RELEASE: ATTORNEY GENERAL TONG HELPS SECURE NEW FEDERAL ENERGY STANDARDS FOR AMERICAN FAMILIES
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, September 21, 2022
ATTORNEY GENERAL TONG HELPS SECURE NEW FEDERAL ENERGY STANDARDS FOR AMERICAN FAMILIES
New Standards Will Save Billions of Dollars for Families Nationwide and Help Protect the Planet
(Hartford, CT) – Attorney General William Tong today announced an agreement with the U.S. Department of Energy (DOE) committing DOE to a new timetable for updating energy efficiency standards for 20 categories of common consumer products and commercial equipment. The impacted products and equipment range from residential furnaces to laundry machines to electric motors.
Attorney General Tong joins a coalition of 17 states, the District of Columbia, and the City of New York in today’s agreement, which resolves a complaint the coalition filed against DOE in 2020. The complaint alleged DOE failed to comply with deadlines for updating energy efficiency standards for a range of product categories set by the Energy Policy and Conservation Act of 1975 (EPCA).
“No one wants to waste energy and money on inefficient and ineffective appliances. Modernizing energy standards is a huge win for consumers and our climate—with the potential to avoid over $600 billion in wasted energy bills by 2050, and over 90 million metric tons of carbon dioxide emissions annually by 2040,” said Attorney General Tong.
DOE’s energy efficiency standards currently cover more than 60 product categories. Nationwide, these products together use about 90 percent of the total amount of energy used in homes, 60 percent of the total amount energy used in commercial buildings, and 30 percent of the total amount of energy used in industrial facilities.
The EPCA requires DOE to periodically review and revise these efficiency standards to ensure they are set at the maximum, technically feasible and cost-effective efficiency level in order to save energy and reduce consumer and business utility costs. In 2020, the coalition filed a complaint in the U.S. District Court for the Southern District of New York claiming DOE had missed EPCA deadlines for review and revision of efficiency standards for multiple product categories. In the filing, the coalition alleged that in failing to meet deadlines, DOE deprived American families of the benefits of lower energy bills, a more reliable electricity grid, and reduced emissions of dangerous air pollutants that contribute to climate change and harm public health.
Joining Tong in today’s agreement are the attorneys general of California, Colorado, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York Oregon, Pennsylvania, Vermont, Washington, and the District of Columbia, as well as the City of New York.
“This settlement is a triumph for consumers and the environment. It will jumpstart DOE review of efficiency standards poised to save $650 billion in utility bills and avoid the release of, at least, nearly a billion metric tons of climate-warming carbon pollution by 2050,” said Joe Vukovich, energy efficiency advocate at the Natural Resources Defense Council.
"The technology exists to make consumer products and commercial equipment incredibly energy efficient, and it is the responsibility of the DOE to hold manufacturers accountable to meeting the highest possible standards. This settlement will help us meet climate goals but also help American families save money on their energy bills and create sustainable manufacturing jobs for the future. The strongest possible energy efficiency standards will also ensure Americans keep their lights on and their heat or air conditioning on when the weather turns extreme by not overtaxing our electrical system. After all, heat waves and strong storms are only getting more common in the face of climate change - a crisis we must do everything we can to address with all the tools we have at our disposal,” said Jessica Tritsch, building electrification campaign director at the Sierra Club.
“This agreement is essential for catching up on missed deadlines as quickly as possible in order for the incredible consumer, economic, public health and environmental benefits of updated standards to be realized,” said Richard Eckman, energy advocate at the Consumer Federation of America. “Now more than ever, consumers can use the additional pocketbook savings that updated efficiency standards will provide in the billions annually thanks to the increased energy efficiency of common household appliances. The agreement is also crucial in order to prevent millions of metric tons of greenhouse gas emissions that contribute to climate change from being emitted. We’re looking forward to working with DOE in moving forward with updates to appliance efficiency standards.”
“This agreement will conserve energy and save consumers money when they use everyday appliances,” said Howard Crystal, legal director at the Center for Biological Diversity’s Energy Justice Program. “Energy efficiency is critical to addressing the climate emergency and ensuring a livable planet, even if it doesn’t get as much attention as other efforts. We’re pleased the department will finally move forward with these commonsense standards.”
"We applaud this settlement, which will save huge amounts of energy and keep money in the pockets of consumers across America, including the 85,000 low-income public housing tenants Mass Union represents," said Jack Cooper, executive director at the Massachusetts Union of Public Housing Tenants.
Assistant Attorney General William E. Dornbos, former Assistant Attorney General Bob Snook, and Chief of the Environment Section Matthew Levine assisted the Attorney General with this matter.
###
Media Contact:
Elizabeth Benton
860-214-0937 (cell)
To unsubscribe, send an email from the account that received this message to list...@list.ct.gov with a blank subject and "unsubscribe AG-PressRelease" as the message body.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, September 27, 2022
ATTORNEY GENERAL TONG JOINS MULTISTATE COALITION DEFENDING THE RIGHT TO INTERSTATE TRAVEL TO SEEK ABORTIONS
Amicus brief argues Texas’ laws violate individuals’ constitutional right to interstate travel
(Hartford, CT) -- Attorney General William Tong joined a multistate coalition of 21 attorneys general submitting an amicus brief in Fund Texas Choice v. Paxton to protect the right of individuals to travel out of Texas to obtain an abortion. The multistate amicus brief was submitted in support of a motion for preliminary injunction filed by reproductive rights advocates seeking to halt enforcement of several Texas anti-abortion laws. In the amicus brief, the coalition argues that Texas residents as well as coalition state residents temporarily in Texas for school, work, or vacation, have the right to travel to pro-reproductive rights states to access legal abortions.
“Texas has adopted draconian anti-abortion laws to criminalize the personal and professional choices of women, patients, and healthcare providers. Those laws, which would stop people—through threat of prosecution and financial ruin—from leaving Texas for states that support choice and reproductive freedom blatantly violate the right to interstate travel. Our Constitution gives us the right to cross state lines for work, healthcare, school, or any number of choices and actions we make as free people on a daily basis. Texas cannot change that,” said Attorney General Tong.
The lawsuit was filed by Texas reproductive groups Fund Texas Choice, Jane’s Due Process, the Lilith Fund for Reproductive Equity, Clinic Access Support Network, The Afiya Center, West Fund, and OB-GYN Dr. Ghazaleh Moayedi. In the motion, Dr. Moayedi explains that she seeks to travel to provide abortion services in states where her medical services are legal, and the other plaintiffs seek to travel to support individuals in Texas who want to access reproductive care in states where it is legal. But they fear financial ruin or prosecution for traveling to assist individuals seeking legal abortion as a result of Texas’ anti-abortion laws.
In the amicus brief, the coalition asserts that an individual’s constitutional right to interstate travel is at risk due to Texas' anti-abortion laws, and that interference with that right poses a substantial threat to the liberty and safety of those individuals, some who may need to exit Texas under urgent circumstances. Texas' anti-abortion laws not only deprive Texas residents from access to the reproductive care they need within Texas borders, but Texas lawmakers have indicated that they are also seeking to impede an individual’s ability to travel across state lines to obtain an abortion, to provide an abortion, or to support a patient in need of an abortion.
The coalition states argue that while Texas may regulate abortion within its borders, intruding on the right to interstate travel, including for abortion, is unlawful. The coalition states have a strong interest in preserving the right to interstate travel. Thousands of the coalition states’ residents live in Texas to attend college, go to graduate school, or to serve as temporary workers; millions of others enter Texas as visitors each year. The coalition has a significant interest in ensuring that those residents may leave Texas and return to their home state to access time-sensitive, lawful, and safe medical care, including abortions.
The coalition has a strong interest in preserving Texas providers’ right to travel to coalition states to provide abortion services or to accompany a patient in need of abortion care. As states that are committed to protecting access to reproductive healthcare, coalition states have a profound interest in preserving the right to travel for the millions of individuals living in states with restrictive abortion laws and for whom travel to seek abortions is critical. Texas’s anti-abortion laws—and Texas lawmakers’ threats to use those laws to restrict travel outside their state borders—pose a substantial threat to the liberty and safety of those individuals who may need to exit Texas to seek time-sensitive reproductive care.
In submitting the amicus brief Attorney General Tong joins the Attorneys General of California, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, and Washington, D.C.
A copy of the amicus brief is available here.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, September 30, 2022
ATTORNEY GENERAL TONG STATEMENT ON CHALLENGE TO CONNECTICUT ASSAULT WEAPONS BAN
(Hartford, CT) – Attorney General William Tong released the following statement in response to a federal lawsuit filed by the Connecticut Citizens Defense League seeking to repeal Connecticut’s assault weapons ban.
“Connecticut’s gun laws save lives, and we are not going back. This latest threat is disturbing, but not surprising. The moment the U.S. Supreme Court issued its decision in Bruen, I knew the gun lobby was coming for Connecticut’s post-Sandy Hook gun safety laws. We will not allow weapons of war back into our schools, our houses of worship, our grocery stores, and our communities. I will vigorously defend our laws against any and every one of these baseless challenges,” said Attorney General Tong.
The U.S. Supreme Court issued a decision on June 23 in New York State Rifle & Pistol v. Bruen substantially rewriting major gun safety legal precedent. The decision, overturning a New York handgun licensing law, did not immediately impact Connecticut’s handgun licensing laws. However, Attorney General Tong warned at the time that the decision invited a wave of new litigation nationwide and in Connecticut.
This is the second such challenge filed post-Bruen. The National Association for Gun Rights has also challenged Connecticut’s assault weapon and high-capacity magazine laws. They were forced to amend their suit when their initial plaintiff withdrew, saying she neither owned nor desired to own an assault weapon, according to media reports.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, October 11, 2022
ATTORNEY GENERAL TONG ANNOUNCES NEW ACTIONS TO PROTECT ABORTION IN CONNECTICUT
Announcement Follows Strategy Sessions with Doctors, Lawyers, Advocates, Legislators
(Hartford, CT) – Joined by medical professionals, lawyers, advocates and legislators, Attorney General William Tong today announced Connecticut’s participation in a pro bono Legal Assistance Abortion Hotline, tapping into a volunteer network of trained private attorneys to provide free legal guidance and representation to patients and providers regarding their rights to access and provide abortion. Additionally, Attorney General Tong announced he will appoint a new Special Counsel for Reproductive Rights to lead the Office of the Attorney General in protecting abortion access and reproductive care in Connecticut and anywhere those rights are challenged nationwide.
“Abortion is legal and protected in Connecticut. That’s not good enough. Women, patients, and providers are confused about their rights, and afraid that out-of-state extremists could seek to criminalize their lawful personal and professional choices. Today’s announcement provides clarity, as well as the legal resources to protect and defend our rights and choices,” said Attorney General Tong. “The pro bono Legal Assistance Abortion Hotline marshals a growing network of trained, private attorneys able to provide free information and representation to patients and providers. Within the Office of the Attorney General, I am creating a new position—Special Counsel for Reproductive Rights—to lead our work in protecting abortion access in any court, in any state where reproductive rights are challenged.”
“I’m so proud to live in a state that prioritizes access to reproductive healthcare,” said State Representative Jillian Gilchrest. “I appreciate the opportunity to work with Attorney General Tong and his team to ensure that abortion remains accessible and protected in Connecticut.”
“Reproductive freedom is under attack,” said State Representative Matthew Blumenthal. “To protect and expand it in Connecticut, all branches of government must work together. I look forward to working with Attorney General Tong to ensure access to safe, legal abortion—and all reproductive healthcare—in our state.”
“The abortion access crisis in our country is a public health emergency. We are fortunate to have elected leaders in Connecticut who understand the urgency of this moment and took swift action this year to pass the Reproductive Freedom Defense Act. Yet there is still more work to be done to remove barriers like access to transportation, childcare, and insurance coverage that keep abortion out of reach even for people here in Connecticut. Planned Parenthood won’t stop fighting until every person has the power to control their own reproductive destinies and the freedom to make personal health care decisions that impact their lives, health, and futures,” said Zari Watkins, Chief Operating Officer, Planned Parenthood of Southern New England.
“Connecticut must act quickly to dismantle barriers to abortion access and ensure that abortion is accessible, affordable, and available to all. Everyone deserves access to abortion care in their community, on the timeline they choose, and by the provider they trust. Access to abortion is not just about its legality but also about humanity, dignity and freedom. Abortion is healthcare. Abortion is a moral good. Abortion is a legal right, and abortion is a human right,” said Jess Zaccagnino, Policy Counsel for the American Civil Liberties Union of Connecticut.
