STATE ATTORNEY GENERAL DEFENSE LAWYER + Attorney general investigations

Attorney General Defense Lawyer

State Attorneys General lawyers laware authorized to initiate actions that protect the public interest and cover a wide range of legal areas.  AGs are representatives of the state government and the general public and have broad powers with respect to consumer protection, including, but not limited to, deceptive advertising, telemarketing, data privacy and charitable donation fraud.

As a general rule, States Attorneys General protect consumers under their state’s unfair, deceptive, and abusive practices legal regulations that permit such agencies to investigate and take enforcement action with respect to advertising claims and other unfair or deceptive acts or practices.  Importantly, state AGs are also authorized to enforce various federal consumer protection laws.

An Attorney General subpoena lawyer provides guidance designed to avoid State AG scrutiny and defends against State Attorneys General consumer protection subpoenas and other inquiries.

State Attorneys General Defense

State Attorneys General subpoenas, investigations, inquiries, litigation and enforcement actions require thoughtful State Attorneys General defense counsel and effective strategic consideration by an experienced State Attorneys General defense lawyer in order to achieve optimal outcomes by analyzing applicable consumer protection legal regulations and defenses, narrowing the scope of subpoenas, pursuing case closure, negotiating settlements and preparing witnesses for testimony.

State Attorneys General lawyer Richard Newman's State Attorneys General investigation and defense practice is an indispendable resource for advertisers, marketers and other consumer-facing digital media, technology, telemarketing and eCommerce businesses seeking a trusted regualtory advisor that is commited to assisting clients comprehensively resolve complex State Attorney General subpoenas, investigations and other actions.

How an Attorney General Defense Lawyer Can Help You Avoid a State Regulatory Inquiry

An experienced state AG defense attorney can assist you and your business with the design and implementation of strategies geared toward inquiry avoidance.

For example, a attorney general law firm can consult and educate clients on applicable legal regulations, as well as potential liability risks for failing to comply - which may differ from state-to-state.

Awareness of consumer complaints, including those publicly available online (e.g., BBB, news articles, social media and complaint fora) is of paramount importance.  Maintenance of ample documentation that demonstrates compliance with applicable legal regulations may also go a long way to resolve regulatory matters and consumer complaints.

Often, state attorneys general investigations are initiated as a result of consumer complaints or at the request of another regulatory body, such as the Federal Trade Commission.  Additionally, state attorneys general often collaborate with each other which can lead to multistate investigations and enforcement.

Qualified state AG defense counsel can assist with minimizing liability exposure, as well as responding aggressively and appropriately in the event of the receipt of a civil investigative demand (CID), subpoena or access letter.

How do State Attorneys General Investigate and Enforce State Unfair and Deceptive Acts and Practices (UDAP)?

State Attorneys General possess powers under their own respective state unfair and deceptive acts and practices (UDAP) laws.  Some states also prohibit “abusive” acts or practices (“UDAAP”).

State Attorneys General investigate and enforce issues, including, but not limited to, false advertising, deceptive practices and fraud via enforcement of these consumer protection laws.  State UDAP laws are primarily civil in nature, however, many state UDAP legal regulations and consumer protection acts create criminal penalties for certain categories of violations.

State Attorneys General lawyers are responsible for enforcing consumer laws within their states.  State AGs are also permitted to enforce the Federal Trade Commission Act in the context of unfair or deceptive acts or practices in or affecting commerce.

For example, New York’s consumer protection law is found in General Business Law Sections 349 and 350.  Section 349 prohibits “deceptive acts or practices” in the conduct of any business, trade or commerce.  Section 350 prohibits “false advertising”" in the conduct of any business, trade or commerce.  California has a separate False Advertising Law that prohibits any company or individual from making false statements or statements likely to mislead consumers about the nature of a product or service.  The False Advertising Law exists independently from the California Attorney General’s authority under the California Unfair Competition Law.

Most State Attorney General offices have sophisticated and well-funded divisions.  Importantly, state consumer protection laws and false advertising statutes enable State Attorney General lawyers to initiate and conduct investigations and enforcement lawsuits on behalf of citizens of the state.  A showing of consumer harm is not always required because in some states a plaintiff need only establish that deception was likely.

