6 Consumer Protection and State Attorneys General: Sept. 29, 2025 6 Consumer Protection and State Attorneys General: Sept. 29, 2025
6.1 Introduction 6.1 Introduction
Every state and the District of Columbia has authorized its attorney general to enforce state consumer protection statutes in state court on behalf of their citizens who were victims of “unfair or deceptive” practices in the marketplace. While each state differs on the breadth of its coverage and the remedies available of its Unfair and Deceptive Acts and Practices Act (UDAP), it is a core duty of every attorney general to be involved in consumer protection. Additionally, due to the breadth of pre-suit investigatory authority using a Civil Investigative Demand (CID), AGs have powerful tools not available to most civil litigants. AGs use their broad consumer protection authority to investigate and sue anyone engaged in “unfair or deceptive” practices either in single state actions or as part of multistate coalitions.
6.3 Civil Investigative Demand (CID) Authority 6.3 Civil Investigative Demand (CID) Authority
6.3.1. Madison Equities, Inc. v. Attorney General, 967 N.W.2d 667 (Minn. 2021) (edited)
6.3.2. TX AG is stretching the boundaries of consumer protection laws to pursue political targets, Tex. Tribune (May 30, 2024)
6.4 Single State Consumer Protection Matters 6.4 Single State Consumer Protection Matters
6.4.1. MN AG v. Accretive Articles (2008 – 2013)
6.4.2. WA AG Vastly Expanded his Office to Focus on Consumer Cases, Seattle Times (Oct. 13, 2024)
6.4.3. WA AG ordered to pay $4.2 million in fees in consumer case, KNKX (Oct. 18, 2023)
6.5 Multistate Consumer Protection Actions 6.5 Multistate Consumer Protection Actions
The integration of our economy and the rise of technology has made it essential for attorneys general to work cooperatively across state lines if they are to engage in the traditional affirmative enforcement of state laws covering matters such as consumer protection, antitrust, charities, medicaid fraud and illegal internet related. activity Over the last thirty years AG offices have developed protocols for such cooperation and this section explores that process.
6.5.1. Thomas Schmerling, Stag Hunting with the State AG: Anti-Tobacco Litigation and the Emergence of Cooperation Among State Attorneys General, 25 Law & Policy 429 (2003) (edited)
6.5.2. Jason Lynch, Federalism, Separation of Powers, and the Role of State Attorneys General in Multistate Litigation, 101 Colum. L. Rev. 1998 (2001) (edited)
Jason Lynch, Federalism, Separation of Powers, and the Role of State Attorneys General in Multistate Litigation, 101 Colum. L. Rev. 1998 (2001) (edited) (Links to an external site.)