“People, not anti-abortion politicians, should have the freedom to make their own decisions, including when it comes to abortion care. Abortion is a part of reproductive and maternal healthcare, and every circumstance is unique. When people are making personal medical decisions, it is abundantly clear that one-size fits-all laws don’t work,” said Liz Gustafson, State Director, Pro-Choice Connecticut. “We believe in a future where everyone can exercise their bodily autonomy with dignity, compassion and respect- not confusion, shame, or the threat of surveillance or the criminalization of pregnancy outcomes. We are grateful for our State’s allies and champions for continuing to take bold action in effort to ensure people in Connecticut know their rights and can access the abortion care that they need.”
Abortion is legal and protected in Connecticut, despite the threats posed by the U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization. Access to accurate information is vital. To that end, Attorney General Tong today released a legal overview and analysis of abortion law in Connecticut, a Know Your Rights flyer and series of frequently asked questions. Attorney General Tong will work with government agencies, advocates, and providers to share this information as broadly as possible.
Prior to the announcement, Attorney General Tong and his office held strategy sessions with doctors, lawyers, advocates, and legislators to discuss challenges, gaps, and needs that may require legislative or administrative action to ensure access to abortion care in Connecticut. Areas of consideration include funding for clinic security, protections against disclosure of pregnancy status, protections against increases in medical malpractice insurance rates for properly performing legal abortions, clarifying Connecticut doctors’ ability to use telehealth to prescribe and dispense abortion medication as providers do in other states, expansion of health insurance for undocumented youth over age 12, among other policy considerations. Attorney General Tong will work with stakeholders and legislators over the next several months to support a legislative agenda that protects access to safe, legal and accessible abortion in Connecticut.
Pro Bono Legal Assistance
The legal hotline was established by New York Attorney General Letitia James, who convened a Task Force on Reproductive Health of trained, volunteer attorneys to staff it. Several task Force members have offices in Connecticut, and Attorney General Tong today announced that the legal hotline can provide free legal guidance and resources to Connecticut patients and providers regarding their legal rights to access and provide abortions.
The legal hotline number is 212-899-5567.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, October 13, 2022
ATTORNEY GENERAL TONG STATEMENT REGARDING BRISTOL POLICE OFFICERS KILLED IN LINE OF DUTY
(Hartford, CT) – Attorney General William Tong released the following statement regarding two officers from the Bristol Police Department killed in the line of duty, as well as a third officer shot and injured responding to a domestic violence incident.
“Today is a tragic day for our state, for the Bristol community, and for the families of Sgt. Demonte and Officer Hamzy who died as heroes responding bravely to the most dangerous and volatile of emergency calls. We must do all we can to support Officer Iurato and his family as he faces serious injuries from this senseless shooting. Today, we must honor the service and sacrifice of every first responder waking up to this terrible news, yet still putting on the uniform to keep our families and communities safe. We must come together as a state to support these heroes and their families, today and every day,” said Attorney General Tong.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, October 28, 2022
ATTORNEY GENERAL TONG JOINS COALITION OF 22 ATTORNEYS GENERAL BACKING STATES’ ABILITY TO ENFORCE THEIR CONSTITUTIONS TO ENSURE FREE AND FAIR ELECTIONS
Builds on Strong Track Record of Protecting and Expanding Voting Rights, Ensuring All Eligible Americans Can Make Their Voices Heard
(Hartford, CT) – Attorney General William Tong this week joined a coalition of 22 attorneys general in filing a friend of the court brief in Moore v. Harper, a case in which the U.S. Supreme Court will decide whether to adopt the radical “independent state legislature theory” (ISLT) and give state legislators the sole, unchecked authority to make election rules at the expense of voters and other state institutions. The coalition is supporting North Carolina, its voters, and voting-rights organizations in their challenge.
In the brief, the attorneys general argue that ISLT lacks any historical or constitutional foundation and that its adoption would invalidate a large swath of state election law that does not come from the state legislature, such as state constitutions, court decisions, and regulations. Elections would thus become unworkable and impossible to administer.
“State constitutions, state courts, and state regulators have a critically important role in defining, interpreting, and protecting voting rights. The ‘independent state legislature theory’ is a radical, unworkable ploy to inject unchecked partisanship into our elections. It cannot be allowed,” said Attorney General Tong.
The U.S. Constitution provides that a state’s legislature may set rules governing federal elections. Historically, the Supreme Court has interpreted “legislature” flexibly to include any state actor or entity who exercises lawmaking power. The Court has never questioned that a state court has the power to rule on election statutes and state constitutional provisions.
Consistent with this precedent, North Carolina’s Supreme Court interpreted its state constitution to prohibit partisan gerrymandering and struck down North Carolina’s badly gerrymandered congressional maps as violating the state constitution. At the request of the North Carolina state legislators, the U.S. Supreme Court granted certiorari to consider whether the ISLT is correct, and whether the North Carolina Supreme Court was thus without power to prohibit partisan gerrymandering. At the U.S. Supreme Court, the North Carolina state legislators are arguing that only state legislators—not other actors like the state supreme court, executives, or voters—can make election rules. ISLT is gaining traction among conservative academics and jurists, but it lacks any support in American history or precedent of the U.S. Supreme Court. The theory would unravel states’ election processes and impede election officials’ ability to administer free and orderly elections.
The attorneys general raise two main points:
• State constitutions, courts, and officials historically played an integral role in regulating federal elections: At and after the nation’s founding, states employed various institutions of state government, including their constitutions, courts, and executive officials, to set and implement the rules governing federal elections. Under the guise of originalism, ISLT calls into question what the nation’s founders themselves practiced.
• ISLT threatens states’ ability to administer free and fair federal elections: The states’ historical practice continues today. Justifying their reputation as laboratories of democracy, contemporary state governments still use different branches of their government to conduct elections. ISL threatens to wreak havoc and disrupt the states’ established elections practices.
Attorney General Tong is joined by Attorneys General from California, Colorado, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, October 28, 2022
ATTORNEY GENERAL TONG ANNOUNCES ENFORCEMENT ACTION AGAINST BRIDGEPORT GAS STATION OVER GAS TAX VIOLATION
(Hartford, CT) – Attorney General William Tong today announced Bridgeport-based Nunes Auto Repair has paid $7,000 for failure to lower its prices by 25 cents per gallon on April 1 as required by the gas tax holiday suspension. An investigation by the Office of the Attorney General found that Nunes Auto did not lower its price on regular grade gas until April 4 and the gas retailer consistently failed to fully lower prices on its mid- and premium-grade gas.
“The gas tax holiday was enacted—and extended—to give families a break. Nunes Auto knew the rules, and kept charging consumers for a tax the station wasn’t paying, even after they knew they were under investigation. Not all price increases constitute price gouging or violate the law, but when businesses do take advantage of consumers my office will enforce the law,” said Attorney General Tong.
The gas tax holiday began on April 1 and has been extended through to November 30. During this time, the 25-cent state tax on gasoline is suspended. The law required that retailers reduce their price per gallon by the amount of the excise tax, 25 cents, on April 1. Any gas station suspected of charging that tax, or a portion of that tax, during this gas tax holiday will be subject to investigation by the Office of the Attorney General pursuant to the Connecticut Unfair Trade Practices Act. Acting in coordination with the Department of Consumer Protection, the Office of the Attorney General may file suit against retailers found to be in violation of this law and seek appropriate relief, including injunctive terms, restitution, and civil financial penalties designed to deter future unscrupulous sellers.
The Office of the Attorney General has received 306 complaints regarding gas prices since March, both regarding the gas tax holiday and general gas price gouging complaints. All complaints were reviewed. Of those, the office initiated 12 gas tax related investigations and 93 price gouging investigations. There have been two enforcement actions to date, including Nunes Auto, regarding gas tax violations. Other investigations remain open and ongoing.
Consumers may file complaints online using the Office of the Attorney General complaint portal: https://www.dir.ct.gov/ag/complaint/
Not every increase, or decrease, in gasoline prices is related to the $.25 tax or constitutes price gouging. Every complaint will be investigated and all facts will be assessed on a case-by-case basis. You can help our investigations by sharing as much detail as possible in your complaints, including receipts if possible. Please include in your complaints the address of the gas station, the date and time of your purchase, and the exact price you paid.
Abnormal Market Disruption
An “Abnormal Market Disruption” in gas prices has triggered additional consumer protections through to November 27. An earlier declaration expired and was once again triggered on October 26.
During an abnormal market disruption, it is unlawful to charge an “unconscionably excessive price” for energy resources, including gasoline, electricity, and home heating oil. An “unconscionably excessive price” may occur when there is a gross disparity between the price during the market disruption and the price in the ordinary course of business immediately prior to the market disruption and the price is not attributable to additional costs. Unlike the retail price gouging statute, the abnormal market disruption declaration covers unconscionably excessive prices charged at the retail, distributor and wholesale levels.
State statute requires that the Department of Energy and Environmental Protection monitor the wholesale price of gasoline in the Hartford and New Haven areas. When the wholesale price of gasoline is over $3.00 per gallon and the daily price change is over 15 percent when compared to any of the last 90 days, DEEP is required to notify the Office of the Attorney General and Department of Consumer Protection of an “abnormal market disruption.” Increases in home heating oil prices do not trigger the abnormal market disruption statute.
“Both gas and home heating oil prices are a huge burden for families right now, here in Connecticut and globally. Price gouging during an abnormal market disruption is not just wrong, it’s illegal. There are many factors contributing to these volatile prices that are not necessarily due to any inappropriate profiteering. But if you see someone charging excessive prices and suspect wrongdoing, I want to know,” said Attorney General Tong.
Price Gouging Statutes
During declarations of emergency, price gouging is against Connecticut law. Acting in coordination with the Department of Consumer Protection, the Office of the Attorney General may file suit against price gougers and seek appropriate relief, including injunctive terms, restraining orders, restitution, and civil financial penalties designed to deter future unscrupulous sales.
Attorney General Tong has previously sought reforms to the state’s ability to combat price gouging during an emergency. “An Act Concerning the Authority of the Office of the Attorney General to Bring an Action Against a Seller Who Engages in Price Gouging During a Disaster or Emergency” was considered last legislative session, and would have extended the state’s ability to bring price gouging enforcement actions against bad actors and sellers higher up the supply chain.
Connecticut’s current retail price gouging statute only applies to retail sales, excluding wholesale and sales within the supply chain.
Assistant Attorneys General Joe Gasser and Kim McGee, Paralegal Specialist Casey Rybak, Investigator Caylee Ribeiro and Deputy Associate Attorney General Mike Wertheimer, head of the Consumer Protection Section, assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, November 1, 2022
ATTORNEY GENERAL TONG FILES ENFORCEMENT ACTIONS AGAINST TWO ALLEGED ILLEGAL ROBOCALLERS
National Anti-Robocall Litigation Task Force seeks answers
(Hartford, CT) -- Attorney General William Tong today announced the national Anti-Robocall Litigation Task Force is asking a court to require two voice service providers to cooperate in multistate investigations over alleged involvement in illegal robocalls.
“Our Task Force has developed solid evidence that both Avid Telecom and One Eye LLC accepted and routed fraudulent robocalls, including government imposter scams, fake legal threats, and phony offers purporting to be from businesses like Amazon and Apple. These scammers are not above the law, and they cannot hide from our investigation. We are seeking a court order to enforce compliance with our investigation and to hold them accountable,” said Attorney General Tong.
The Anti-Robocall Litigation Task Force on August 2 issued 20 civil investigative demands seeking answers from 20 gateway providers and other entities allegedly responsible for a majority of foreign robocall traffic. Gateway providers that bring foreign traffic into the U.S. telephone network have a responsibility to ensure the traffic is legal, but these providers are not taking sufficient action to stop robocall traffic. Two of those targets were Michael Lansky LLC — doing business as Avid Telecom — and One Eye LLC. One Eye and Avid have stopped responding to the task force. The national task force today filed petitions in Indiana state court enforcing civil investigative demands (CIDs) against each entity, to compel them to answer interrogatories and produce documents, including all call data records that show the volume and content of the call traffic they are sending to consumers.
Fifty-one attorneys general participate in the national task force. Connecticut is among 16 states on the Executive Committee leading this task force.
“Robocalls are an intrusive and obnoxious menace, responsible for $29.8 billion in fraud last year alone. Our Anti-Robocall Litigation Task Force is actively working to shut down this telecom fraud highway and to bring these scammers to justice,” said Attorney General Tong.