State Attorneys General sometimes work together as part of a multistate investigation.  State AGS also often work together and share information with various federal agencies, such as the Federal Trade Commission.  State Attorneys General possess broad remedial authority to prosecute those that engage in unfair, deceptive or abusive acts or practices, including actual damages, restitution, treble damages, civil penalties and injunctive relief.

Attorney General Subpoena Lawyer to Assist with Responding to an Attorney General Subpoena

If you have received an Attorney General subpoena or other investigational inquiry, preparing a strategic game plan designed to avoid a lawsuit, achieve an optimal outcome and minimize any consumer injury is of paramount importance.  Failing to comply with a Attorney General subpoena can, without limitation,  result in more aggressive investigation, additional investigations by other state and/or federal regulatory agencies and/or the filing of a lawsuit.

Engaging an experienced Attorney General Subpoena lawyer can protect your interests by clarifying the legal significance of the subpoena, narrowing the scope of the subpoena and the information/documentation requested, securing extensions of time, explaining response procedures and options, evaulating applicable law and facts, and analyzing potential defenses.  By hiring seasoned Attorney General subpoena counsel, you are enhancing the potential for litigation avoidance, and a more cost-effective and favorable result.

New York Attorney General Defense Lawyer Defending Businesses and Individuals Against NY OAG Subpoenas and Other Actions

New York State Attorney General investigation and defense attorney Richard Newman defends businesses, executives and other individuals that have received a subpoena or notice of an enforcement action from State Attorneys General, including the New York State Attorney General.

As a leading State Attorney General Defense Lawyer in the areas of Internet and digital marketing, Mr. Newman possesses significant experience defending clients facing numerous types of marketing matters initiated by State Attorneys General, including the provision of aggressive State Attorneys General defense and investigation legal services.

Those that conduct business in the State of New York are required to adhere to a broad spectrum of legal regulations that are aggressively enforced by the Office of the Attorney General for the State of New York.  New York's existing consumer protection law is primarily governed by GBL §349 which focuses primarily on “deceptive” acts and practices.

New York State General Business Law Section 349 only applies to individual consumers.  A plaintiff must establish that the challenged act or practice was consumer-oriented, that it was misleading in a material way, and that the plaintiff suffered injury as a result of the deceptive act.

According to the Office of the New York Attorney General, GBL §349 is insufficient to adequately protect New Yorkers from technological advances and unfair practices associated therewith.

The Fostering Affordability and Integrity Through Reasonable (“FAIR”) Business Practices Act

In March 2025, Office of the Attorney General for the State of New York introduced the Fostering Affordability and Integrity Through Reasonable (“FAIR”) Business Practices Act.  The proposed legislation is intended to revise Article 22-A of New York’s General Business Law.

The FAIR Act is designed to expand and strengthen consumer and small business protections, in part, by amending New York’s General Business Law §349 to also cover “unfair” and “abusive” practices, rather than just “deceptive” practices.  Many other states have already enacted UDAP statutes.

As drafted, the bill would provide the New York Attorney General and private plaintiffs the ability to seek enhanced civil penalties and restitution in amounts significantly more than available statutory damages pursuant to New York General Business Law Section 349.  The FAIR Act would significantly increase statutory damages available under GBL §349 from $50 to $1,000, and permit recovery of actual and punitive damages.

Penalties for unfair, deceptive or abusive practices could potentially include penalties of up to $5,000, per violation.  Knowing or willful violations could result in penalties totaling the greater of $15,000 or three times the amount of restitution, per violation.  Prevailing plaintiffs in private actions would also be permitted to recover attorneys’ fees and costs.

Analogous to federal policy, the proposed legislation provides for enhanced civil penalties for harm to vulnerable people, veterans and those with limited English proficiency.  The FAIR Business Practices Act contemplates curtailing lenders, including auto lenders, mortgage servicers, and student loan servicers, from deceptively steering people into higher cost loans.  It would purportedly reduce unnecessary and hidden fees and stop unfair billing practices by health care companies.

