Consumer Protection

Consumer Protection: Understanding Enforcement Actions Brought by State Attorneys General is a guide to a critical realm of consumer protection - enforcement investigations, litigation, and settlements by state attorneys general. These state officials and their enforcement staff are on the front lines of engaging with companies over practices that are alleged to be deceptive or unfair to consumers or otherwise unlawful. Whether on their own, or with other states as well as federal agencies, attorneys general wield considerable power to influence businesses' behavior in the marketplace. Attorney general consumer protection thus has emerged as a distinctive area of practice - drawing in not just attorney general staff but also a substantial community of private practitioners, including attorneys who advise and defend companies when their business practices are challenged as well as attorneys who represent states as outside counsel.

This book examines the set of unique authorities, processes, and practices by which state attorney general enforcement activity takes place. Chapters explore attorney general policymaking; enforcement authorities, including the state "UDAP" laws that are at the heart of this practice area; the remedies available in public enforcement actions; the investigative process; public records issues; states' collaboration with federal agencies; and what is perhaps the hallmark of state attorney general practice, the "multistate" investigation. Punctuating these chapters are case studies and essays that illustrate the breadth of economic activity encompassed by attorney general enforcement, from live-event ticketing to pharmaceutical marketing to potentially abusive debt collection. The book serves as a reference guide to both seasoned practitioners and newcomers to the attorney general consumer protection arena.