The enforcement action against Avid Telecom details several instances in which the task force believes Avid Telecom knowingly accepted and routed illegal robocalls. Further, the task force believes Avid Telecom's CEO, Michael Lansky, helped another telecom provider hide its suspect traffic.
The enforcement action against One Eye details how an individual named Prince Anand closed another voice service provider, PZ Telecommunication LLC, and became the apparent CEO of One Eye. This transition occurred after the Federal Communications Commission sent PZ Telecom a cease-and-desist letter.
According to the National Consumer Law Center and Electronic Privacy Information Center, more than 33 million scam robocalls are made to Americans every day. These scam calls include fraudsters posing as the Social Security Administration, Amazon and employers offering work opportunities.
Fraudsters stole an estimated $29.8 billion through scam calls in 2021. The task force is focused on shutting down the gateways that profit off this illegal scam traffic.
Attorney General Tong offers the following tips to avoid scams and unwanted calls:
• Be wary of callers who specifically ask you to pay by gift card, wire transfer, or cryptocurrency. For example, the Internal Revenue Service does not accept iTunes gift cards.
• Look out for prerecorded calls from imposters posing as government agencies. Typically, the Social Security Administration does not make phone calls to individuals.
• If you suspect fraudulent activity, immediately hang up and do not provide any personal information.
Assistant Attorneys General Kim McGee and Lauren Bidra, Casey Rybak, Paralegal Specialist, Caylee Ribeiro, Investigator, and Deputy Associate Attorney General Michael Wertheimer, Chief of the Consumer Protection Section assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, November 1, 2022
ATTORNEY GENERAL TONG ANNOUNCES $532,830 FALSE CLAIMS SETTLEMENT WITH NEW HAVEN-BASED PSYCHIATRIC CARE CONSULTANTS
(Hartford, CT) – Attorney General William Tong today announced a $532,830.33 Connecticut False Claims Act settlement with Psychiatric Care Consultants LLC and its owner, Dr. Kishorchandra Gonsai, resolving allegations that the New Haven-based psychiatrist overbilled the state’s Medicaid program for psychotherapy.
Following a fraud referral from the Department of Social Services, an investigation by the Office of the Attorney General found that between June 1, 2017 and March 31, 2022 Psychiatric Care Consultants (PCC) repeatedly billed the Connecticut Medical Assistance Program (CMAP) for either 45-minute or 30-minute psychotherapy sessions that were not provided for the length of time claimed. PCC billed the CMAP for 45-minute sessions when the amount of psychotherapy provided was 30 minutes or less. PCC also billed the CMAP for 30-minute sessions when the amount of psychotherapy provided was 15 minutes or less.
“Dr. Gonsai and PCC overbilled the state’s Medicaid program over a span of nearly five years for therapy services that were not provided at the level he claimed. Our settlement forces Dr. Gonsai to return over half a million dollars to the state’s Medicaid program and sends a strong message that the Office of the Attorney General will not tolerate abuse of taxpayer dollars,” said Attorney General Tong.
“This unfortunate example of overbilling by a psychiatric care provider is a clear reminder that strong anti-fraud measures are in place to protect the integrity of our public health coverage programs. I join Attorney General Tong in welcoming the return of nearly $533,000 from the False Claims Act settlement, and in commending the investigators and attorneys who were instrumental in this resolution,” said Department of Social Services Commissioner Deidre S. Gifford.
Attorney General Tong thanked the Department of Social Services’ Office of Quality Assurance, Special Investigations Division, for their assistance in this matter.
Anyone with knowledge of suspected fraud or abuse in the public healthcare system is asked to contact the Attorney General’s Government Program Fraud Section at 860-808-5040 or by email at ag.f...@ct.gov; the Medicaid Fraud Control Unit at 860-258-5986 or by email at con...@ct.gov; or the Department of Social Services fraud reporting hotline at 1-800-842-2155, online at www.ct.gov/dss/reportingfraud, or by email to provider...@ct.gov.
Legal Investigator Timothy Edwards, Forensic Fraud Examiner Lisa Bailey, Assistant Attorney General Joshua Jackson, and Assistant Attorney General Eric Babbs, under the supervision of Gregory K. O'Connell, Chief of the Government Program Fraud Section, assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, November 7, 2022
CONNECTICUT JOINS COMBINED $16 MILLION MULTISTATE SETTLEMENTS OVER 2012 AND 2015 EXPERIAN DATA BREACHES; EXPERIAN AND T-MOBILE AGREE TO IMPROVE DATA PROTECTION PRACTICES
(Hartford, Connecticut) – Attorney General Tong announced today that Connecticut, along with a coalition of other attorneys general, has obtained two multistate settlements with Experian concerning data breaches it experienced in 2012 and 2015 that compromised the personal information of millions of consumers nationwide. The coalition has also obtained a separate settlement with T-Mobile in connection with the 2015 Experian breach, which impacted more than 15 million individuals who submitted credit applications with T-Mobile. Under the settlements, the companies have agreed to improve their data security practices and to pay the states a combined amount of more than $16 million. Connecticut will receive a total of $886,175 from the settlements.
“Experian and T-Mobile had independent obligations to safeguard consumers’ personal information. They each failed to do so in their own respects. Our multistate settlement sends a strong message to companies that we will hold them accountable if they fail to take reasonable measures to protect consumers’ information—whether that information is managed on their own systems or entrusted to a third party,” said Attorney General Tong.
In September 2015, Experian, one of the big-three credit reporting bureaus, reported it had experienced a data breach in which an unauthorized actor gained access to part of Experian’s network storing personal information on behalf of its client, T-Mobile. The breach involved information associated with consumers who had applied for T-Mobile postpaid services and device financing between September 2013 and September 2015, including names, addresses, dates of birth, Social Security numbers, identification numbers (such as driver’s license and passport numbers), and related information used in T-Mobile’s own credit assessments. 142,789 Connecticut residents were impacted by the 2015 breach. Neither Experian’s consumer credit database, nor T-Mobile’s own systems, were compromised in the breach.
Connecticut co-led a 40-state multistate group which has obtained separate settlements from Experian and T-Mobile in connection with the 2015 data breach. Under a $12.67 million settlement, Experian has agreed to strengthen its due diligence and data security practices going forward. Those include:
• Prohibition against misrepresentations to its clients regarding the extent to which Experian protects the privacy and security of personal information;
• Implementation of a comprehensive Information Security Program, incorporating zero-trust principles, regular executive-level reporting, and enhanced employee training;
• Due diligence provisions requiring the company to properly vet acquisitions and evaluate data security concerns prior to integration;
• Data minimization and disposal requirements, including specific efforts aimed at reducing use of Social Security numbers as identifiers; and
• Specific security requirements, including with respect to encryption, segmentation, patch management, intrusion detection, firewalls, access controls, logging and monitoring, penetration testing, and risk assessments.
The settlement also requires Experian to offer 5 years of free credit monitoring services to affected consumers, as well as two free copies of their credit reports annually during that timeframe. This is in addition to the four years of credit monitoring services already offered to affected consumers— two of which were offered by Experian in the wake of the breach, and two that were secured through a separate 2019 class action settlement. The deadlines to enroll in these prior offerings have since passed.
If you were a class member in the 2019 class action settlement, you are eligible to enroll in these extended credit monitoring services. Affected consumers can enroll in the 5-year extended credit monitoring services and find more information on eligibility here. The enrollment window will remain open for 6 months.
In a separate $2.43 million settlement, T-Mobile has agreed to detailed vendor management provisions designed to strengthen its vendor oversight going forward. Those include:
• Implementation of a Vendor Risk Management Program;
• Maintenance of a T-Mobile vendor contract inventory, including vendor criticality ratings based on the nature and type of information that the vendor receives or maintains;
• Imposition of contractual data security requirements on T-Mobile’s vendors and sub-vendors, including related to segmentation, passwords, encryption keys, and patching;
• Establishment of vendor assessment and monitoring mechanisms; and
• Appropriate action in response to vendor non-compliance, up to contract termination.
The settlement with T-Mobile does not concern the unrelated, massive data breach announced by T-Mobile in August 2021, which is still under investigation by a multistate coalition of Attorneys General co-led by Connecticut.
Concurrently with the 2015 data breach settlements, Experian has agreed to pay an additional $1 million to resolve a separate multistate investigation into another Experian-owned company—Experian Data Corp. (“EDC”)— in connection with EDC’s failure to prevent or provide notice of a 2012 data breach that occurred when an identity thief posing as a private investigator was given access to sensitive personal information stored in EDC’s commercial databases. Under that resolution, entered into by a separate group of 40 states, EDC has agreed to strengthen its vetting and oversight of third parties that it provides personal information, investigate and report data security incidents to the Attorneys General, and maintain a “Red Flags” program to detect and respond to potential identity theft.
Michele Lucan, Chief of the Privacy Section, along with Assistant Attorneys General John Neumon and Aine DeMeo assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, November 14, 2022
ATTORNEY GENERAL TONG ANNOUNCES HISTORIC GOOGLE SETTLEMENT OVER LOCATION TRACKING PRACTICES
(Hartford, CT) – Attorney General William Tong today announced that Connecticut, along with 39 other attorneys general, has reached a $391.5 million multistate settlement with Google over its location tracking practices relating to Google Account settings. This is the largest multistate privacy settlement in U.S. history. Connecticut will receive more than $6.5 million from the settlement.
“This $391.5 million settlement is a historic win for consumers in an era of increasing reliance on technology. Location data is among the most sensitive and valuable personal information Google collects, and there are so many reasons why a consumer may opt-out of tracking. Our investigation found that Google continued to collect this personal information even after consumers told them not to. That is an unacceptable invasion of consumer privacy, and a violation of state law,” said Attorney General Tong. “People deserve to have greater control over—and understanding of—how their data is being used. My office has been at the forefront of that effort, and we will continue to take on big tech as we move to enforce Connecticut’s new consumer privacy law.”
"Consumers have a right to know if and how their data is being used,” said DCP Commissioner Michelle H. Seagull. “Companies like Google have a duty to be transparent in their data collection and advertising practices, and clearly give consumers the option to opt out of data sharing, including location tracking.”
In May of this year, Connecticut passed the Connecticut Data Privacy Act—one of the first comprehensive consumer privacy laws in the country. The Act provides Connecticut consumers baseline privacy rights, including the right to access, delete, and stop the sale of their data. It also requires companies to be transparent about how they use and secure data, as well as obtain consumer consent before collecting certain categories of sensitive information—including precise location data.
Location data is a key part of Google’s digital advertising business and among the most sensitive and valuable personal information Google collects. Even a limited amount of location data can expose a person’s identity and routines and be used to infer personal details. Google uses this data to build detailed user profiles and target ads to consumers on behalf of its advertising customers.
The attorneys general opened the Google investigation following a 2018 Associated Press article that revealed Google “records your movements even when you explicitly tell it not to.” The article focused on two Google account settings: Location History and Web & App Activity. While Location History is “off” by default and must be enabled by a user, Web & App Activity, a separate account setting, is automatically “on” when users set up a Google account—including all Android phone users.
As detailed in the settlement, the attorneys general found that Google violated state consumer protection laws by misleading consumers about its location tracking practices since at least 2014. Specifically, Google misled users about the scope of the Location History setting, the fact that the Web & App Activity setting existed and also collected location information, and the extent to which consumers who use Google products and services could limit Google’s location tracking by adjusting their account and device settings.
The settlement requires Google to be more transparent with consumers about its location tracking practices. In particular, Google must:
- Show additional information to users whenever they turn a location-related account setting “on” or “off”;
- Make key information about location tracking unavoidable for users (i.e., not hidden); and
- Maintain a dedicated webpage that provides users detailed information about the types of location data Google collects and how that data is used.
The settlement also limits Google’s use and storage of certain types of location information and requires Google to make its account controls more user-friendly.
The attorneys general of Oregon and Nebraska led the settlement negotiations, assisted by Arkansas, Florida, Illinois, Louisiana, New Jersey, North Carolina, Pennsylvania, and Tennessee. The final settlement was also joined by Alabama, Alaska, Colorado, Delaware, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Mexico, New York, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Vermont, Virginia, and Wisconsin.
