Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. See our State Attorneys General page for more insights.
Multistate
- A bipartisan coalition of 45 state attorneys general announced a settlement with Precision Toxicology, LLC d/b/a Precision Diagnostics, Inc. The settlement resolves allegations that Precision either submitted, or caused the submission of, false claims to the Medicaid program related to urine drug testing that was either not medically necessary or tainted by kickbacks. Precision must pay $27 million plus interest in civil penalties to resolve the allegations set forth in lawsuits filed under the qui tam provisions of the federal and state False Claims Acts, which allow private parties to bring suit on behalf of the government and to share in any recovery.
- A coalition of 20 state attorneys general announced their defense of a Biden Administration rule that would expand healthcare access to Deferred Action for Childhood Arrivals (DACA) recipients–or Dreamers–by making them eligible for participation in the Affordable Care Act’s insurance marketplace. The rule, which goes into effect on November 1, 2024, was challenged by a separate coalition of 19 state attorneys general.
California
- California Attorney General Bonta announced a lawsuit against ExxonMobil for allegedly engaging in a decades-long campaign of deception that caused and exacerbated the global plastics pollution crisis. The lawsuit alleges that ExxonMobil violated state nuisance, natural resources, water pollution, false advertisement, and unfair competition laws. The suit seeks nuisance abatement, disgorgement of profits, civil penalties, and injunctive relief.
Connecticut
- Connecticut Attorney General Tong announced a $5 million stipulated judgment against Vison Solar settling a lawsuit that solar company engaged in high-pressure sale tactics, misrepresentations, and unpermitted work. The settlement agreement prevents the use of tablets and phones for contract signing and bars the signing of contracts on the same day a salesperson first visits a home. The settlement agreement resolved alleged violations of the Connecticut Unfair Trade Practices Act, the Home Improvement Act, and other state laws.
Indiana
- Indiana Attorney General Rokita filed a lawsuit against RICH-MONS Group, LLC for failure to repair and maintain The Pointe Apartments, an apartment complex, in Plymouth, Indiana. Following an inspection of the apartment building, the corporate landlord allegedly failed to maintain roof leaks, visible black mold, and other unsafe living conditions, in violation of Indiana’s Deceptive Consumer Sales Act. The lawsuit demands a jury trial and damages, including the cost of prosecution.
Massachusetts
- Massachusetts Attorney General Campbell announced a settlement with Franklin Credit Management Corporation to resolve allegations that the company violated Massachusetts consumer protection laws by improperly attempting to collect on debts in its portfolio of primarily second-lien mortgages, after failing to communicate with borrowers or provide required statements or comply with foreclosure-prevention measures. The company also will not transfer or sell any of these loans to another entity, effectively relieving the burden of over $10 million in debt for hundreds of Massachusetts borrowers. In addition, Franklin Credit will pay $300,000 in civil penalties to the Commonwealth, and change its business practices to comply with state laws, if it wishes to service any future mortgages in Massachusetts.
- Massachusetts Attorney General Campbell announced nearly $1 million in citations against five employers: Tesco Inc., a Woburn temporary staffing agency; Horse N’ Carriage, a Norfolk restaurant; Paixao, Inc., a Ludlow cleaning and janitorial services company; Allied Health Systems, LLC., a home healthcare company in Springfield; and, John Oliveira & Sons Stamp Concrete, Inc., a Dartmouth construction company, for failing to comply with Massachusetts’ Earned Sick Time Law. The employers must pay over $690,000 as restitution to their affected workers and more than $274,000 in civil penalties.
Michigan
- Michigan Attorney General Nessel announced that members of her office testified before the Senate Committee on Finance, Insurance, and Consumer Protection in support of two Senate Bills that would enhance consumer protections from data breaches and price gouging. Senate Bills 888-892 would enhance state law by requiring companies to provide timely notice of a data breach to the Department of Attorney General, if 100 or more state residents are affected. Senate Bills 954-956 seek to protect against price gouging and the selling of goods or services at a more than 10 percent increase from the price immediately prior to an emergency declaration or market disruption. The bills also allow the Attorney General to enforce actions against data breaches and price gouging, in addition to seeking penalties for violations of the laws.
Minnesota
- Minnesota Attorney General Ellison announced a settlement with Evergreen Acres Dairy, Evergreen Estates, Morgan Feedlots, and the dairy operations’ owners, Keith Schaefer and Megan Hill. The settlement resolves allegations that these employers systematically withheld wages from workers, and illegally deducted rent from workers’ wages for substandard housing, in violation of the Minnesota Payment of Wages Act, Fair Labor Standards Act, the Covenant of Habitability, and other state labor and housing laws. Evergreen will pay $250,000 in back wages to workers, as well as continue to bring employee housing up to standard. Evergreen will be subject to three years of monitoring and to an additional civil penalty of $250,000 for violations during this period.
Missouri
- Missouri Attorney General Bailey announced a $131,022 judgment against sole proprietor Cory Richards for violating the Missouri Merchandising Practices Act, by making false promises to provide home renovations or repairs that were never performed or inadequately completed. The Clay County Circuit Court ordered Mr. Richards to pay $131,022 in consumer restitution, in addition more than $17,000 in civil penalties. The judgment also bars Mr. Richards from owning or operating similar businesses and advertising or selling home repair or remodeling services in the state.
New York
- New York Attorney General James announced a petition to dissolve the non-profit organization, Community Resource Collaborative, for misusing government funds intended to support local organizations that provide services to Rochester-area communities. The Collaborative was created in 2021 to distribute millions of dollars in federal funds to 12 local organizations that provide housing, food, and other essential services to New Yorkers in the Rochester area. Attorney General James alleges that the Collaborative’s executives used federal funds to pay for personal expenses, and failed to deliver more than $243,000 to the local organizations that were promised aid. In accordance with the New York Not-for-Profit Corporation Law, the petition seeks to dissolve the Collaborative, appoint a receiver to liquidate its assets, and distribute the funds to the local organizations.
- New York Attorney General James announced that her office has secured $9,000 in restitution for consumers who had their hotel reservations canceled by the Aloft Buffalo Airport Hotel in March 2024 prior to the total April 8, 2024 solar eclipse.
Ohio
- Ohio Attorney General Yost filed a lawsuit against Superior Concrete & Hardscape Design, and its principal owner, Justin Cole Hensley, for alleged acceptance of payment for unperformed work, substandard work, and/or work performed without the required permits. The lawsuit against the paving company was filed in Butler County Common Pleas Court, and alleged that Superior Concrete & Hardscape Design violated the Ohio Consumer Sales Practice Act and illegally pocketed more than $50,000. The lawsuit seeks restitution for affected consumers, civil penalties, and a permanent injunction “to prevent the defendants from further violating Ohio consumer laws.”