is not a scam. It is illegal for someone to require up-front payment before funding a loan or paying out a sweepstakes prize.

5. Pressure

Scammers will often put pressure on their victims and urge them to pay immediately or lose the opportunity.

Nevada Attorney General Warns Against Notario Scams

Notaries, lawyers do not offer interchangeable services

March 5, 2018

 

Nevada Attorney General Adam Paul Laxalt and his Bureau of Consumer Protection warn Nevada residents to be on the alert for notario scams. These scams often take advantage of unsuspecting individuals looking for immigration assistance and other legal issues.

 

While Notaries Public or “Notario Publico” may perform duties of attorneys in Spanish-speaking countries, those in the United States cannot practice law, give legal advice or accept fees for legal advice. Notaries may provide only specific services, including taking an acknowledgement, administering an oath or affirmation, executing a jurat or taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument. The term “Notario Publico” is not recognized in the United States, and non-attorneys are not authorized to assist with legal-related matters.

U.S. Supreme Court Decision Bolsters Texas’ Fight to Protect Water Rights to the Rio Grande

March 5, 2018

The U.S. Supreme Court’s ruled that the U.S. Interior Department may intervene in the years-long dispute between Texas and New Mexico over water rights to the Rio Grande, to assert claims under the congressionally-approved 1938 Rio Grande Compact. The Court held that the United States may bring claims against New Mexico because it has “a legal responsibility to deliver a certain amount of water to Texas.”

Ninth Circuit Holds Discharging to Groundwater Wells Requires Clean Water Act Permit

March 6, 2018

Meline MacCurdy analyzes the recent decision from the Ninth Circuit,  Hawaii Wildlife Fund. v. County of Maui, holding that discharging sewage into groundwater wells requires a permit under the Clean Water Act (“CWA”), where those wells are hydrologically connected to the Pacific Ocean. The Ninth Circuit reached this ruling not because the groundwater was itself a regulated water body under the CWA, which has long been within the sole control of state regulators. Nor was there a dispute that the sewage indeed reached the Pacific Ocean via the groundwater injection wells. Rather, the issue turned on whether a discharge to wells that eventually migrates to the Pacific Ocean through groundwater constitutes a “point source” that requires a permit under the CWA. In holding that it does, the Ninth Circuit focused on the well at the point of discharge, concluding that it is a clear “discrete conveyance,” and held that the discharge need not be “directly” to navigable waters, where the discharge to the “discrete conveyance” is “fairly traceable” to the ocean.

Land Buys Raise Water Speculation Fears In Western Colorado

March 5, 2018

When Colorado River District officials caught wind of investment companies recently buying western Colorado ranches with ample senior water rights, including one north of Fruita, it got their attention. The district, which includes Mesa County and 14 other counties and focuses on the protection, conservation, use and development of Colorado River water in western Colorado, long has been concerned about protecting the region’s agricultural sector. Now district staff are worried about a potential new threat to it, from investment companies buying water rights possibly as a speculative investment, and looking to profit later in deals that could lead to some local agricultural land no longer being irrigated and reverting to desert.