The State AG Report – 6.6.2024

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Proposed Settlement Between AGs, DOJ, and NCAA Would Permanently Bench Transfer Eligibility Rule

A bipartisan coalition of 11 state AGs and the U.S. DOJ have reached a settlement with the NCAA to resolve allegations of federal antitrust law violations.
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CFPB Registry to Track Nonbank Financial Offenders

The CFPB has finalized a rule establishing a registry of nonbank financial firms that are subject to enforcement orders for violating consumer protection laws. The agency expects the registry to be a valuable resource for state AGs and other consumer protection enforcers, as well as for investors, creditors, and others engaged in due diligence or similar research.
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Texas AG Gearing Up for “Aggressive” Enforcement as New Privacy Law Takes Effect July 1

Texas AG Ken Paxton has launched an initiative focused on “aggressive enforcement of Texas privacy laws,” and tasked a large team within the office’s Consumer Protection Division with ramping up enforcement of the state’s Data Privacy and Security Act, Identify Theft Enforcement and Protection Act, Data Broker Law, and Biometric Identifier Act, as well as the federal Children’s Online Privacy Protection Act and the Health Insurance Portability and Accountability Act, among others.
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Utah AG Alleges TikTok LIVE Facilitates Payments for Illegal Activity with Virtual Currency

Utah AG Sean Reyes has filed a lawsuit against TikTok Inc. alleging that it violated state consumer protection laws by designing its livestream feature—TikTok LIVE—in a manner that facilitates the use of virtual currency for illegal activities, including the sexual exploitation of children, human trafficking, drug sales, and money laundering.
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CFPB Launches Inquiry into Fees Imposed as Part of Mortgage Transactions

The CFPB has launched an inquiry into so-called “junk fees” charged by mortgage providers and related settlement services, to better understand why closing costs continue to rise and the impact of such fees on borrowers and the mortgage market.
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SCOTUS Adopts Favorable Standard for States’ Ability to Enforce Consumer Protection Laws Regulating National Banks

The U.S. Supreme Court issued an opinion in Cantero v. Bank of America, N.A., No. 22-529, allowing states to enforce state consumer financial protection laws against both state and national banks.
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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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