Assistant Attorney General Aine DeMeo and Michele Lucan, Chief of the Privacy Department, assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, November 15, 2022
ATTORNEY GENERAL TONG ANNOUNCES $3.1 BILLION SETTLEMENT WITH WALMART OVER OPIOID EPIDEMIC ALLEGATIONS
(Hartford, CT) -- Attorney General William Tong today announced that Connecticut has reached a settlement with Walmart to resolve allegations that the company contributed to the opioid addiction crisis by failing to appropriately oversee the dispensing of opioids at its stores. The settlement will provide more than $3 billion nationally and will require significant improvements in how Walmart's pharmacies handle opioids. State attorneys general on the executive committee, including Connecticut, attorneys representing local governments, and Walmart have agreed to this settlement, and it is now being sent to other states for review and approval.
“This settlement delivers over $3 billion to fight the opioid addiction crisis, and forces strict improvements in Walmart’s practices. Walmart pharmacies dispensed massive quantities of opioids into communities across Connecticut and nationwide. Their actions fueled the addiction crisis and caused unparalleled suffering and loss,” said Attorney General Tong. “One by one, we will hold every player in the addiction industry accountable. We are bringing tens of billions of dollars back into communities to support treatment and recovery, and to save lives.”
The settlement will include:
• $3.1 billion to be divided by states that sign on, local governments, and tribes, which must be used to provide treatment and recovery services to people struggling with opioid use disorder.
• Broad, court-ordered requirements, including robust oversight to prevent fraudulent prescriptions and flag suspicious prescriptions.
The parties are optimistic that the settlement will gain support of the required 43 states by the end of 2022, allowing local governments to join the deal during the first quarter of 2023. Further details about how the money will be distributed will be forthcoming. Last month, states confirmed that promising negotiations were also underway with Walgreens and CVS. The parties continue their efforts to achieve those agreements.
Attorneys General from Connecticut, North Carolina, Nebraska, Pennsylvania, New York, Ohio, California, Colorado, Delaware, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Tennessee, and Texas have served as the lead negotiators on this deal.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, November 17, 2022
ATTORNEY GENERAL TONG STATEMENT ON EVERSOURCE SUPPLY RATE INCREASE
(Hartford, CT) – Attorney General William Tong released the following statement regarding new Eversource standard service supply rates effective January 1. Supply rates will double from 12.05 cents per kWh to 24.2 cents per kWh, resulting in an $84 per month increase for the average user.
“This is a massive increase that will be unaffordable for many Connecticut families and businesses. We pay far too much for our energy in Connecticut as it is, and these winter rates are nothing short of punishing. My office has intervened on behalf of consumers at each and every rate case before the Public Utilities Regulatory Authority and the Federal Energy Regulatory Commission because we know how much the cost of energy impacts family budgets. We have next to no ability to challenge these supply rates, which is frustrating. Our supply rates always fluctuate between winter and summer, but this is not normal. We are seeing a huge global spike in gas costs due to the war in Ukraine and Russian manipulation of gas supplies. Both as a country and a state, we need to take a hard look at our energy sources and reduce our reliance on sources like natural gas that produce these wild, unaffordable surges in rates.”
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, November 17, 2022
ATTORNEY GENERAL TONG STATEMENT ON EVERSOURCE AND UNITED ILLUMINATING SUPPLY RATE INCREASE
(Hartford, CT) – Attorney General William Tong released the following statement regarding new Eversource and United Illuminating standard service supply rates effective January 1. Eversource supply rates will double from 12.05 cents per kWh to 24.2 cents per kWh, resulting in an $84 per month increase for the average user. United Illuminating supply rates will go from 10.6 cents per kWh to 22.5 cents per kWh, resulting in an $83.09 increase for the average user.
“This is a massive increase that will be unaffordable for many Connecticut families and businesses. We pay far too much for our energy in Connecticut as it is, and these winter rates are nothing short of punishing. My office has intervened on behalf of consumers at each and every rate case before the Public Utilities Regulatory Authority and the Federal Energy Regulatory Commission because we know how much the cost of energy impacts family budgets. We have next to no ability to challenge these supply rates, which is frustrating. Our supply rates always fluctuate between winter and summer, but this is not normal. We are seeing a huge global spike in gas costs due to the war in Ukraine and Russian manipulation of gas supplies. Both as a country and a state, we need to take a hard look at our energy sources and reduce our reliance on sources like natural gas that produce these wild, unaffordable surges in rates.”
###
Media Contact:
Elizabeth Benton
860-214-0937 (cell)
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, November 21, 2022
ATTORNEY GENERAL TONG ANNOUNCES INVESTIGATION INTO OPTIMUM FOLLOWING HUNDREDS OF CONSUMER COMPLAINTS
(Hartford, CT) – Attorney General William Tong announced today he has opened an investigation under the Connecticut Unfair Trade Practices Act into Altice Optimum following nearly 500 consumer complaints regarding slow internet speeds, hidden fees, and unacceptable technical support.
Many complaints to the Office of the Attorney General involved consumers who paid for either 300 Mbps or 400 Mbps cable internet plans. When consumers ran home speed tests, they discovered they were not receiving the speeds they paid for. The Office of the Attorney General also received complaints regarding service fees, technical support, and customer service. The Office of the Attorney General is also investigating a $3.50 “Network Enhancement Fee” for internet customers.
“Customers have a right to expect the service and internet speed they pay for. Our office has reviewed hundreds of complaints from Optimum cable internet customers regarding slow speeds, hidden fees, and poor customer support. Our investigation seeks comprehensive records dating back to January 2017 to determine exactly what Altice Optimum knew and what they were doing to deliver the internet speeds and service they promised. If our investigation finds that Optimum violated Connecticut law, we will not hesitate to hold them accountable,” said Attorney General Tong.
“Reliable internet access is a critical utility in 2022,” said Department of Consumer Protection Commissioner Michelle H. Seagull. “People rely on it for everything from school and work to paying their bills, to entertainment and news access. Consumers also deserve to get what they pay for. I am glad the Attorney General is taking on this investigation to determine if there has been any wrongdoing or harm done to consumers who pay for Optimum’s services.”
“Customers deserve the services they pay for, and these allegations indicate Altice Optimum has failed to deliver on its word for half a decade,” said Senator Norm Needleman (D-Essex), Co-Chair of the Energy & Technology Committee. “As the internet has become a vital part of everyday life, households relying on these services for employment, education and entertainment can experience significant harm if they lack reliable internet service. If Altice Optimum contributed to that harm, they should face the consequences. I look forward to the findings of the Attorney General’s investigation.”
“Connecticut consumers should not be subject to potential hidden fees, mis leading marketing and poor customer service. Altice Optimum should be held accountable if they did in fact violate Connecticut law. I commend AG Tong for taking on this investigation on behalf of Connecticut consumers. AG Tong’s record of holding utilities accountable is second to none,” said Rep. David Arconti (D-Danbury), Co-Chair of the Energy & Technology Committee.
"The importance and value of having reliable internet service has never been clearer to our families than it is today,” said Senate Republican Leader Pro Tempore Paul Formica (R-East Lyme), ranking member of the Energy & Technology Committee. “We all share the goal of wanting to ensure access to quality and reliable service. In our efforts to address that goal, consumer complaints must be thoroughly examined, and all stakeholders must work together to promote accountability and transparency and implement appropriate corrective action to best support consumers."
A civil investigative demand sent today to Altice Optimum seeks detailed records of consumer complaints dating back to January 2017. The civil investigative demand further seeks records of how Altice Optimum marketed its internet speeds, any analysis or records regarding the speed and quality of internet they ultimately delivered, records showing Altice Optimum’s knowledge of various factors impacting the speed and quality of their internet service, records showing how Altice Optimum invested revenue from their “Network Enhancement Fee,” among other demands.
This investigation follows a settlement reached in August with Frontier Communications following review of over 1,400 consumer complaints regarding equipment returns, poor internet quality, unsatisfactory customer service, and excessive charges. The Frontier settlement, worth over $60 million, will dramatically expand access to high-speed internet for Frontier customers in economically distressed communities, end a hidden monthly $6.99 internet surcharge, and force significant improvements in Frontier’s marketing and customer service.
Assistant Attorney General Lauren Bidra, Casey Rybak, Paralegal Specialist, Caylee Ribeiro, Investigator, and Deputy Associate Attorney General Michael Wertheimer, Chief of the Consumer Protection Section assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, November 23, 2022
ATTORNEY GENERAL TONG URGES APPLE TO PROTECT CONSUMERS’ REPRODUCTIVE HEALTH INFORMATION THROUGH APPLE APP STORE IN THE WAKE OF U.S. SUPREME COURT DOBBS DECISION
Letter to Apple CEO Highlights Security Gaps Posing Risks to Privacy & Safety of App Users
(Hartford, CT) -- Attorney General William Tong joined a coalition of ten attorneys general urging Apple to protect consumers’ private reproductive health information on apps available through its App Store following the U.S. Supreme Court’s Dobbs decision overturning Roe v. Wade.
In a letter sent to Apple CEO Tim Cook this week, Attorney General Tong joined the coalition in calling for privacy-enhancing measures to protect the private reproductive health data collected from users of apps hosted on Apple’s App Store to prevent individuals seeking or providing abortion care from potential action and harassment by law enforcement, private entities, or individuals.
“From basic health and wellness apps, to period tracking, fertility and pregnancy tracking apps, we have enabled our phones to collect, retain—and sometimes share—our most personal and private reproductive health information. Apple says it has strong privacy and security measures for its devices, yet those protections do not extend to the apps they host on their store. Apple can and must do better to demand robust privacy protections and to ensure private reproductive health information is not used to criminalize and harass those seeking and providing abortion care,” said Attorney General Tong.
While Apple has adopted privacy and security measures consistent with its stated goals of protecting consumers’ privacy, the attorneys general note that apps hosted on Apple’s App Store frequently fail to meet these same standards and protections for this sensitive data. This gap in Apple’s protections threatens the privacy and safety of App Store consumers, and runs directly counter to Apple’s publicly expressed commitment to protect user data, according to the letter.
Given the demonstrated risk that location history, search history, and adjacent health data poses to individuals seeking or providing abortions or other reproductive health care, the coalition urges Apple to require app developers to either certify to Apple or affirmatively represent in their privacy policies that they will take the following security measures:
• Delete data not essential for the use of the application, including location history, search history, and any other related data of consumers who may be seeking, accessing, or helping to provide reproductive health care;
• Provide clear and conspicuous notices regarding the potential for App Store applications to disclose user data related to reproductive health care, and require that applications do so only when required by a valid subpoena, search warrant, or court order; and
• Require App Store applications that collect consumers’ reproductive health data or that sync with user health data stored on Apple devices to implement at least the same privacy and security standards as Apple with regards to that data.
The proposed measures would safeguard reproductive health information from being wrongfully exploited by those who would use it to harm pregnant women or providers and are consistent with Apple’s professed promises of privacy protection on the App Store, the letter explains.
The letter details several reasons why it is necessary for Apple to pursue each of these data-protection measures in the wake of the Dobbs decision.
The letter explains that deleting data related to reproductive health care is the first line of defense to protect consumers who, often unknowingly, leave digital trails of their actions to obtain or provide reproductive health care. At the same time, the letter highlights that what data apps do retain and share is often obscured by vague and unclear privacy policies—making it impossible for consumers to make informed decisions about who to trust with their sensitive reproductive health data. This makes it critical for Apple to ensure that apps provide clear and conspicuous notices regarding third-party access to reproductive health data, the letter explains.
Finally, the letter makes it clear that it’s not enough that Apple protects the reproductive health data it collects and stores. Apple’s purported commitment to privacy and consumer protection demands that the company require the same vigilance on the part of third-party apps that sync with Apple Health, as well as apps that collect reproductive health data from consumers.
Specifically, the letter urges Apple to implement a clear process to audit third-party apps’ compliance with Apple’s privacy and security standards. At a minimum, Apple should require apps on the App Store to meet certain threshold security requirements, such as encryption of biometric and other sensitive health data stored on applications, use of end-to-end encryption when transmitting said data, and compliance with Apple’s user opt-out controls. Compliance with these measures should be represented in the privacy policies of App Store apps. Long-term, Apple should conduct periodic audits and remove or refuse to list third-party apps in violation of these standards.
In signing the letter, Attorney General Tong joins the attorneys general of New Jersey, California, Oregon, Massachusetts, Washington, North Carolina, Illinois, Vermont, and Washington, D.C.
A copy of the letter is available here.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, November 28, 2022
ATTORNEY GENERAL TONG CALLS ON EVERSOURCE AND UNITED ILLUMINATING TO CONTRIBUTE GREATER SHARE OF PROFITS TO RATEPAYER RELIEF DURING EXTRAORDINARY SPIKE IN WINTER ENERGY COSTS
(Hartford, CT) – Attorney General William Tong released the following statement today calling on Eversource and United Illuminating to contribute a greater share of their profits to ratepayer relief to lessen the crushing burden of the extraordinary spike in winter energy costs.
