Government Investigation

November 3, 2016

The CFPB filed a federal lawsuit against B&B Pawnbrokers, Inc. for deceiving consumers about the actual annual cost of its loans. B&B Pawnbrokers allegedly broke the law by misstating the charges associated with pawn loans. The CFPB’s lawsuit seeks to end B&B Pawnbrokers' illegal practices, get restitution for the consumers it harmed, and impose penalties.  CFPB

November 2, 2016

The CFPB and New York Attorney General filed a lawsuit in a federal district court against the leaders of a massive debt collection scheme based out of Buffalo, New York. Douglas MacKinnon and Mark Gray allegedly operate a network of companies that harass, threaten, and deceive millions of consumers across the nation into paying inflated debts or amounts they may not owe. The CFPB is seeking to shut down this illegal operation and to obtain compensation for victims and a civil penalty against the companies and partners.  CFPB

November 2, 2016

A Thurston County Superior Court judge ordered the Grocery Manufacturers Association to pay $18 million in penalties and punitive damages, after Washington’s lawsuit revealed GMA intentionally violated Washington campaign finance laws. The case arose from Washington’s investigation of the finances of opposition to voter Initiative 522, which would have required labeling of genetically modified organisms, or GMOs, in food sold to consumers. The ruling against GMA — a Washington, D.C.-based trade group representing major food, beverage and consumer companies — is believed to constitute the largest campaign finance judgment in United States history. WA

October 27, 2016

Pennsylvania and 33 other Attorneys General reached a $41.2 million settlement with the makers of Hyundai and Kia automobiles following allegations that the companies misrepresented mileage and fuel economy ratings. An investigation by the states showed the companies misrepresented mileage and fuel economy ratings on certain vehicles from 2011, 2012 and 2013. The companies also allegedly sought to capitalize on the erroneous mileage estimates by placing them prominently in a variety of advertisements and other promotional campaigns. These actions distorted facts that may have been substantial to consumers’ decisions to purchase particular vehicles during a time of high gasoline prices, the states’ investigation revealed. PA, NJ, MA, OH

October 25, 2016

New York announced that it has reached separate $6 million settlements – for a total of $12 million in penalties and costs – with DraftKings and FanDuel, resolving lawsuits alleging false and deceptive advertising practices by the companies. The settlement agreements impose the highest New York penalty awards for deceptive advertising in recent memory. The agreements also require sweeping reforms to the companies’ marketing, including clear disclosure of terms and conditions for marketing promotions, expected winnings, and expected performance in the online contests, as well as resources for players at risk for compulsive gaming disorders, including addiction. Furthermore, the companies will be required to maintain a webpage that provides information about the rate of success of users in its contests, including the percentage of winnings captured by the top 1%, 5% and 10% of players. NY

September 17, 2015

Constantine Cannon partner Eric Havian quoted in AP on GM $900M government settlement over safety defects.  Click here to read more.

August 24, 2015

The New York Attorney General announced a $6 million dollar settlement with Empire State Home Care Services, Inc. (Empire), a home care agency operating out of Brooklyn, NY. The settlement resolves claims that Empire improperly reported its home health aide hours as well as administrative and general expenses on cost reports filed between 2002 and 2005. These cost reports were used to set the reimbursement rates that Empire received from the state for the years 2004 through 2007 and resulted in over $3 million in reimbursements to which Empire was not entitled. NY

August 20, 2015

Three construction companies have agreed to settle for a total of $1.4 million to resolve allegations they falsely certified compliance with minority-owned subcontractor requirements on multiple public construction contracts in Massachusetts. The Commonwealth’s complaint alleges that CTA Construction Company, Inc., MDR Construction Company, Inc., and minority-owned business enterprise Luxor Equipment Corporation, Inc., now known as Margen, Inc. violated the Massachusetts False Claims Act in connection with three contracts. MA

March 26, 2015

Energy Services Providers Inc. (d/b/a Pennsylvania Gas and Electric) agreed to pay $2.3 million in refunds to eligible consumers in addition to the $4.5 million the company has already paid for allegedly deceptively marketing its variable electric rates to Pennsylvania consumers, many of whom filed complaints about spikes in their rates during the winter of 2014. PA