When the Attorney General's Office takes enforcement action against a company or business owner under consumer protection law, it is usually seeking to obtain one or more of the following: civil penalties, consumer refunds or changes to the allegedly unlawful business practices. These remedies are all provided for in state law. However, the Attorney General's Office has discretion in choosing which remedies to attempt to impose on a company.
Civil penalties are allowed by state law for each violation and are capped. Enhanced civil penalties may be sought in some instances (i.e. in certain situations with older people). Civil penalties are paid to the state. (In Wyoming civil penalties can be up to $10,000 per violation. In Colorado civil penalties can be up to $2,000 per violation.)
The Attorney General's Office may seek consumer refunds or restitution. This usually entails refunding the consumers who were allegedly harmed by the deceptive trade practice.
The Attorney General's Office typically seeks to reform the alleged offending business practices. This remedy entails implementation of a negotiated binding agreement or a court order that describes the remedial actions or reforms required to comply with the consumer protection laws.
If you or your company is under investigation by the Attorney General's Office, please feel free to contact Harmony Law to see if we can assist in dealing with the Attorney General's Office.
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