Attorney General Tong had been participating in rate relief negotiations with the two utilities and state leaders over the past week. He has asked Eversource and United Illuminating to contribute roughly 10 percent of their substantial earnings—or approximately $40 million for Eversource and $8 million for United Illuminating. Attorney General Tong has proposed to use those funds for direct rate relief for low and middle income families least able to bear this burden. Absent a significant commitment from the two utilities, the Office of the Attorney General has not joined today’s filing with the Public Utilities Regulatory Authority and will continue to press for more meaningful aid.
“Today’s filing will provide modest relief to Connecticut families crushed by the unaffordable spike in winter energy costs. It is an important first step and the discussions we have had over the past week have been sincere. That being said, I have asked Eversource and United Illuminating to do more. Specifically, I have asked them to contribute a percentage of shareholder earnings commensurate with the percentage increase their customers will pay this winter to keep their lights and heat on. To date, they have refused. Absent that, we are left with solutions that provide only modest relief, and are paid for by and large by the very same taxpayers and ratepayers already crushed by this crisis. That is both frustrating and unacceptable. This filing must be the start of our search for relief, not the end. Taxpayers and ratepayers are contributing to these solutions, and so too should the shareholders and executives who have done so well over the past several years. We pay far too much for our energy in Connecticut and this problem is not going away. We need to take a hard look at who is profiting and who is harmed as we search for long term reform,” said Attorney General Tong. “I thank Governor Lamont, Commissioner Dykes, and Consumer Counsel Coleman for their diligent efforts throughout the holiday weekend to identify solutions and look forward to continued discussions toward greater relief.”
Eversource and United Illuminating make no profit on supply rates, which are set through a competitive auction. The Office of the Attorney General cannot challenge these rates or intervene in the same way that the Office does with distribution rates. That being said, Eversource and United Illuminating earn a healthy profit on their distribution investments, regardless of economic conditions and challenges facing Connecticut families. They earn another lucrative rate of return on their transmission infrastructure investments. While they are not directly responsible for the latest spike in winter supply rates, they are undeniably in a strong position to assist. CL&P (Eversource in Connecticut) reported a net income of $540 million for Sept. 2021 through Sept. 2022. United Illuminating reported $59 million in net income during that same period.
In addition to the winter supply rate, United Illuminating has filed a request with the Public Utilities Regulatory Authority to increase distribution rates by approximately 8 percent over the next three years. Eversource is expected to file its distribution rate request next year. The Office of the Attorney General will aggressively seek relief for ratepayers in both of those proceedings.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, December 1, 2022
ATTORNEY GENERAL TONG JOINS BRIEF IN SUPPORT OF LGBTQ+ WORKERS
Brief Filed in Support of Teacher at a North Carolina Catholic High School Terminated After Announcing Plans to Marry his Same-Sex Partner
(Hartford, CT) -- Attorney General William Tong today joined a coalition of`18 attorneys general in filing a brief in support of a substitute teacher at a North Carolina Catholic high school who was terminated after announcing plans to marry his same-sex partner, arguing that the First Amendment does not give an employer the right to illegally discriminate against an employee because of their sex.
“Employees have a right to work free from discrimination, including the right to marry whom they love. The First Amendment is not a license for employers to discriminate. The North Carolina district court got this one right, and the defendants’ extreme and expansive theories here must be rejected,” said Attorney General Tong.
The brief, filed Wednesday with the U.S. Court of Appeals for the Fourth Circuit in Billard v. Charlotte Catholic High School et al., specifically argues that the First Amendment’s protection for freedom of expressive association does not apply to the employer-employee relationship at issue in the case, and therefore does not afford the school the right to fire the teacher in violation of Title VII of the Civil Rights Act. The brief supports a ruling by the North Carolina federal district court in favor of the teacher’s arguments that the school violated Title VII by discriminating on the basis of sex.
According to the brief, accepting the expansive theory of expressive association put forward by the school would severely undermine the ability of states to ensure job employment opportunities remain open to everyone. The brief argues that “if any employer could invoke an ‘expressive purpose’ not to employ certain types of people, and thereby claim exemption from employment discrimination laws under the ‘freedom not to associate,’ the results could be catastrophic and widespread.” Under the defendants’ theory of expressive association, the brief argues, “there is nothing to stop a business owner who sincerely believes in white supremacy from invoking his ‘freedom to not associate’ in refusing to hire Black employees, or a business owner who sincerely believes that Jews are responsible for the crucifixion of Jesus from refusing to hire them.”
The brief points out that the defendants’ expansive view of expressive association with regard to employment is not supported in Supreme Court or Fourth Circuit case law. Past cases concerning expressive association claims involved membership and volunteer leadership roles in private organizations rather than employment.
Workplace discrimination remains a pervasive problem across the country, according to the brief, with more than 60 percent of American workers reporting they have experienced or witnessed discrimination on the basis of race, age, gender or LGBTQ+ status. Nearly half of LGBTQ+ workers in a recent survey reported having “suffered adverse treatment at work because of their sexual orientation or gender identity, and nearly a third reported such treatment within the last five years,” the brief states.
Today’s brief was led by Massachusetts Attorney General Maura Healey and joined by the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, December 2, 2022
ATTORNEY GENERAL TONG ANNOUNCES MULTISTATE SETTLEMENT WITH CARMAX OVER THE DISCLOSURE OF SAFETY RECALLS
(Hartford, CT) -- Attorney General William Tong today announced a $1 million multistate settlement with CarMax Auto Superstores, Inc. and 35 attorneys general that will require CarMax to disclose open, unrepaired recalls related to the safety of its used vehicles. Connecticut will receive a payment of $20,589.46 through the settlement to support consumer protection enforcement.
A multistate investigation found that CarMax advertised that its cars underwent “safety” inspections, but did not ensure safety-related recall services were complete before selling a vehicle. The settlement forces CarMax to provide written disclosures both in writing and on the vehicle itself of any open recalls, and information on how to check the National Highway Traffic Safety Administration website to confirm any recalls. Further, CarMax may not describe its cars as “safe” or not having “safety issues.”
CarMax will use the National Highway Traffic and Safety Administration’s (NHTSA) vehicle identification number tool to provide this important safety information to consumers. Consumers can also avail themselves of this tool to check for any open recalls on their vehicles.
“Open safety recalls can be a serious safety risk to drivers, passengers, and all others on the road. Today’s settlement with CarMax sends an important industry-wide message that used car dealers must disclose these open safety recalls to consumers before any sale. If you are considering purchasing a used car, I strongly encourage that you consult the National Highway Traffic and Safety Administration site to learn of any open recalls. Manufacturers are responsible for these repairs at no cost to consumers,” said Attorney General Tong.
“Consumers have a right to know the full history of any vehicle they’re considering purchasing, including any past recalls,” said Department of Consumer Protection Commissioner Michelle Seagull. “I am pleased this settlement requires consumers receive the full scope of the recall information available about any used vehicle they may consider purchasing.”
This industry-changing settlement establishes that used car dealers should generally disclose open safety recalls to consumers before they buy. CarMax now includes hyperlinks for vehicles advertised online and QR codes for vehicles on the lot that link directly to any open recalls on the vehicle so consumers can access this data as they shop. CarMax will also present the consumer with copies of any open recalls and obtain the consumer’s signature on that standalone disclosure document before presenting any other sales paperwork.
CarMax cooperated fully with the investigation.
To read a copy of the settlement click here.
Assistant Attorneys General Joe Gasser, Rebecca Quinn, and Brendan Flynn, and Deputy Associate Attorney General Mike Wertheimer, head of the Consumer Protection Section, assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, December 6, 2022
ATTORNEY GENERAL TONG, DEPARTMENT OF AGRICULTURE SECURE STATE CUSTODY OF NEGLECTED GOATS
State Accepting Applications for Adoption of Over 90 Goats
(Hartford, CT) – Attorney General William Tong today announced the state has secured permanent custody of more than 90 neglected and injured goats seized from Redding resident Nancy Burton in March 2021.
The goats will be available for adoption through an application process facilitated by the Department of Agriculture. Parties interested in adopting any of the goats should contact AGR.ad...@ct.gov for more information.
“These goats suffered extreme neglect and have been in state custody for well over 500 days. They deserve this chance for permanent, loving homes,” said Attorney General Tong. “State intervention is never our first choice. Resources and assistance are available to animal owners in need, yet was repeatedly refused in this case. I am grateful to our team in the Office of the Attorney General and at the Department of Agriculture who have fought for many, many months to secure this positive resolution.”
Attorney General Tong first sought permanent custody of the goats in March 2021. Superior Court Judge Barbara N. Bellis granted permanent custody to the state in May 2022, and also ordered Nancy Burton to compensate the state for the cost of caring for the goats. Nancy Burton appealed the order and was granted a stay. Judge Bellis lifted that stay on October 18, ruling that Nancy Burton was “unlikely…to prevail on appeal” and that “incurring further unnecessary expenses and expending additional resources, as opposed to a permanent placement for the goats, is not in the public interest.” She further sought to stay the ruling and prevent the adoption of the goals, but was ultimately denied. The matter of state compensation for care of the goats has yet to be resolved.
The Connecticut Department of Agriculture, with the assistance of the Town of Redding and the Redding Police Department, executed a search and seizure warrant last year for the goats located at 147 Cross Highway in Redding. Sixty-five goats seized from the home were evaluated and treated by a veterinarian. The goats have since been in temporary custody of the Department of Agriculture at the "Second Chance" Large Animal Rehabilitation Facility at the York Correctional Facility in Niantic. Many of the goats were pregnant at the time the state took custody and have since given birth. There are now over 90 goats available for adoption.
“As Judge Bellis noted, the state has devoted significant resources to the care and custody of these animals, and they are now able to be adopted out to their permanent homes. We are seeking adopters who can provide the goats with caring homes to ensure their health and well-being,” said Agriculture Commissioner Bryan P. Hurlburt. “Cases like this one require a cooperative effort and we are grateful to all who intervened and responded, including our municipal partners, animal control officers and the Attorney General and his team.”
The Redding Police Department had received more than 120 complaints regarding roaming goats and violations of local ordinances since 2007. During that same period, the Department of Agriculture also received five complaints related to the condition of goats at the property and lack of care. On April 20, 2020, Redding Police investigated a car accident in which one of the goats was roaming in the road and was struck by a car. Nancy Burton was arrested and charged with Animal Cruelty. Her case is ongoing in Danbury Superior Court.
During execution of the search and seizure warrant on March 10, 2021 authorities discovered between 40-50 dead goats in multiple locations of the property in various stages of decomposition in plastic bags, piled underneath a tarp, inside trash containers, and partially buried. One recently deceased goat was found in a shelter, with straw around its hooves and displaced in a semi-circle pattern carved into the ground, indicating that the animal had been struggling for a significant amount of time before expiring. Authorities observed that the goats lacked adequate water. Several struggled to walk and needed medical attention. Some were visibly underweight, with missing or matted fur caked with mud and manure.
Removal of the animals is a last resort after attempting to work with the owner to voluntarily improve the standard of care. Resources and support are available for animal owners facing hardship. Livestock and domestic animal owners are urged to reach out to the Department of Agriculture for assistance at 860-713-2500.
Assistant Attorney General Jonathan Harding and Matthew Levine, Deputy Associate Attorney General/Chief of the Environment Section are assisting the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, December 6, 2022
ATTORNEY GENERAL TONG SEEKS SCRUTINY OF PROPOSED CLOSURE OF LABOR AND DELIVERY SERVICES AT SHARON HOSPITAL
(Hartford, CT) – In comments submitted today to the Office of Health Strategy, Attorney General William Tong urged regulators to thoroughly review the community impact of a proposed closure of labor and delivery services at Sharon Hospital.
Attorney General Tong has received over 300 petitions from concerned community members in opposition to the closure. The Office of Health Strategy is holding a public hearing today on the requested closure, and is the state regulatory body charged with either granting or denying the “Certificate of Need” required for Sharon Hospital to proceed with the requested closure.
In his comments, Attorney General Tong recognized the challenges presented by the hospital, including limited financial resources, declining birth rate, and challenges attracting and retaining professional staff. That being said, Attorney General Tong noted that these reasons must be balanced with the needs of the community. He notes the hospital’s own 2022 Community Health Needs Assessment that identifies “women’s and maternal healthcare” as an issue of high importance to area residents. The report cites “wide disparities” in access to prenatal care among people of color, as well as a disproportionate number of people in the hospital’s service area receiving late or no prenatal care as compared to the state average.
