Each week, Crowell & Moring's State Attorneys General team highlights significant actions that State AGs have taken. See our State Attorneys General page for more insight. Here are last week's updates.
Multistate
- A coalition of 22 attorneys general filed a brief in Intuit v. Federal Trade Commission to uphold the FTC's order barring Intuit, creator of TurboTax, from deceptively advertising free tax preparation when its services are not free to most customers. In 2023, the FTC issued a cease and desist order to Intuit demanding that it to stop advertising its products as free to consumers, unless the product was free to all consumers. Intuit appealed, requesting to overturn the FTC's cease and desist order. In support of the FTC's order, the brief filed in the United States Court of Appeals for the Fifth Circuit by the attorney generals argues that Inuit manipulated search results, falsely advertised that TurboTax was free, and participated in deceptive business practices by claiming to offer free services when such services were not free to most consumers.
Alabama
- Alabama Attorney General Marshall announced that a temporary restraining order was granted against Legend Windows, LLC and affiliated individuals, Jody Ray Whitworth, Boddy Ray Whitworth, and Robin Simmons Willard. Legend Windows, LLC and the affiliated individuals must halt operations for allegedly violating Alabama's Deceptive Trade Practices Act. Attorney General Marshall alleges that Legend Windows, LLC and the affiliated individuals tricked customers into purchasing windows and doors and then failed to deliver the products. The office has requested restitution for the victims, imposition of civil penalties, and closure of Legend Windows, LLC.
California
- California Attorney General Bonta announced a $500,000 settlement against Tilting Point Media, a mobile game publisher, for violating the California Consumer Privacy Act and the federal Children's Online Privacy Protection Act for collecting and sharing user data without proper consent. Based on the lawsuit, Titling Point failed to screen the ages of the children who were using the game, and the children were not encouraged to enter their correct age to be directed to a child-version of the game. The complaint further alleges that Tilting Point misconfigured third-party software development kits to allow for the collection and sale of the childrens' data without parental consent.
Michigan
- New Hampshire Attorney General Formella announced the review of the proposed acquisition between Catholic Medical Center and HCA Healthcare, Inc. The office's Charitable Trusts Unit and Consumer Protection and Antitrust Bureau will separately examine the potential effects the proposed transaction could have on competition in the state. The Director of the Charitable Trusts Unit will also determine whether the transaction complies with state statutes, and determine whether due diligence was conducted by Catholic Medical Center on whether the transaction is in the best interest of the community.
New Jersey
- New Jersey Attorney General Platkin announced a cease and desist order issued by the Division of Consumer Affairs Bureau of Securities ordering entities operating www.almaxfinancialsolution.com to halt the impersonation of a registered broker-dealer, in violation of New Jersey's Uniform Securities Law. Based on the Order, entities operating this website are scamming investors who pay them to recover lost or stolen money and then fail to deliver the recovery.
Pennsylvania
- Pennsylvania Attorney General Henry announced a lawsuit against Concord Auto Protect, Inc., a vehicle repair service contract company, for allegedly violating Pennsylvania's Unfair Trade Practices Act and Consumer Protection Law by failing to pay for after-market repairs and other expenses as promised under the company's contracts. The lawsuit also alleges that Concord Auto Protect, Inc. failed to answer and return consumer calls and messages. The lawsuit seeks restitution for consumers affected by the after-market vehicle warranty scam.
Washington
- Washington Attorney General Ferguson announced a $5 million settlement of a lawsuit filed against Allure Esthetic and Dr. Javad Sajan for violating the Washington Consumer Protection Act, the Health Insurance Portability and Accountability Act, and the federal Consumer Review Fairness Act. Allure Esthetic artificially inflated its ratings on online platforms, forced patients to sign illegal non-disclosure agreements, and ordered employees to post fake positive reviews. Allure Esthetic is required to pay $5 million, with approximately $1.5 million in restitution to approximately 21,000 affected consumers.
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