Payment Processor Caught in the Web of Allegedly Illegal “Free Trial” Scheme
This week's update includes the following, and more:
- Payment Processor Caught in the Web of Allegedly Illegal “Free Trial” Scheme
- If You Are a Hospital in Washington State, Charity Is Not Just Good for the Soul but Required by Law
- Beware of Online Marketing Claims about the Value of Mushroom-Infused Instant Coffee
- Comcast/Xfinity Agrees to Pay $1.3 Million to Settle Suit over Its Marketing and Billing Practices
View the weekly update.
With the nation’s preeminent state attorneys general (AG) practice, Cozen O’Connor provides clients unmatched counsel and boutique-quality personal service in AG-related legal and policy matters across the country. Our attorneys represent clients in AG investigations and litigation (including multistates and federal co-enforcement actions) and counsel clients based upon decades of experience working with AGs across the country.
Cozen O’Connor’s state attorneys general practice is one of the largest in the United States. Members of our practice are widely recognized for establishing this area of legal representation and have worked closely with AG offices and clients for more than 30 years. Our attorneys continue to work at the forefront of emerging state attorneys general issues. Drawing from their deep experience, our attorneys help clients:
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Establish and maintain dialogue with AGs
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Educate AGs on national and state policy issues
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Anticipate and craft creative solutions to potential issues before they impact the client
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Minimize exposure to and liability from litigation
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Defend vigorously when investigations are unavoidable or litigation is necessary
We provide solutions to businesses on matters brought by state attorneys general across the country, including defending our clients against litigation, qui tam actions, and investigations (including multistate and federal co-enforcement actions) of business practices relating to antitrust, consumer protection, data privacy, and the environment.
Complex Litigation Resolution and Avoidance
We create customized strategies to help our clients avoid becoming targets of costly AG investigations and litigation, and to extricate them from such challenges should they materialize.
Consumer Protection and Antitrust Investigations and Litigation
Whether involving a single state attorney general or multiple attorneys general — we vigorously defend the interests of our clients who face consumer protection and antitrust investigations and litigation. We have successfully resolved investigations involving all 50 state AGs.
State False Claims Acts
Qui tam actions are on the rise as more states adopt false claims acts. Any company doing business with a state has a potential risk. We have experience representing clients in both Medicaid and non-Medicaid false claims act actions. AGs are the gatekeepers that determine whether the state intervenes in an action or not. We have implemented successful strategies that advocate against the state intervening in qui tam actions.
Consumer Financial Protection Bureau
The Consumer Financial Protection Bureau (CFPB) has made partnering with AGs a top priority. We have significant experience assisting financial services firms with issues before the CFPB and AGs. Our attorneys actively engage with the CFPB and AGs on finance-related issues.
Data Privacy and Information Security
AGs have stepped up enforcement of data protection and privacy laws that range from regulating information collection practices targeted to minors to notice requirements for payment card data losses and other breaches. We advise Fortune 500 companies in the credit card, telecommunications, pharmaceutical, retail and other industries on data privacy, data breaches and information security matters before state AGs.
Amicus Briefs
State AGs can have a significant impact on the outcome of litigation as amici. We have secured AG amicus support in the U.S. Supreme Court in many landmark cases.
January 23, 2020
Consumer Protection
Payment Processor Caught in the Web of Allegedly Illegal “Free Trial” Scheme
The FTC reached a settlement with overseas payment processor SIA Transact Pro and its former Chief Executive Officer (collectively “SIA”) to settle allegations that it enabled U.S.-based defendants...
January 17, 2020
Charities
23 Attorneys General Band Together to Make PayPal’s Charitable Donations Platform More Transparent
A bipartisan coalition of 23 AGs, led by Connecticut AG William Tong and Nebraska AG Doug Peterson, reached a settlement with PayPal Charitable Giving Fund, Inc. (“PPGF”), the...
