Reuters Runs State Attorneys General Article by Martine Cicconi, Mark Herring
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“State attorneys general flex new muscle with deceptive trade practices laws,” an article by Akin Gump nationwide state attorneys general practice co-heads Martine Cicconi and Mark Herring, has been published by Reuters.
Cicconi, a former deputy solicitor general in the Office of the Virginia Attorney General, and Herring, a two-term Virginia attorney general (AG), write on “UDAP laws,” that is, laws prohibiting the use of unfair and deceptive trade practices.
As they note, “In recent years, UDAP enforcement has been more high-profile and politically charged, as State AGs have used their enforcement authority in ways that drive political narratives and enhance their visibility, both within and outside of their respective bases.”
The authors look at enforcement of UDAP laws from the historical perspective, then focus in on the “political dimension” that, they write, UDAP enforcement has taken on in recent years, with state AGs pursuing “high-profile investigations and lawsuits that correspond with predictable partisan alignments.”
They then describe and analyze examples of this trend, including suits brought against fossil fuel companies, a gun manufacturer, pharmaceutical companies, and credit rating agencies.
Cicconi and Herring close by noting that it is not surprising that state AGs, “as elected officials looking to build support among their constituents, would use their enforcement authority in ways that generate headlines and resonate with their political supporters. AGs' institutional role as the primary protectors of consumer rights in their states, coupled with the proven potential for large monetary recoveries in enforcement actions, make UDAP laws an attractive way for many AGs to do just that. UDAP laws are a critical tool in the AG's toolbox and one they can be expected to rely on heavily for the foreseeable future.”
To read the full article, click here.
