What type of resolution does the Attorney General's Office seek under Consumer Protection laws?

Posted by Clyde Hutchins | Jul 19, 2016 | 0 Comments

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.

About the Author

Clyde Hutchins

Clyde Hutchins is the founder of Harmony Law. Mr. Hutchins started his career as a lawyer in Cheyenne, Wyoming. First gaining experience as a law clerk for the district court judges, Mr. Hutchins entered private practice with a Cheyenne firm focused on civil litigation, business law and some general practice law. Later, Mr. Hutchins went to Alaska, where he was the chief litigator for a firm that engaged in bond law, corporate law, securities law, and the broad reach of municipal law. Mr. Hutchins returned to Cheyenne to represent the State of Wyoming in the national tobacco arbitration. While in that position, he developed the consumer protection unit for the Wyoming Attorney General's Office. He led over 120 investigations and enforcement actions in Wyoming and worked on numerous joint cases with the Federal Trade Commission and other states, including Colorado. Mr. Hutchins relocated to Colorado in 2016 and founded Harmony Law. Mr. Hutchins has established Harmony Law in three principal areas of law. First, it is a general practice firm in the areas of business law, estate planning and family law. Secondly, it is a civil litigation firm, practicing law in state and federal courts throughout Wyoming and Colorado. Finally, it is one of the few firms in Wyoming or Colorado that focuses on consumer protection law.


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