Announcements, information & updates from the Attorney General Alliance Members and Associates
August 5, 2022
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Attorneys General from across the United States joined a nationwide Anti-Robocall Litigation Task Force of 50 attorneys general to investigate and take legal action against the telecommunications companies responsible for bringing a majority of foreign robocalls into the United States. This bipartisan nationwide Task Force has one goal: to cut down on illegal robocalls. |
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Georgia Attorney General Chris Carr announced that Rachelle Parker has pleaded guilty to Theft by Taking in connection with a fraudulent online ordering scheme involving eyeglasses retailer Warby Parker.
Between October 28, 2017, and September 18, 2018, Rachelle Parker engaged in a fraudulent online ordering scheme to steal eyeglasses frames from Warby Parker. During this time, Parker opened hundreds of online accounts with Warby Parker, each using a separate email address, to order and receive frames for eyeglasses as part of the company’s Home Try-On program. With this program, prospective customers can sample and review eyeglasses frames before deciding whether or not to purchase them.
In opening multiple accounts, Parker used pre-paid debit cards, which were loaded with little or no funds and could not cover the cost of the products if they were not returned. Parker ultimately ordered and received $126,900 worth of eyeglasses frames, which she did not pay for or return. A Fayette County Superior Court Judge sentenced Parker to 10 years, including 12 months to be served in jail and nine years on probation. The defendant was also ordered to pay $50,000 in restitution to the company.
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A seventeen-state coalition is suing the current administration over proposed rules that would violate the Second Amendment. The attorneys general filed a complaint against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Department of Justice, and the Acting Director of ATF. The coalition joined Morehouse Enterprises, Gun Owners of America, and Gun Owners Foundation to fight the administration over the ATF’s unconstitutional rulemaking that would regulate firearm parts manufacturers.
The rulemaking seeks to, among other things, regulate unfinished, non-functional parts as if they were complete firearms. This threatens the American tradition of private firearms manufacturing that predates the Revolution.
In addition, the complaint alleges that ATF’s rulemaking takes steps toward the illegal creation of a national firearms registry. It would require firearms retailers to keep all sales records beyond their current 20-year retention requirement and eventually turn them over to the ATF instead of responsibly destroying them. This threatens the privacy of every gun owner in the country.
Joining the coalition are attorneys general of Alaska, Arizona, Arkansas, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wyoming.
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A coalition of eight state and territorial Attorneys General sent a letter to the Environmental Protection Agency (EPA) Administrator encouraging the EPA to consider establishing National Ambient Air Quality Standards (NAAQS) for greenhouse gases to address the climate crisis. The letter follows in the wake of West Virginia v. EPA, the recent U.S. Supreme Court decision limiting the EPA’s ability to reduce greenhouse gas emissions from existing power plants. If the EPA were to adopt NAAQS for greenhouse gases, all 50 states would be required to develop a comprehensive climate action plan specifically designed for their state.
In the letter, the Attorneys General urge this course of action as a means of meeting the United States’ commitments under the Paris Agreement, a worldwide climate accord the U.S. just recently rejoined, without invoking the “major questions” doctrine the Supreme Court relied on in striking down the EPA’s power plant regulation authority.
The letter was signed and submitted to the EPA by the Attorneys General of Delaware, Guam, Iowa, Maine, Michigan, Minnesota, New Mexico, and Oregon.
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A bipartisan group of attorneys general announced an agreement in principle to address the opioid crisis. The proposed settlement would require the former opioid maker Allergan to pay up to $2.37 billion to participating States and local governments.
Once finalized, the combined Allergan and Teva settlements would provide as much as $6.6 billion nationwide. Both settlements remain contingent on the resolution of key issues regarding the settlement structure. The parties are also negotiating terms requiring reformed business practices and increased transparency.
The coalition of states alleged that Allergan:
- Deceptively marketed opioids by overstating their benefits and downplaying the risk of addiction, and by encouraging doctors to prescribe more opioids to treat patients showing signs of addiction; and
- Failed to maintain effective controls to prevent diversion of opioids.
The $2.37 billion figure includes money that Allergan has already agreed to pay under settlements with individual States.