January 09, 2020
Cozen in the News
Cozen O’Connor’s State Attorneys General Group Identifies Current Best Practices for Data Security According to FTC and State Attorneys General
Ann-Marie Luciano and Jawaria Gilani published an article in the January 8, 2020 edition of Cybersecurity Law Report that analyzes...
December 19, 2019
Labor & Employment
Whistleblower Leads to Shutdown of Infosys’ Alleged System for Avoiding California Taxes
California AG Xavier Becerra reached a settlement with India-based business consulting and outsourcing services company Infosys Limited and its subsidiary to resolve allegations...
December 12, 2019
For-Profit Colleges
University of Phoenix’s Wings Clipped with $191 Million Settlement Over Allegedly Deceptive Marketing
The Federal Trade Commission (“FTC”) reached a settlement with the University of Phoenix and its parent company, Apollo Education Group (collectively, “Phoenix”), to...
December 05, 2019
Consumer Protection
When “Free” Trials Come With Strings Attached: Attorneys General Ask FTC to Look Into Deceptive Negative Option Marketing
Twenty-three AGs, led by New York AG Letitia James and Pennsylvania AG Josh Shapiro, submitted comments in response to an Advance Notice of Proposed...
November 21, 2019
False Claims Act
New York AG Takes Up Whistleblower’s Allegation that All May Not Be Picture-Perfect with B&H Foto & Electronics
New York AG Letitia James sued photo and video equipment retailer B&H Foto & Electronics Corp. (“B&H”) for allegedly knowingly failing to pay...
November 14, 2019
Data Privacy & Security
How Did A Hacker Allegedly Access A Million Customers’ Personal Data? Let the FTC Count the Ways.
The FTC has reached a settlement with technology company InfoTrax Systems, L.C. and its CEO (collectively, “InfoTrax”), resolving allegations that InfoTrax failed to...
November 07, 2019
Cozen in The News
Cozen O’Connor’s State Attorneys General Practice Co-Chairs Quoted in Article on Resources Spent on Big Tech Antitrust Probes by State Attorneys General
Bernie Nash and Lori Kalani, Co-Chairs of Cozen O’Connor’s State Attorneys General Practice, are quoted in a Bloomberg Law...
October 31, 2019
Data Privacy & Security
FTC Staff Comments on NIST’s Proposed Privacy Framework
Federal Trade Commission (“FTC”) staff submitted a comment on the preliminary draft of the National Institute of Standards and Technology’s (“NIST”) Privacy Framework: A Tool for Improving Privacy through...
August 26, 2019
Milton Marquis, Ann-Marie Luciano & Keturah Taylor published an article highlighting the growing role of State Attorneys General utilizing their antitrust authority on a national scale through multistate action and co-enforcement activity with their federal counterparts.
April 09, 2019
Kristina Howard wrote about the upcoming 2019 State Attorney General elections that will take place in Kentucky, Louisiana, and Mississippi.
February 20, 2019
Ann-Marie Luciano and Jawaria Gilani discuss the State Attorneys General actions relating to opioids in 2018 and predict enforcement trends for 2019.
December 12, 2018
Kristina Howard, a policy adviser for Cozen O'Connor's State Attorneys General practice group, wrote about the new incoming class of 2019 State Attorneys General.
October 30, 2018
On this podcast, Cozen O'Connor Public Strategies Managing Partner Howard Schweitzer and Former Virginia Attorney General and member of the Cozen O’Connor State AG group Jerry Kilgore join Blake Rutherford to discuss the highlights of key incumbent and open seat races in the 31 State AG elections in 2018.
October 17, 2018
An article authored by JB Kelly and Bryan Mosca has been published in the most recent quarterly issue of Today’s General Counsel.
September 11, 2018
After 31 AG primary elections, of which four incumbents were contested, and three Republican AG runoff primaries, the AG primary season will officially conclude on September 13 in New York.