The bill would also permit the New York Attorney General and private plaintiffs (individuals, small businesses and non-profits) to enforce even a single instance of unfair, deceptive and abusive acts and practices, including, but not limited to, false advertising.  Moreover, its prohibitions apply regardless of whether the act or practice is “"consumer-oriented,” possesses a “public impact,” or is part of a “pattern of conduct” – judicially imposed limitations that presently exist pursuant to GBL §349.

“This legislation will strengthen New York’s consumer protection law, GBL §349, to protect New Yorkers from a wide array of scams, including deed theft, artificial intelligence (AI)-based schemes, online phishing scams, hard-to-cancel subscriptions, junk fees, data breaches, and other unfair, deceptive, and abusive practices. Forty-two other states and federal law already prohibit unfair practices, making New York’s current law both antiquated and inadequate,” according to the NY Office of the Attorney General.

New York’s current consumer protection law, GBL §349, currently prohibits only deceptive business acts and practices, not unfair or abusive acts by companies and individuals.  The FAIR Business Practices Act is designed to protect New Yorkers from unfair and abusive business acts, such as:

• The imposition of hidden “junk fees” in various industries
• Companies that make it difficult for consumers to cancel subscriptions
• Student loan servicers that steer borrowers into the most expensive repayment plans
• Car dealers that refuse to return a customer’s photo ID until a deal is finalized and charge for add-on warranties that the customer did not actually purchase
• Nursing homes that routinely sue relatives of deceased residents for their unpaid bills despite not having any basis for liability
• Companies that take advantage of consumers with limited English proficiency and obscure pricing information and fees
• Debt collectors that collect and refuse to return a senior’s Social Security benefits, even though they are exempt from debt collection
• Health insurance companies that use long lists of in-network doctors who turn out not to accept the insurance
• The proposed legislation reflects the federal Consumer Financial Protection Act that prohibits unfair, deceptive or abusive acts and practices (“UDAAP”).

The Fair Business Practices Act provides specific definitions for the following terms:

• Unfair: An act or practice is considered unfair when it causes or is likely to cause substantial injury to a person, the injury is not reasonably avoidable by such person, and the injury is not outweighed by countervailing benefits to consumers or competition. Note, however, that the FAIR Act’s definition of “unfair” does not possess a provision similar to the CFPA’s § 5531(c)(2) that permits regulatory agencies to weigh public policy when assessing whether an act or practice is unfair.

• Deceptive: An act or practice is deceptive when the act or practice misleads or is likely to mislead a person and the person's interpretation of the act or practice is reasonable under the circumstances.

• Abusive: An act or practice is abusive when it materially interferes with the ability of a person to understand a term or condition of a product or service, or it takes unreasonable advantage of (i) a person's lack of understanding of the material risks, costs, or conditions of the product or service; (ii) a person's inability to protect such person's interests in selecting or using a product or service; or (iii) a person's reasonable reliance on a person covered by this section to act in such person's interests.
  New York business groups have criticized the consumer protection bill intended to strengthen consumer protection against deceptive practices such as junk fees and hard-to-cancel subscriptions.

The proposed FAIR Business Practices Act also provides that the term "injury" means "any impairment of a person's interests," and "substantial injury" means any "substantial impairment of a person's interests, whether or not such impairments or substantial impairments to interests are quantifiable, economic, or monetary in nature, including but not limited to loss of time, loss of privacy, or loss of security."  The foregoing language would eliminate the need for a plaintiff, including the New York State Attorney General, to establish finanical loss.  The Act also includes loss of privacy as a type of substantial injury that could be actionable.

These changes, if enacted, will bring New York's law in line with more than 40 other states and federal law that already prohibit unfair practices.

Business groups are pushing back against the bill, asserting that the legislation would be exploited, resulting in frivolous and abusive litigation that could also include class action litigation – thereby weakening New York’s ability to attract and keep commercial enterprise.

