August 9, 2017

State Attorneys General Taking An “Ever-Increasing Role” in Regulation

State attorneys general have taken on an ever-increasing role in consumer protection, often banding together to form multistate committees that investigate companies, writes The Recorder.

State laws, according to The Record, have expanded attorney general authority, particularly in California and New York, which have some of the most “far-reaching consumer protection laws in the nation,” such as California’s Unfair Competition Law that provides for injunctive and other relief for any business practice that is deemed “unfair.”

The article notes that there have been “many instances where vague and antiquated laws were being applied to cutting-edge technologies that were not contemplated at the time of the law’s enactment.” State AG’s must use prosecutorial discretion with these types of cases as “consumer protection and economic growth need not be mutually exclusive.”

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