and Practices authority; and to use their own state UDAP authority for consumer protection.
Expect AGs to follow up on CFPB exams of auto financing disclosures, accuracy of information
provided for credit, and debt-collection practices. Massachusetts AG Maura Healy has investigated
bank auto lending practices, and AGs have historically scrutinized auto dealers.
Additionally, the CFPB’s expected rulemaking affecting auto title, payday and other lending
products will have the interest of state AGs. With a likely focus on a consumer’s ability to repay and
collection practices, the AGs again have ready experience from their mortgage involvement.
Upcoming Supreme Court Cases
Finally, state attorneys general will advocate in a handful of federalism-oriented cases to be heard
by the U.S. Supreme Court in 2016.
Highlights include the following:
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To be argued on Jan. 11, Friedrichs v. California Teachers Association addresses the extent
to which employees must actually opt out of funding the political activities of public sector
unions to which they object.
California AG Kamala Harris is representing the state, and a
number of AGs are joining amicus briefs on each side.
Following the court’s DirecTV decision, the case MHN Government Services v. Zaborowski,
to be heard on Feb. 24, considers whether the Federal Arbitration Act preempts California’s
arbitration-only severability rule.
Look for a significant AG amicus brief.
Whole Women’s Health v. Texas Department of State Health Services is now set for oral
argument on March 2 with the department represented by Texas AG Ken Paxton. The court
will consider the government’s interest in laws restricting abortion when applying the “undue
burden” standard of Planned Parenthood v.
Casey. AG amici to come.
Last but not least, the challenge brought by Texas and 26 states over the president’s
executive order on immigration is expected to be discussed by the justices at their Jan. 15
conference.
This article originally published in Law360.
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