Affirmative defenses to the Fair Business Practices Act could potentially include, without limitation, a private plaintiff meeting minimum threshold standing requirements, the alleged harm being capable of remedy via federal securities or intellectual property laws, and/or the alleged harm arising during the course of a high-value experienced commercial transaction and directed to the involved parties only.

Notably, the FAIR Business Practices Act would not permit compliance with federal rules to be a complete defense.  Rather, the Act creates a narrowed affirmative defense available provided that the act or practice is required or specifically authorized by the rules and regulations of, and the statutes administered by, the Federal Trade Commission or other federal agencies.

The Act is intended to expand consumer and small business protections, and enhance the scope of available remedies.  If passed, it is anticipated that the law will result in a dramatic increase in private consumer lawsuits, and New York State Attorney General investigations and enforcement.

Contact a State Attorneys General law firm if you or your business are the subject of a New York State or other State Attorney General subpoena or inquiry.

Businesses operating in New York or doing business with New York consumer or small businesses, regardelss of physical location, should consult with an experienced Attorney General defense lawyer and keep an eye on the progress of the proposed Fair Act.  As drafted, the FAIR Act would increase the damages available in a private right of action from the greater of $50 or actual damages under current law to $1,000 in statutory damages, plus the aggrieved person’s actual damages, if any.

In cases involving willful or knowing violations, courts would be required to award treble damages, reasonable attorneys’ fees and costs to a prevailing plaintiff.

The Act would also permit class action lawsuits to recover actual, statutory or punitive damages if the prohibited act or practice has caused damage to others similarly situated.  The availability of supplemental civil penalties for vulnerable persons would also be significantly expanded.

If enacted into law a seasoned State Attorneys General law firm and State Attorneys General defense lawyer can assist with the implementation of business practices designed to comply with applicable New York State legal regulatory requirements, including, but not limited to additional restrictions relating to “unfair” and “abusive” acts or practices, and the review of applicable business and advertising practices.

Attorney General Defense Firm for Aggressive Defense Against Internet Related Unfair and Deceptive Trade Practices Legal Matters

State Attorneys General are increasingly more aggressive when it comes to  investigating and enforcing state laws regulating unfair and deceptive trade practices, otherwise known as UDAP legal regulations.

State UDAP enforcement by State Attorney General lawyers is becoming increasinbly more prevalent, including, but not limited to, the New York Attorney General Bureau of Internet and Technology.  The NY AG Bureau of Internet and Technology is known for investigating issues such as:

• use of online reviews
• artificial intelligence
• privacy and identity theft
• the protection of children online
• eCommerce and online purchasing
• billing practices
• telemarketing
• other developing online threats

What to do if you are Contacted by a State Attorney General

Richard’s emphasis on and deep experience with advertising and marketing law distinguishes him from other lawyers.  State attorneys general are becoming more active in the regulation of business conduct and he is well-positioned to assist his clients with related challenges.

Richard is able to leverage his relationships with local and state regulatory agencies in order to secure the amicable closure of investigations.  He also engages with AGs on matters of policy and in furtherance of halting unlawful business activities, such as astroturfing, unlawful telemarketing, false origin claims and other forms of deceptive advertising.

In the event of an inquiry, an experienced AG lawyer can also assist with the implementation of a "litigation hold," narrowing the scope of applicable areas of inquiry, minimzing business disruption, and negotiating a confidentiality agreement in accordance with applicable state open record laws.

Attorney General Law Firm to Proactive Engage with State Attorneys General Nationwide

As a seasoned Attorney General Defense attorney, Mr. Newman possesses significant experience to assist clients that are the subject of State AG investigations and enforcement actions.  A State Attorney General law firm also works closely with clients to design and implement strategies designed to limit potential liability exposure, in the first place.

State Attorney General investigation or enforcement actions can be daunting without the advice and assistance of an experienced State Attorney General defense lawyer.  State Attorneys General possess significant investigation and enforcement authority pursuant to state unfair and deceptive practices legislation, often coordination on multi-state investigations.

Attorney general defense lawyer Richard Newman provides comprehensive strateigc legal advice tailored to specific business models, including, but not limited to, consumer protection issues and those pertaining to unfair and deceptive practices.