June 01, 2018
Bryan Mosca, a member of Cozen O'Connor's State Attorneys General practice and Mark Quist, a law clerk of the firm's State Attorneys General practice, wrote about the implications of the gaming industry with legalized sports gambling in New Jersey.
August 31, 2016
Lori Kalani and Chris Allen discuss the implications of the Oregon State AG's lawsuit against GNC for the dietary supplements industry.
January 06, 2016
Lori Kalani and Maria Colsey Heard discuss AG investigations in, "Be Prepared When a State Attorney General Calls."
June 10, 2015
Bernard Nash, Ann-Marie Luciano and Bryan Mosca discuss new investigatory and policy activity among state attorneys general.
May 05, 2015
The guide includes information on attorney generals in all 50 states, the District of Columbia, Commonwealth, and Territories of the United States, including a photos, year first elected or appointed, political party affiliation, leadership positions and brief background summaries.
January 08, 2020
Ann-Marie Luciano and Jawaria Gilani published an article in the January 8 edition of CyberSecurity Law Report setting out practical steps companies can take to reduce the likelihood of a data breach.
December 23, 2019
Lori Kalani, co-chair of Cozen O’Connor’s State Attorneys General practice was quoted in a Bloomberg Law article discussing the cascading effect likely to result from the enactment of California’s new privacy laws and other actions by state attorneys general to hold companies accountable for collection and use of consumer data.
December 06, 2019
On December 6, Bryan Mosca, a member of the State Attorneys General Practice, participated in a panel together with labor industry experts from Harvard Law, Chicago-Kent College of Law, and the Arise Worker Center at the Institute for Law and the Workplace Employment Law Conference in Chicago, IL.
November 06, 2019
Bernard Nash and Lori Kalani were quoted in Bloomberg Law, discussing the strain that antitrust probes of Alphabet, Inc.’s Google and of Facebook, Inc. may place on the budgets of state Attorneys General already handling resource-intensive investigations and suits relating to opioids and drug-price fixing.
October 21, 2019
Bernie Nash, co-chair of the firm’s State Attorneys General Practice, is quoted in a Wall Street Journal article describing the upcoming courtroom showdown between Exxon Mobil Corp. and New York’s Attorney General over how the oil industry accounts for the impact of climate change.
July 11, 2019
Lori Kalani was quoted in The American Lawyer about attorneys general and state agencies taking action against litigation funders under state consumer protection laws.
June 03, 2019
Bernie Nash discussed with Corporate Counsel the legal causes that state attorneys general pushed during the month of May.
May 10, 2019
JB Kelly spoke with FTC Watch about the FTC’s April 24, 2019, settlement orders in cases against ClixSense and i-Dressup.
April 25, 2019
Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.
February 08, 2019
Bernie Nash and Lori Kalani discussed with Corporate Counsel which sectors may see more aggressive scrutiny from state attorneys general in 2019, the kinds of actions corporations can expect to see, and how to be prepared.
September 21, 2018
Super Lawyers has named 17 Cozen O'Connor attorneys to its 2018 New York Super Lawyers and Rising Stars list. Twelve were recognized as Super Lawyers and five were named "Rising Stars."
August 22, 2018
One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.
May 21, 2018
Cozen O’Connor is pleased to announce that Chambers USA has recognized 50 Cozen O’Connor attorneys for 2018 as leaders in their respective fields; 12 attorneys were recognized nationally and 14 were ranked in the top band either nationally or at the state level.
May 02, 2018
Bernard Nash and Lori Kalani, co-chairs of Cozen O’Connor’s State Attorneys General practice, were quoted in the Chicago Daily Law Bulletin regarding the trend of state AGs bringing lawsuits against the federal government, from the Reagan administration to the present.
February 22, 2018
JB Kelly, of Cozen O’Connor’s State AG group, was featured in the American Financial Services Association’s Newsbriefs highlighting his remarks at AFSA’s first Law & Compliance Symposium about how AGs develop their investigations against companies.