“The applicant’s proposal to close labor and delivery services risks exacerbating the very health disparities identified in the applicant’s own CHNA. In the absence of labor and delivery services at Sharon Hospital, patients, particularly Medicaid and other low-income patients, will have to seek these services elsewhere and may face new access and cost barriers,” Attorney General Tong states.
The alternate labor and delivery locations identified by the applicant are Charlotte Hungerford Hospital in Torrington (25 miles away), Danbury Hospital (40 miles away), Fairview Hospital in Great Barrington, Massachusetts (25 miles away), Northern Dutchess Hospital (32 miles away) and Vassar Brothers Medical Center (34 miles away), both in New York.
“Before requiring parents without transportation to travel 25+ miles to another labor and delivery unit, asking a mother in active labor to travel to travel 40 minutes or more for maternity services, perhaps paying thousands of dollars for emergency transport, or asking a family living paycheck to paycheck to pay thousands of dollars for out-of-network care, the applicant should demonstrate that there is a clear public need for the proposal,” Attorney General Tong states.
Elsewhere in Connecticut, several maternity units have closed, and hospitals are seeking approval to close others. Rockville Hospital announced the closure of its maternity unit in 2010, citing declining birth rates, the departure of an obstetrician and difficulty recruiting physicians. Since then, Milford and New Milford Hospitals have closed their maternity wards. In addition to Sharon Hospital, Windham Hospital and Johnson Memorial Hospital in Stafford Springs are currently proposing to close their maternity units.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, December 12, 2022
ATTORNEY GENERAL TONG ANNOUNCES AGREEMENTS WITH CVS AND WALGREENS DELIVERING $10.7 BILLION TO FIGHT OPIOID EPIDEMIC
AG Tong Helps Lead Bipartisan Negotiations, Brings Total Recoveries from Drug Industry to More than $50 Billion
(Hartford, CT) -- Attorney General William Tong today announced agreements with CVS and Walgreens to deliver $10.7 billion nationwide to save lives and fight the opioid epidemic. Today’s announcement brings the total recovered from investigations and litigation against the pharmaceutical addiction industry to more than $50 billion. Connecticut will receive about $127 million from these latest settlements, bringing the state’s total recovery to over $600 million, which will be used to support opioid abuse treatment and prevention.
Attorney General Tong will hold a media availability at 1 p.m. TODAY, Monday, December 12 in the visitor’s lobby of the Office of the Attorney General at 165 Capitol Avenue in Hartford.
Under today’s agreements, CVS will pay $5 billion and Walgreens will pay $5.7 billion, totaling $10.7 billion. Adding the recently announced settlement with Walmart, the three major chain pharmacies will pay a total of nearly $14 billion, with Connecticut set to receive about $162 million.
“One by one, we are holding every player in the addiction industry accountable and forcing them to turn over billions of dollars for treatment and prevention nationwide. CVS and Walgreens flooded our cities and towns with bottles upon bottles of pills with callous disregard for the suffering their actions caused. Our settlement mandates significant changes to their business practices, including court-ordered monitoring to ensure the checks and balances that should have been in place all along will now be aggressively enforced,” said Attorney General Tong. “As with prior opioid settlement funds, Connecticut’s $127 million share from these agreements will be used to support opioid treatment and prevention, and to save lives in communities across Connecticut.”
In addition to the financial settlement, CVS and Walgreens, along with Walmart earlier, have agreed to court-ordered injunctive relief that requires the pharmacies to monitor, report, and share data about suspicious activity related to opioid prescriptions. This court-ordered injunctive relief will help ensure a crisis like this does not happen again.
The terms of this agreement will now go to the states for their review. Each state will have until the end of 2022 to join, after which the Walmart, Walgreens, and CVS agreements will go to local governments around the country for sign-on during the first quarter of 2023. Connecticut intends to join the agreements. Nearly all of the settlement funds must be used to remediate the opioid crisis, including prevention, harm reduction, treatment, and recovery services.
The payments are structured to ensure critical support in early years as well as sustained resources over time. Most of Walmart’s amount will be paid during the first year; CVS’s payments will be spread over 10 years; Walgreens' payments will be spread over 15 years. If there is sufficient sign-on, payments should begin during the second half of 2023.
Attorney General Tong was joined by the attorneys general of North Carolina, California, Colorado, Delaware, Illinois, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Nebraska, New York, Ohio, Pennsylvania, Rhode Island, Tennessee, and Texas in leading these negotiations.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, December 14, 2022
ATTORNEY GENERAL TONG STATEMENT ON SANDY HOOK ANNIVERSARY
(Hartford, CT) – Attorney General William Tong issued a statement on the tenth anniversary of the tragedy at Sandy Hook Elementary School.
“For ten years, 26 Connecticut families have woken up with a wound that will never heal. For ten years, innocent children—now teenagers and young adults—have lived with a pain, trauma and unrelenting vigilance that will never subside. Ten years ago, we lost 26 precious children and dedicated educators to one of the most horrific acts of gun violence any country has ever endured. Today, we honor this painful anniversary with love and kindness, but also with a fierce commitment to stopping the uniquely American horror of gun violence in our communities,” said Attorney General Tong. “In the ten years since that horrific tragedy, Connecticut has united in action behind some of the strongest, lifesaving gun safety laws in the nation. We cannot relent, and we will not go back.”
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, December 15, 2022
ATTORNEY GENERAL TONG ANNOUNCES $4.2 MILLION FALSE CLAIMS SETTLEMENT WITH ORANGE PHYSICIAN
(Hartford, CT) – Attorney General William Tong today announced a $4.2 million joint state and federal settlement with physician Jasdeep Sidana and his businesses DOCS Medical Group, Inc., DOCS Medical Inc., DOCS Urgent Care LLP, Lung Docs of CT, P.C., Epic Family Physicians, LLP and Continuum Medical Group, LLC. Dr. The settlement resolves allegations that Sidana and his businesses submitted false claims for payment to Medicare and the Connecticut Medicaid program for medically unnecessary allergy services, unsupervised allergy services, and services improperly billed as though provided by Sidana. The agreement also resolves allegations that Sidana and DOCS improperly billed for certain office visits associated with COVID-19 tests.
Sidana is a physician who specializes in pulmonology and is the owner and Chief Executive Officer of DOCS, a medical practice with more than 20 facilities throughout Connecticut that offers a variety of services to its patients, including primary and urgent care, allergy testing and treatment, and COVID testing.
Medicare and Connecticut Medicaid pay only for services or items that are medically necessary. Some services also have supervision requirements, and allergy tests and the preparation of allergy immunotherapy must be directly supervised by a physician. Direct supervision requires the supervising physician to be present in the same office suite, and immediately available to render assistance if needed.
In early 2014, DOCS and Sidana started providing allergy testing and treatment services to their patients. The government alleges that between October 1, 2016, and September 30, 2017, DOCS and Sidana submitted false claims to Medicare and Medicaid for immunotherapy services that were not medically necessary, and were not directly supervised by a physician. The allegations also involve claims to Medicare and Medicaid for medically unnecessary annual re-testing of allergy patients between January 1, 2014, and November 11, 2018.
The government also alleges that between January 1, 2014, and January 1, 2019, DOCS and Sidana submitted claims for medical services performed by Sidana on dates of service when he was traveling internationally and did not perform or supervise the services. Instead, the services were actually performed by lower-level providers, who typically receive a lower reimbursement rate from Medicare and Medicaid for such services.
Finally, the government contends that when administering tests for COVID, DOCS and Sidana improperly billed Medicare and Connecticut Medicaid for certain evaluation and management (“E&M”) services, commonly referred to as office visits. The government alleges that between April 1, 2020, and December 31, 2020, on the same dates that patients received COVID-19 tests, DOCS and Sidana submitted claims for moderately complex “level 3” E&M services, when those level 3 office visits were not in fact provided.
In addition to the $4.2 million payment, Dr. Sidana must enter into an “Integrity Agreement” with multiple compliance requirements and conditions, including annual claims reviews by an independent reviewer.
“Dr. Sidana and his wide network of urgent care centers engaged in a long-running scheme to overbill the state and federal government for medically unnecessary treatment, as well as for treatment he and his team never provided. In addition to a $4.2 million penalty, Dr. Sidana and his clinic’s billing will be subject to ongoing oversight and scrutiny to ensure these unacceptable practices never occur again,” said Attorney General Tong.
“I join Attorney General Tong in condemning this affront to patients in Connecticut’s HUSKY Health/Medicaid program and the taxpayers who fund it. The $4.2 million settlement penalty is the result of extensive investigation and legal action by state and federal anti-fraud investigators and attorneys, and we are grateful for their dedication in protecting the integrity of our public health coverage services,” said Department of Social Services Commissioner Deidre S. Gifford.
The federal and state False Claims Act settlement was reached jointly with the U.S. Attorney's Office. The investigation was jointly conducted by the U.S. Department of Health and Human Services (HHS) Office of the Inspector General/Office of Investigations, the U.S. Attorney’s Office and the Office of the Connecticut Attorney General. The investigation followed a referral from the Connecticut Department of Social Services' Office of Quality Assurance. The settlement will reimburse both the federal and state shares of the Medicaid program.
Anyone with knowledge of suspected fraud or abuse in the public healthcare system is asked to contact the Attorney General’s Government Program Fraud Section at 860-808-5040 or by email at ag.f...@ct.gov; the Medicaid Fraud Control Unit at 860-258-5986 or by email at con...@ct.gov; or the Department of Social Services fraud reporting hotline at 1-800-842-2155, online at www.ct.gov/dss/reportingfraud, or by email to provider...@ct.gov.
Forensic Fraud Examiner Thomas J. Martin and Gregory K. O'Connell, Chief of the Government Program Fraud Section, assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, December 19, 2022
ATTORNEY GENERAL TONG ELECTED TO NATIONAL ASSOCIATION OF ATTORNEYS GENERAL LEADERSHIP ROLES
(Hartford, CT) – Attorney General William Tong announced today that he has been selected by his fellow Attorneys General to serve as Eastern Region Chair and Finance Chair of the National Association of Attorneys General.
As Eastern Region Chair, Attorney General Tong will convene attorneys general from Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, Vermont, Puerto Rico, and the Virgin Islands in Connecticut in 2023. Attorney General Tong intends to focus his chairmanship and the agenda of this meeting to improve bipartisan coordination across privacy, antitrust, and healthcare matters.
Under the NAAG Constitution, NAAG President Attorney General David Yost of Ohio, a Republican, is charged with appointing a Chair of the Finance Committee from the Democratic party. Attorney General Yost appointed Attorney General Tong to chair this important committee with fiduciary oversight of significant funds that are managed by NAAG principally to serve and protect consumers across America and to support multistate litigation led by state attorneys general.
Attorney General Tong and the Connecticut Office of the Attorney General play a leading role in many of the most consequential multistate lawsuits, investigations, and negotiations. This includes bipartisan, multistate efforts to hold the addiction industry accountable for their role in the opioid crisis, restoring fair competition and prices in the generic drug industry, holding social media giants accountable for the harms they have caused to youth, stopping robocall scammers, ensuring corporations safeguard our personal information from misuse and respect consumers’ rights regarding the collection and use of their information. Attorney General Tong’s strong record of bipartisan collaboration helps ensure that Connecticut plays a leading role in guiding and shaping the strategy and outcome of these major multistate legal actions.
“The community of state attorneys general is one of the last places in our national politics where bipartisan collaboration thrives. This is a major strategic advantage at the negotiating table that yields powerful results for families across Connecticut and the country. It’s how we’ve been able to secure more than $50 billion from so far from the addiction industry to fight the opioid epidemic, and how we have forced JUUL to pay hundreds of millions of dollars and commit to permanent restrictions on youth marketing and underage sales. It’s how we have achieved significant breakthroughs in anti-robocall technology and enforcement, and the protection of our personal data. At a time when so many other avenues for reform and relief are blocked by partisanship, I take very seriously my leadership role in this diverse and bipartisan community,” said Attorney General Tong.