The negotiations are being led by California, Iowa, Illinois, Maryland, Massachusetts, New York, North Carolina, Pennsylvania, Tennessee, Texas, Vermont, Virginia, and Wisconsin. While New York was among the 13 States integral to negotiating this settlement, New York settled separately with Allergan in December 2021.
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New York Attorney General Letitia James co-led a coalition of 22 Attorneys General and filed an Amicus Brief to Protect an Indiana Student Against Gender-Based Discrimination. They took legal action to protect students' rights in filing an amicus brief in the case of A.C. v. Metropolitan School District of Martinsville opposing the school district’s efforts to bar a student from using a specific bathroom. The student, A.C., was forced to use a single-sex restroom located in the school's medical clinic rather than be allowed to use any of the other restrooms throughout the school.
The brief — filed in the U.S. Court of Appeals for the Seventh Circuit — argues for the court to affirm a lower court ruling requiring the Metropolitan School District of Martinsville, Indiana to allow A.C. to use the boys’ bathroom. The coalition of attorneys general note that the school district violates Title IX of the Education Amendments of 1972 by denying access to the same common restrooms that all students may use. The amicus brief also demonstrates that the inclusive policies that maintain sex-segregated spaces.
Joining in filing the brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.
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A coalition of Attorneys General sent a letter to the Federal Trade Commission (FTC) urging the agency to repeal telemarketing exemptions and add measures to protect consumers from scams and unwanted calls. The letter to the FTC was joined by a coalition of 39 attorneys general.
The coalition consisted of attorneys general from Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Virginia, Washington, and Wisconsin in sending the letter to the FTC.
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California Attorney General Rob Bonta, Governor Gavin Newsom, and the California Air Resources Board led a multistate coalition in filing a motion to intervene in defense of federal fuel economy standards for light-duty vehicles. In May 2022, the National Highway Traffic Safety Administration (NHTSA) adopted more stringent fuel economy standards for model year 2024-2026 vehicles. Attorney General Bonta led a multistate coalition in urging the NHTSA to adopt these standards, and a similar coalition now seeks to join NHTSA in defending these standards from challenges filed by several states and a petroleum industry group.
In the motion to intervene, the coalition argues that the fuel economy standards are critically important to the states, which have a responsibility to protect residents and state resources from rising gas prices, oil price shocks, and negative impacts from higher fuel consumption, including harmful emissions from fuel refining activities.
Attorney General Bonta, Governor Newsom, and CARB are joined by the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Washington, and Wisconsin, as well as the city and county of Denver, and the cities of Los Angeles, New York, and San Francisco in filing today’s motion.
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AGA Sponsor National Beer and Wine Association (NBWA) launched the Distributors Against Human Trafficking and since its launch, the program has successfully mobilized the entire beer distribution industry in the fight against human trafficking by providing local distributors with the necessary tools and resources to recognize and report the signs of this heinous crime. In 2021, NBWA hit its landmark goal to train distributor employees in all 50 states and received the Power of A Gold Award from the American Society of Association Executives (ASAE). To date, nearly 29,000 beer distributors have been trained to spot the signs of human trafficking.
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Troutman Pepper Expands Leading State Attorneys General Practice
Clayton Friedman Brings Decades of Consumer Regulatory Expertise to Troutman Pepper. Clayton Friedman, a leading authority in the state attorneys general space, has joined Troutman Pepper’s nationally recognized State Attorneys General Practice Group in Orange County, CA a partner. He previously practiced at Crowell & Moring LLP, where he founded and led the firm’s state AG practice.
Friedman, one of only eight attorneys in the country ranked in the top tier of Chambers USA’s nationwide state AG category, previously served for more than a decade in various roles in the Missouri Office of the Attorney General and has more than 25 years of experience in private practice. He regularly represents clients in singular or multistate attorney general regulatory actions and handles regulatory matters involving the Federal Trade Commission, the Consumer Financial Protection Bureau, and other local, state, and federal agencies.
Troutman Pepper is a national law firm with more than 1,200 attorneys strategically located in 23 U.S. cities. The firm’s litigation, transactional, and regulatory practices advise a diverse client base, from start-ups to multinational enterprises.
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AG Alliance Co-Chairs
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