February 13, 2018
Thirty states plus the District of Columbia will hold elections for State AG this year, including at least ten open-seat races. AGs appointed by governors or legislatures may change in an additional five states in 2018.
January 03, 2018
The Virginia team will be headed by Jerry W. Kilgore, a member of Cozen O’Connor’s State AG practice and former Virginia State Attorney General. Cozen O’Connor’s State AG group is one of the largest and oldest state AG practices in the nation, with a focus on AG-facing investigations, litigation, outreach, and policy.
November 09, 2017
Bernie Nash, co-chair of Cozen O'Connor's State Attorneys General practice, was featured in Brooklyn Law School's alumni notes.
September 19, 2017
Lori Kalani, co-chair, and Jerry Kilgore, a member of Cozen O'Connor's State Attorneys General practice, joined Josh Long of Natural Product Insider for his podcast.
August 23, 2017
Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.
June 29, 2017
Bernie Nash and Lori Kalani, both members of Cozen O'Connor's State Attorneys General practice, discuss how law firms can prepare for more State AG actions in Law360.
May 26, 2017
Chambers USA recognized 47 Cozen O’Connor lawyers as leaders in their respective fields; 14 attorneys were recognized nationally and 11 were ranked in the top band.
May 22, 2017
Cozen O’Connor’s State Attorneys General practice group has received the Burton Award’s first “Blog of the Year Award in Law.” The national awards program is held in association with the Library of Congress and co-sponsored by the American Bar Association.
April 25, 2017
Lori Kalani, co-chair of Cozen O’Connor’s State Attorneys General practice, recently had the opportunity to speak to Massachusetts Attorney General Maura Healey about her efforts in concert with other AGs challenging the Trump Administration in several key policy areas, as well as her other priorities and issues of focus as an attorney general.
April 03, 2017
The management committee is pleased to welcome a particularly qualified group to membership, composed of outstanding attorneys who have demonstrated remarkable professionalism, leadership, dedication, and loyalty to the firm and the legal community at large.
February 28, 2017
The expansion of Cozen O’Connor’s leading State Attorneys General practice with the addition Jerry Kilgore has been profiled by The National Journal.
February 27, 2017
Cozen O’Connor is pleased to announce that Jerry Kilgore has joined the firm’s State Attorneys General (AG) Practice as a member.
August 15, 2016
Sixty-two Cozen O’Connor lawyers from 13 of the firm’s national offices have been selected for inclusion in the 2017 edition of The Best Lawyers in America.
July 18, 2016
Cozen O’Connor’s State Attorneys General Practice represented Herbalife International, Inc. and Herbalife International of America, Inc. in separate settlements with the Federal Trade Commission (FTC) and the Illinois Attorney General’s Office.
May 27, 2016
Chambers USA recognized 41 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 11 were ranked in the top band.
January 22, 2016
Lori Kalani, a member of Cozen O'Connor's State Attorneys General practice, discusses last years investigation into the Nutritional Supplement Industry and their steps moving forward.
December 01, 2015
Riley previously served as chief deputy attorney general in the Kentucky Attorney General’s office and will be resident in Cozen O’Connor’s Washington, D.C., office.
July 06, 2015
Chambers USA recognized 37 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 10 were ranked in the top band.
June 30, 2015
Milton A. Marquis, a member of Cozen O’Connor’s State Attorneys General Practice, has recently been elected to the Board of Trustees for Case Western Reserve University. Milton focuses his practice on antitrust and consumer protection litigation. As a member of the nation’s leading State Attorneys General Practice, Milton has represented major companies on a wide range of antitrust and consumer protection investigations and litigations and legal and policy matters involving state attorneys gen
June 04, 2015
Lori Kalani and JB Kelly discuss the lag in Pennsylvania-related attorney general work and possible causes for the decline.
May 05, 2015
On the heels of its recent announcement of the addition of 60 lawyers in Chicago, Cozen O’Connor is proud to announce the addition of ten attorneys and government professionals and the formation of the firm’s State Attorneys General Practice.