Additional NAAG officers include:
- President – Dave Yost, Ohio Attorney General
- President-Elect – Ellen F. Rosenblum, Oregon Attorney General
- Vice President – John Formella, New Hampshire Attorney General
- Immediate Past President – Josh Stein, North Carolina Attorney General
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, December 19, 2022
AHEAD OF BUSY TRAVEL SEASON, ATTORNEY GENERAL TONG CALLS FOR STRONGER CONSUMER PROTECTIONS AGAINST AIRLINE ABUSES
(Hartford, CT) -- Attorney General William Tong is leading a bipartisan coalition of attorneys general urging the U.S. Department of Transportation (DOT) to take stronger measures to protect consumers from airline abuses, and to work with state attorneys general to meaningfully address the unacceptable level of airline consumer complaints.
A recent draft rule from DOT proposes several important new protections for airline consumers, yet falls short of the robust protections and enforcement measures required to effectively reduce preventable flight cancellations and delays, compensate consumers for disruptions, and hold airlines accountable for unacceptable service.
The proposed rule would declare it an unfair business practice under DOT’s regulatory authority for airlines to fail to provide appropriate refunds to consumers whose flights are significantly changed or cancelled by carriers. The rule would further require airlines to provide non-expiring travel vouchers or credits to consumers with non-refundable tickets who are unable to travel due to serious communicable disease.
While a significant step in the right direction, Attorney General Tong’s comment letter expresses concerns that the proposed rule does not go far enough to protect consumers. Despite bipartisan urging from attorneys general nationwide, including a letter to Congress from Attorney General Tong and others in September, federal law does not grant attorneys general authority to enforce state and federal consumer protections relating to airline passengers. Federal law currently places that responsibility within DOT, but the agency has failed to keep up with escalating issues and has failed to partner with state attorneys general, who have unique experience and expertise in addressing consumer issues.
Since the pandemic, Attorney General Tong has received over 260 complaints directly against airlines, including many from families who were denied refunds when forced to cancel their travel due to illness or health concerns.
“We are in the midst of the busiest flying times of the year, which means added delays, disruptions, and headaches. Travelers deserve strong protections—and enforcement-- against these unacceptable airline practices. Federal regulators at the U.S. Department of Transportation are ill-equipped to handle the volume of complaints, and rules have not kept up with the kinds of abusive practices passengers are experiencing. DOT’s efforts are a first step in the right direction, but consumers need and deserve stronger action and accountability,” said Attorney General Tong.
Attorney General Tong’s suggested improvements include:
• DOT should require airlines to advertise and sell only flights that they have adequate personnel to support.
• DOT should make clear that it will impose significant fines for cancellations and extended delays that are not weather-related or otherwise unavoidable.
• DOT should require airlines to provide partial refunds to passengers for any cancellation that results in a rescheduled flight which the passenger accepts but that is later, longer, or otherwise less valuable than the originally purchased flight.
• DOT should prohibit airlines from canceling flights while upselling consumers more expensive alternative flights to the same destinations. For example, an airline could cancel a consumer’s $200 flight from City A to City B, then explain to the consumer that he or she could either accept a full refund, as required by FAA rules, or purchase an alternative ticket for $300. Such a circumstance forces consumers to either cancel their travel plans or pay an upcharge–while the airline would receive a windfall profit from any such sale as the result of its cancellation. DOT should prohibit airlines from disadvantaging consumers and benefiting from its flight cancellations in such a way.
• DOT should require that credits and vouchers for future travel that are provided by airlines in the event of cancellation can be used easily without inappropriate limitations.
• DOT should require airlines to provide additional compensation to consumers who, as the result of delays or cancellations, are forced to assume additional costs because they must pay for meals, hotel stays, flights on other airlines, rental car reservations, or gas to eventually make it to their destinations.
Click here to view the letter.
Connecticut, Arizona, Colorado, Iowa, and New York led the letter to USDOT. Joining them are the attorneys general of Alaska, California, Delaware, the District of Columbia, Guam, Hawaii, Idaho, Illinois, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Northern Mariana Islands, Oregon, Pennsylvania, Rhode Island, South Dakota, Vermont, the U.S. Virgin Islands, Washington, Wisconsin, and Wyoming.
Assistant Attorney General Joseph Gasser and Deputy Associate Attorney General Michael Wertheimer assisted the attorney general in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, December 23, 2022
ATTORNEY GENERAL TONG ANNOUNCES ENFORCEMENT ACTION AGAINST LITCHFIELD GAS STATION OVER GAS TAX VIOLATION
(Hartford, CT) – Attorney General William Tong today announced Reeha LLC, owner of a Litchfield-based gas station, has paid $2,400 for failure to lower its prices by 25 cents per gallon on April 1 as required by the gas tax holiday suspension. An investigation by the Office of the Attorney General found that Reeha did not lower its price until April 10.
The gas tax holiday began on April 1 and has been extended through to December 31. During this time, the 25-cent state tax on gasoline is suspended. Between December 31 and May 1, 2023, the tax is scheduled to be phased back in. Beginning on April 1, 2022, the law required that retailers reduce their price per gallon by the amount of the suspended excise tax.
Any gas station suspected of charging the excise tax, or a portion of that tax, during this gas tax holiday will be subject to investigation by the Office of the Attorney General pursuant to the Connecticut Unfair Trade Practices Act. Acting in coordination with the Department of Consumer Protection, the Office of the Attorney General may file suit against retailers found to be in violation of this law and seek appropriate relief, including injunctive terms, restitution, and civil financial penalties designed to deter future unscrupulous sellers.
“The gas tax holiday was enacted—and extended—to give families a break. Reeha failed to lower its price as required by law on April 1, inflating costs for their customers. When businesses take advantage of consumers, I won’t hesitate to enforce the law,” said Attorney General Tong.
The Office of the Attorney General has received 320 complaints regarding gas prices since March, both regarding the gas tax holiday and general gas price gouging complaints. All complaints were reviewed. Of those, the office initiated 12 gas tax related investigations and 93 price gouging investigations. There have been three enforcement actions to date, including Reeha and Bridgeport-based Nunes Auto, regarding gas tax violations. Other investigations remain open and ongoing.
Consumers may file complaints online using the Office of the Attorney General complaint portal: https://www.dir.ct.gov/ag/complaint/
Assistant Attorneys General Joe Gasser and Kim McGee, Paralegal Specialist Casey Rybak and Deputy Associate Attorney General Mike Wertheimer, head of the Consumer Protection Section, assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, January 4, 2023
ATTORNEY GENERAL TONG APPOINTS EILEEN MESKILL AS DEPUTY ATTORNEY GENERAL
(Hartford, CT) – Attorney General William Tong announced today he has appointed Eileen Meskill to serve as Deputy Attorney General, succeeding Margaret Q. Chapple who will retire this month after more than 30 years of service to the Office of the Attorney General, including four as Deputy Attorney General.
“I am very excited to appoint Eileen Meskill as the next Deputy Attorney General. A tested and experienced litigator and leader in the Office of the Attorney General, Eileen comes to these responsibilities as one of the most well-prepared deputies ever to assume the role. There is so much work ahead of us—to ensure access to quality healthcare for all, protect our personal privacy and data, and to keep our kids safe online and from the dangerous effects of social media, among so many other challenges. I know Eileen is the right person to lead us on these critical efforts,” said Attorney General Tong.
“I’m deeply honored and grateful to the Attorney General to be entrusted with this important role. I have worked for the Office for over 25 years and am thrilled to follow in my father’s footsteps of public service and leadership to our State. I am sure if he were here today he would be extremely proud,” said Eileen Meskill.
She is the daughter of Governor Thomas J. Meskill, who also served as a Judge on the United States Court of Appeals for the Second Circuit.
Eileen Meskill will be sworn in by Connecticut Supreme Court Justice Gregory T. D’Auria at 3 p.m. today, January 4 at the Office of the Attorney General.
Eileen Meskill currently serves as the Associate Attorney General and Chief of the Division of Government Administration, overseeing the functions of the Office’s Child Support & Collections, Infrastructure & Economic Development and Special Litigation sections.
She joined the office in 1997 after working as an associate with the firm of Gaffney, Kane, Reynolds & Sullivan. Eileen has deep experience across numerous sections in the office, including Health and Education, Consumer Protection and Infrastructure & Economic Development. She has represented multiple state agencies in complex and high impact cases, trying and arguing cases in the Connecticut Superior Courts, Connecticut Appellate and Supreme Courts, as well as the U.S. District Court, and the Second Circuit Court of Appeals.
Prior to her appointment as Associate Attorney General, she served as Chief of the Infrastructure and Economic Development Section, where she oversaw the representation of many agencies, including, but not limited to the Department of Transportation, Department of Administrative Services, Department of Housing, and the Department of Motor Vehicles. In this role, in addition to supervising the section, she negotiated and mediated large construction claims, reviewed, advised and approved contracts for the agencies, and consulted and advised the Attorney General and Office leadership on transportation specific issues such as condemnations, construction, contracts, procurement law and administrative appeals.
Eileen graduated from Fairfield University with a degree in Economics and from the University of Connecticut School of Law. She is married to her husband, Drew Gallupe, and has two stepchildren. They reside together New Britain.
Attorney General Tong thanked Deputy Attorney General Chapple for her extraordinary service to the state and congratulated her on her well-earned retirement. She briefly retired in 2015, agreeing to return to the Office of the Attorney General to serve as Deputy.
“In an unprecedented and disruptive time, Peggy Chapple has been exactly the right person to serve as Deputy Attorney General. The state would not have persevered through the COVID pandemic as well as we have, and we would not have kept as many people safe and saved as many lives without her steely and committed leadership and devotion to public service. And there is no doubt we would not have accomplished much of what we have accomplished without her. We will miss her, and we are grateful for all that she has given us,” said Attorney General Tong.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, January 5, 2023
ATTORNEY GENERAL TONG STATEMENT ON TRAGIC DEATH OF STATE REP. QUENTIN WILLIAMS
(Hartford, CT) – Attorney General William Tong issued the following statement on the tragic death of State Rep. Quentin Williams.
“I met Q before he became a state legislator when he was an advocate for a local school in Stamford, and I can only think of one word to describe him—hopeful. Q was always brimming with optimism and possibility. He had a spirit that was relentlessly positive and aspirational. We need his light more than ever, and that’s why it is so hard to lose him. I offer my deepest condolences to his wife and his family and the community that he loved and served,” said Attorney General Tong.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, January 5, 2023
ATTORNEY GENERAL TONG URGES PURA TO REJECT AQUARION “EXCESSIVE AND UNWARRANTED” 27 PERCENT RATE HIKE
(Hartford, CT) – In a brief filed today with the Public Utilities Regulatory Authority, Attorney General William Tong urged regulators to reject an “excessive and unwarranted” request by Eversource-owned Aquarion Water Company to raise its rates by 27 percent over three years.
Eversource acquired Aquarion in 2017. This is the first rate case filed by Aquarion since that acquisition, although the company has previously imposed a series of escalating Water Infrastructure and Conservation Adjustment surcharges.
The brief identifies numerous areas to reduce the burden on ratepayers, including a return on equity (ROE) sought by Aquarion that would exceed that of any other regulated utility in Connecticut. The brief urges PURA to reject the use of ratepayer funds for $1.4 million in bonus pay, incentives for the acquisition of smaller unprofitable water systems, and for reimbursements for incomplete infrastructure projects. The brief further identifies several areas where Aquarion has proposed a capital structure that is “uneconomic and burdensome.”
“The Company has failed to meet its burden of showing that such a large rate increase is necessary or appropriate. To the contrary, the evidence in this proceeding clearly shows that Aquarion’s proposed rate increase is excessive and unwarranted,” Attorney General Tong states in the brief. “Connecticut consumers – especially those on fixed or limited incomes – are simply unable to absorb any further increases in their cost of living. These customers need the Authority and all of the participants in this proceeding to work to ensure that the water utility rates approved here will be no more than absolutely necessary.”
Click here to read the full brief.
Assistant Attorneys General John Wright and Lauren Bidra and Consumer Protection Section Chief Michael Wertheimer are assisting the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, January 18, 2023
ATTORNEY GENERAL TONG SUPPORTS EPA FINDING ON LEADED AVIATION GAS
(Hartford, CT) -- Attorney General William Tong today joined a multistate coalition of 12 attorneys general supporting the Environmental Protection Agency (EPA) proposed finding that emissions from the combustion of leaded aviation gasoline (avgas) in piston-engine planes cause or contribute to air pollution that endangers public health and welfare. If finalized, the long-overdue finding will require the EPA to promulgate lead emission standards and regulations for piston-engine planes under the Clean Air Act, and require the Federal Aviation Administration (FAA) to establish aircraft fuel standards that are consistent with the aircraft lead emission standards. In a comment letter, the attorneys general urge EPA to swiftly finalize its proposed finding and commence its rulemaking process to protect the public – especially environmental justice communities situated near airports for piston-engine planes – from exposure to lead air pollution.