Attorney General Investigations Lawyer

An experienced Attorney General investigations lawyer can proactively develop and implement effective preventative compliance programs and aggresively defend individuals and corporations against complex, high-profile State AG investigations, subpoenas and other regualtory inquiries.  Mr. Newman has extensive experience counseling clients about consumer protection related compliance risks and defending regulatory matters involving state UDAP legal regulations.

As a leading Attorney General investigations lawyer, Mr. Newman possess deep industry-specific knowledge with substantial experience serving clients in the digital advertising, marketing, eCommerce, media, technology and telecommunications industries.  This experience, coupled with knowledge of various state consumer protection statutes, enable Mr. Newman to cost-effectively pursue dispute resolution, investigation closure or favorable settlement.  His experience also enables Mr. Newman to identify, design and implement customized strategic solutions, limit liability exposure and protect clients' business and legal interests.

Attorney General Defense Lawyer Providing Strategic Guidance

Today’s regulatory environment requires companies to employ a deliberate, proactive approach to advertising compliance and risk management.  Richard works at the forefront of emerging digital marketing state attorneys general issues in order to assist clients:

• Implement strategies designed to mitigate the potential for investigations and enforcement matters from arising
• Respond to consumer complaints that are issued via state AG offices
• Establish and maintain a productive dialogue with AGs when problems arise
• Educate AGs on the inner-workings of various online marketing ecosystems
• Provide factual/legal background designed to minimize the need for enforcement
• Amicably and efficiently resolve investigations, and multistate/federal co-enforcement actions
• Prepare deliberate responses to AG investigations
• Defend aggressively in the event that an investigation or litigation is unavoidable or has been previously commenced
• Report unlawful business activities of competitors

Richard has successfully handled state attorney general investigations and enforcement matters across a wide range of consumer-centric practice areas, including high-tech, digital marketing and advertising, financial services, insurance, dietary supplements, telemarketing, lead generation, state false claims, unfair trade practices and data privacy.

He also provides regular updates on developing state AG policy issues and trends that may potentially affect his clients.

If you have received a civil investigative demand, an informal request for information or are otherwise the subject of an AG investigation, State Attorneys General lawyer Richard Newman has a record of working hand-in-hand with clients in pursuit of winning strategies that amicably resolve investigations without the expense of protracted litigation.  If litigation is the only alternative, Richard will zealously represent your business interests and fight to protect your hard-earned reputation.

Attorney General Investigations and Defense Practice for Complex, High-Stakes Investigations and Enforcement Matters

Mr. Newman's state attorney general defense and investigation practice assists clientele with complex regulatory issues that pose significant reputation and operational threats.  The firm works closely with clients facing allegations related to, without limitation, deceptive advertising, unlawful telemarketing, financial fraud and other matters to design defense strategies to achieve optimal results.

From an in person visit from an agent to an attorney general subpoena, Mr. Newman has successfully counseled clients across a broad spectrum of industry sectors to defend investigations and other govenment inquiries.

Attorney general defense lawyer Richard Newman possesses significant government defense experience that includes aggressively advocating on behalf clients, reducing clients' exposure, pursuing favorble resolution terms and discretely resolving matters.

Industry-Specific Experience from Attorney General Investigation and Defense Lawyer Leads to Positive Results

Richard is at the forefront of representing online advertisers in the defense of litigation and investigations brought by FTC attorneys and state Attorneys General.

He regularly engages with state and federal regulators on advertising, marketing and consumer protection-related issues.  He has successfully resolved investigations and enforcement actions involving numerous state AGs, who often partner with the Department of Justice, or regulatory agencies such as the Federal Trade Commission or the Consumer Financial Protection Bureau.

If you are the subject of a state Attorney General investigation or enforcement action, it is critical that your matter be navigated properly right from the start.  State Attorney General (AG) defense lawyers with specific industry experience like Richard possess a comprehensive understanding of successful strategies designed to achieve a favorable result, as well as the skill necessary to guide clients through the process.