2022

In late September, we blogged about a lawsuit that the Chamber of Commerce and other business groups filed against the CFPB, challenging the CFPB’s update to its Supervision and Examinations Manual. As updated, the manual now states that discrimination is an “unfair” practice under the Dodd-Frank Act, and that the agency plans to scrutinize it “across the board in consumer finance,” “including in situations where fair lending laws may not apply.” We noted in our blogpost that the FTC and the State AGs were also sending signals that they planned to challenge discrimination using their unfairness authority.

Well, the FTC just did. On October 18, it announced a settlement with Passport Automotive Group resolving allegations (among other charges) that Passport engaged in an unfair practice when it imposed higher costs on Black and Latino customers than on similarly situated non-Latino White customers. The vote was 4-1, with Commissioner Phillips dissenting and Commissioner Wilson concurring in part and dissenting in part.

https://www.adlawaccess.com/2022/10/articles/update-on-discrimination-and-unfairness-the-ftcs-case-against-passport-automotive-group/

Jessica L. Rich
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Update on Discrimination and Unfairness – The FTC’s Case Against Passport Automotive Group

Attorney General Karl Racine announced a new lawsuit against the Washington Commanders, team owner Dan Snyder, the NFL, and NFL Commissioner Roger Goodell for “colluding to deceive DC residents about an investigation into toxic workplace culture and allegations of sexual assault to maintain a strong fanbase and increase profits.”

The lawsuit claims that “for decades, Snyder has cultivated an environment within the Team that glorifies sexual harassment and punishes victims for speaking out.” Throughout the 45-page complaint, the AG details examples of a hostile work environment which, if true, are reprehensible. But why are you reading about a lawsuit that focuses on a hostile work environment on a blog that focuses on advertising law?

The AG argues that DC’s Consumer Protection Procedures Act (or “CPPA”) “establishes an enforceable right to truthful information from merchants about consumer goods and services that are or would be purchased, leased, or received in the District of Columbia,” that the defendants are “merchants” under the law, and that they provide “consumer goods and services” to DC residents. Nothing too surprising there.

Gonzalo E. Mon
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DC Lawsuit Against the Commanders Signals Expansion of Consumer Protection Laws

The World Cup kicked off amidst cheers and chants from the fans who had made their way to Qatar to watch the games. Although most fans chanted in support of their teams, Ecuadorean fans in one section of Al Bayt Stadium had a different message: “Queremos cerveza, queremos cerveza.” They want beer. Sadly for them, there is no beer to be had after the government in Qatar made a last-minute decision to ban sales at all World Cup stadiums.

https://www.adlawaccess.com/2022/11/articles/thirsty-world-cup-fans-serve-up-reminder-about-sponsorship-agreements/

Gonzalo E. Mon
Phone: (202) 342-8576
Email: gmon@kelleydrye.com
Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon

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Thirsty World Cup Fans Serve Up Reminder About Sponsorship Agreements

Multiple state Attorneys General (AGs) and staff from offices nationwide gathered in Washington, DC for the National Association of Attorneys General (NAAG) 2022 Consumer Protection Fall Conference. The conference addressed pressing and relevant consumer protection issues facing attorney general offices. The public portion of the conference included a panel of current and former AGs, who focused their remarks on multistate investigations.

All of participating current and former AGs agreed that multistates would continue to be an important part of their work. AG Brian Frosh (MD) described them as a “force multiplier” for AG offices with limited resources, and AG Doug Peterson (NE) reiterated that they are going to continue to be an important focus nationwide. AG Kwame Raoul (IL) pointed out that multistates have the benefit of multiple perspectives, and may be able to address priorities that may not be on a particular AG’s radar. AG Jonathan Skrmetti (TN) also described multistates as a way to overcome resource asymmetry between states and sees them as capable of making a massive impact on society.

https://www.adlawaccess.com/2022/11/articles/attorneys-general-revisit-the-state-of-multistates/

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Attorneys General Revisit the State of Multistates

The DC Superior Court dismissed a lawsuit brought by Earth Island Institute against Coca-Cola, alleging that the company falsely represents itself as “a sustainable and environmentally friendly company, despite being one of the largest contributors of plastic pollution in the world.” The court held that many of the challenged statements are aspirational and do not include anything that can be measured to determine whether they are true or false.

https://www.adlawaccess.com/2022/11/articles/coca-cola-scores-second-win-over-green-claims-in-one-month/

Gonzalo E. Mon
 gmon@kelleydrye.com 
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Coca-Cola Scores Second Win over Green Claims in One Month

a coalition of 40 attorneys general obtained two multistate settlements with Experian concerning data breaches it experienced in 2012 and 2015 that compromised the personal information of millions of consumers nationwide. The 2012 breach investigation was co-led by the Massachusetts and Illinois AG offices, and the 2015 investigation was co-led by the AGs of Connecticut, DC, Illinois, and Maryland. An additional settlement was reached with T-Mobile in connection with the 2015 Experian breach, which impacted more than 15 million individuals who submitted credit applications with T-Mobile.

https://www.adlawaccess.com/2022/11/articles/ag-settlements-call-for-stronger-data-security/



Paul L. Singer 
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(202) 342-8672 
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Ali Albazzaz  
aalbazzaz@kelleydrye.com.
(312) 857-2619
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Beth Chun 
bchun@kelleydrye.com 
(202) 342-8671
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AG Settlements Call for Stronger Data Security

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Update on Discrimination and Unfairness – The FTC’s Case Against Passport Automotive Group

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