In this edition of Faegre Drinker’s State Attorneys General Update, we discuss:

• The Colorado AG’s issuance of pre-rulemaking considerations for the Colorado Privacy Act
• The California AG’s:
  • Settlement of deceptive trade practice claims relating to marketing of drinkable sunscreen
  • Settlement with a charity relating to misappropriation of funds
  • Investigation of the oil and gas industries for their alleged roles in plastics pollution
• The Minnesota AG’s suit against a solar-panel sales company and its executives for allegedly fraudulent marketing practices
• The New York AG’s settlement with a construction company over allegations it failed to pay the required prevailing wage to its workers
• The Arkansas AG’s action against Family Dollar for an alleged rodent infestation

Colorado AG Issues Pre-Rulemaking Considerations for the Colorado Privacy Act

The Colorado AG issued Pre-Rulemaking Considerations for the Colorado Privacy Act (CPA), which was enacted in June 2021. Colorado is the third U.S. state to adopt a comprehensive privacy law. The CPA gives the Colorado Attorney General three distinct categories of rulemaking authority: (1) specific, required authority to draft technical specifications for one or more universal opt-out mechanisms; (2) specific, discretionary authority to create rules governing a process of issuing opinion letters and interpretive guidance; and (3) broader discretionary authority to create rules for the purpose of carrying out the CPA.

The...

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