Book Review: Navigating State AG Enforcement
If you’re seeking best practices for navigating the shift in federal consumer protection priorities, Consumer Protection: Understanding Enforcement Actions Brought by State Attorneys General is an invaluable resource. This book, edited by Ashley L. Taylor Jr. and Brian Bowcut, brings together contributions from seasoned experts, offering strategic insight into how to respond to—and prepare for—state AG inquiries. Each chapter highlights the broad enforcement authority of state AGs, often through detailed case studies covering issues such as live-event ticketing, opioid litigation, medical billing, higher education credentialing, pharmaceutical marketing, and debt collection.
Some companies have begun scaling back or neglecting their compliance programs, but attorneys and leadership teams should maintain focus on two critical considerations:
Federal laws remain on the books, even if current federal enforcement is minimal, and
State attorneys general can and do enforce many federal laws, or similar state laws, particularly when consumer harm is alleged.
While the current regulatory landscape may offer new opportunities for innovation and growth, it also demands a thoughtful and long-term risk strategy. Robust risk assessments that account for state law and enforcement are no longer optional—they’re foundational.
If you or your client are less inclined to invest resources in a methodical risk assessment of state regulatory exposure, you’re not alone. This may just mean that your introduction to this arena could involve a Civil Investigative Demand (CID). CIDs are often triggered by trends in consumer complaints and drafted broadly with the intention of learning as much as possible about your organization. When offering newer products or services, a CID can be a state AG’s first investigation of your industry. Prioritizing the following chapters could be helpful for preparing an initial strategy for use if your client or organization receives a CID:
Chapter 6: Civil Investigative Demands and the Investigative Process
Chapter 8: Multistate Investigations and Settlements
Chapter 9: Joint State and Federal Enforcement
These chapters offer a practical overview of the investigative toolkit available to state AGs.
If you grab a copy of the book, please share your thoughts!