“Leaded aviation gas from piston-engine planes is the single worst contributor of airborne lead emissions in the United States. Unleaded fuel options are available, and this public health hazard is entirely preventable. I join with attorneys general from across the country in full support of EPA’s efforts to expedite the transition to safe fuel sources for all aircraft,” said Attorney General Tong.
The negative health impacts of lead exposure are well-documented. Short-term and prolonged lead exposure can cause memory loss, nausea, fatigue, and increase the risk of developing hypertension, heart disease, kidney disease, and infertility. Lead exposure is particularly dangerous for children, whose developing brains and nervous systems are more sensitive to its damaging effects. The impacts of lead exposure in children include behavioral issues, reduced IQ, slowed body growth, and a predisposition to depression, anxiety, or high-risk behavior. There is widespread scientific consensus that there is no safe level of lead exposure for children.
The coalition has a vested interest in protecting their residents from lead emissions from piston-engine airplanes. Leaded avgas is the only remaining lead-containing transportation fuel, and its combustion is the single largest contributor of airborne lead emissions in the United States. Piston-engine planes powered by leaded avgas released more than 930,000 pounds of lead in 2017 and are responsible for nearly three-quarters of total lead emissions nationwide.
General aviation airports that service these planes are often located near densely populated metropolitan areas, communities impacted by environmental hazards and risks, and residential areas near homes and schools.
Much, if not all, of the lead emissions from piston-engine planes could be avoided. In 2014, the FAA launched the Piston Aviation Fuels Initiative (PAFI) to speed up the “deployment of the most promising unleaded replacements,” but despite FAA’s certification of various unleaded fuels, including two recent fuel replacements suitable for nearly all piston-engine planes, these unleaded aviation fuels have not successfully penetrated the market. Less than three percent of U.S. airports that service piston-engine planes sell unleaded alternatives.
In the comment letter, the attorneys general support EPA’s proposed finding and urge the agency to swiftly issue a final endangerment determination and initiate a rulemaking to regulate lead emissions from avgas. In the comment letter, the attorneys general argue:
· States have a vested interest in protecting their residents from the public health harms associated with exposure to lead pollution from piston-engine planes that use leaded avgas;
· Leaded avgas is a significant and preventable source of airborne lead pollution; and
· EPA must swiftly finalize its proposed finding and address the serious public health and environmental justice harms posed by avgas in a rulemaking for aircraft lead emissions.
Attorney General Tong joins the attorneys general of California, the District of Columbia, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Vermont, and Wisconsin in filing the comments.
A copy of the letter can be found here.
Assistant Attorney General Daniel Salton and Matthew Levine, Deputy Associate Attorney General/Chief of the Environment Section are assisting the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, January 19, 2023
ATTORNEY GENERAL TONG JOINS COALITION SUPPORTING NEW YORK CONCEALED CARRY LAW
Coalition Argues Law Does Not Violate Second Amendment
(Hartford, CT) – Attorney General William Tong joined a coalition of 15 attorneys general supporting New York’s concealed carry regulations by asking the U.S. Court of Appeals for the 2nd Circuit to reverse a lower court decision that preliminarily enjoined certain aspects of New York’s Concealed Carry Improvement Act (CCIA). In an amicus brief, the coalition argue that the lower court’s decision was wrong because the enjoined provisions of the CCIA are consistent with Supreme Court precedent and with a long tradition of states enacting similar regulations to meet their responsibility to protect residents from the harmful effects of gun violence.
“Commonsense public safety restrictions are constitutional and necessary. New York’s concealed carry regulations are reasonable measures needed to protect the public from gun violence, and they should be upheld,” said Attorney General Tong.
In the brief, the coalition explain the CCIA requirements that establish concealed carry license requirements and implement restrictions on carrying firearms in certain sensitive places, such as public parks, airports and places of religious worship, are constitutional and effective.
The coalition argues licensing requirements offer a straightforward and effective way to screen out individuals who lack the character, temperament, or judgment necessary to be trusted with a potentially deadly weapon and restrictions on public firearm carriage in sensitive places protect people from the heightened risk of violence in those locations.
Joining Connecticut in the filing the brief are the attorneys general of California, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, the Northern Mariana Islands, Oregon, Rhode Island, Vermont and Washington.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, January 24, 2023
CONNECTICUT JOINS DOJ LAWSUIT AGAINST GOOGLE’S ONLINE ADVERTISING MONOPOLY
(Hartford, CT)—Connecticut has joined a U.S. Department of Justice lawsuit challenging Google’s dominant grip on the online advertising industry which allows the company to dictate how digital ads are sold and the terms under which its rivals can compete, Attorney General William Tong announced today.
The online advertising industry is made up of a complex web of technological tools that website publishers and advertisers use to promote products or services online. The industry is a key driver of the expansion and success of the internet, generating more than $36 billion in revenue annually.
According to the lawsuit filed in federal court in the Eastern District of Virginia, Google has thwarted competition in this business sector over the past 15 years. It has done so, as explained in the complaint, by systematically acquiring control over key ad-tech industry tools, including the largest advertising exchange where digital ads are bought and sold, and imposing restrictions that have unfairly undermined rivals’ ability to compete. Having inserted itself into virtually every aspect of the digital advertising marketplace, Google then leverages its market power to direct more business to its own ad-tech products and undermine the ability of rivals to compete, thereby enabling it to collect higher fees for itself at the expense of both the advertisers and publishers it serves as well as consumers.
The complaint alleges that through its anticompetitive conduct, Google has prevented meaningful competition, quashed innovation in the digital advertising industry, raised costs, and harmed consumers.
“Google has market power over the interlocking technologies that deliver online advertising. It has abused its dominance to manipulate advertisement auctions and exchange markets, to coerce advertisers into using its services, and to inflate its own profits at the expense of American businesses in violation of antitrust laws. Connecticut has joined with the U.S. Department of Justice and this bipartisan coalition of states to restore free and fair competition to this broken market,” said Attorney General Tong.
Today’s ad tech lawsuit is the latest antitrust action against Google’s monopoly power in the tech industry. Attorney General Tong is part of a bipartisan coalition of 38 attorneys general in a lawsuit pending in federal court in Washington, DC alleging that Google illegally exercises monopoly power in online search and search advertising markets. The alleged harm to competition and consumers comes from a broad range of conduct, including limiting the ability of users to access competing general search engines, harming the ability of advertisers to work with Google’s competitors, and artificially constraining online companies that focus on specific commercial sectors, such as travel and local services.
Connecticut is also a part of a multi-state challenge to Google’s monopolization of payments for app purchases on the Android mobile device operating system. That case, pending in federal court in San Francisco, seeks relief for consumers because Google’s monopoly-imposed fee structure for in-app purchases inflates costs for consumers and unfairly hurts app developers.
The search engine antitrust lawsuit Is scheduled for trial later this year in September. The app payments lawsuit is scheduled for trial in November.
In addition to Connecticut, Virginia, California, Colorado, New Jersey, New York, Rhode Island, and Tennessee have also joined the complaint.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, January 30, 2023
ATTORNEY GENERAL TONG JOINS COALITION SUPPORTING NEW YORK LAW BANNING GUNS IN PLACES OF WORSHIP
Coalition Argues That States have Authority to Protect Sensitive Places from Gun Violence
(Hartford, CT) – Attorney General William Tong joined a coalition of 18 attorneys general asking the U.S. Court of Appeals for the 2nd Circuit to reverse a lower court decision that enjoined New York’s prohibition on carrying firearms in places of worship and religious observation. In an amicus brief, Attorney General Tong and the coalition argue that the prohibition is consistent with U.S. Supreme Court precedent and with a long tradition of similar regulations designed to meet the states’ responsibility to protect their residents from the harmful effects of gun violence.
The coalition argues that states have an interest in limiting the possession and use of firearms in locations where people exercise other constitutionally protected rights, where vulnerable populations like children and older adults gather, and where large groups of people meet in confined spaces. Locations like churches, synagogues, and mosques are the heart of many people’s religious exercise. The brief notes that they are also increasingly targets of gun violence, which may dissuade people from attending religious services and otherwise exercising their First Amendment rights.
“Guns do not belong in houses of worship. The U.S. Supreme Court has consistently affirmed the rights of states to prohibit guns in these types of sensitive locations, including most recently in the Bruen decision. New York has every right to adopt such common sense measures to protect residents from gun violence,” said Attorney General Tong.
The brief explains that though the U.S. Supreme Court recently altered the judicial analysis for Second Amendment claims in N.Y. State Rifle & Pistol Association v. Bruen, the court’s decision did not upend the states’ long-standing authority to regulate the carrying of firearms in certain places. The court reaffirmed in that the Second Amendment has never given Americans an unrestricted right to carry loaded firearms in all public places. Instead, states may enact a variety of regulations to combat the problem of gun violence, including solutions tailored to local needs.
The brief was co-lead by Illinois Attorney General Kwame Raoul and Attorney General for the District of Columbia Brian Schwalb. Joining attorneys general Tong, Raoul, and Schwalb in filing the brief are the attorneys general of California, Colorado, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, February 1, 2023
ATTORNEY GENERAL TONG SUBMITS TESTIMONY REGARDING BAN ON FLAVORED TOBACCO
(Hartford, CT) – Attorney General William Tong today submitted testimony concerning House Bill 6488, An Act Concerning Cigarettes, Tobacco Products, Electronic Nicotine Delivery Systems And Vapor Products. In his testimony, Attorney General Tong notes that he fully supports a ban on flavored tobacco, but expresses concern that the legislation as currently written exempts the most widely used flavor—menthol—which must be included in the ban to deter youth addiction.
“Ending the sale of flavored tobacco products, including menthol, will have an enormous impact in reducing the number of people who die or suffer debilitating preventable illness from tobacco use, significantly reducing the number of young people who become addicted to tobacco products, and reversing the youth e-cigarette epidemic. A comprehensive flavor ban that includes menthol will save thousands of Connecticut lives, protect public health, and advance health equity. It should be implemented immediately,” Attorney General Tong states in his testimony.
Click here to view the full testimony.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, February 2, 2023
ATTORNEY GENERAL TONG, SECRETARY OF THE STATE THOMAS WARN AGAINST NEW GOVERNMENT IMPOSTER SCAM TARGETING CONNECTICUT BUSINESSES
(Hartford, CT) – Attorney General William Tong and Secretary of the State Stephanie Thomas today warned businesses to avoid a new potential government imposter scam targeting Connecticut businesses. In this latest scheme, a company called C F Division Services, LLC, also known as CT UCC Statement Service, attempts to get businesses to pay $90 for a copy of a Uniform Commercial Code report. While the solicitation is designed to look like a government notice, this company has no affiliation with the State of Connecticut. In fact, UCC reports may be filed and accessed for free via the Secretary of the State’s website.
A UCC financing statement is a form documenting that a creditor, such as a bank, has a lien on a borrower’s personal property. These forms are filed with the Secretary of the State and provide proof of the assets subject to the lien to other creditors.
Attorney General Tong today sent a letter to C F Division Services demanding information about the company and the businesses it targeted. Click here for that letter.
While the company notes in small print that they are “not affiliated with any state or government agency” and that businesses are not required to use their services, such a disclaimer may not be sufficient. “While the Solicitation does purport to include a disclaimer, the relevant language is not set forth in a clear and conspicuous manner, giving rise to our concern that consumers may be deceived into purchasing the Company’s services,” the letter warns.
“This company has zero affiliation with the State of Connecticut, and their costly services are entirely unnecessary. If you receive this solicitation, do not respond. If you have paid any money to this business, please file a report with my office. We are investigating this company and will not hesitate to use the full extent of our authority to protect businesses and consumers from deceptive practices,” said Attorney General Tong.
“Every business filing with the Secretary of the State of Connecticut can be done easily and directly with our office, not through costly middlemen attempting to take advantage of you and your business through deceptive mailings,” said Secretary Thomas. “If a business is unsure of the origin or trustworthiness of a filing request, they should visit business.ct.gov and file online with our office directly. Reminders from the state will always come from ct.gov.”
Government imposter scams can take many forms and can target individuals and businesses alike. Scammers may mail solicitations or send emails to businesses to “advise” them that they must purchase certain products or forms, or file particular reports in order to be in compliance with the law. The scammers then offer to assist businesses with satisfying these requirements in exchange for a fee.
Scammers are careful to design their mailings to resemble official government documents by incorporating elements such as seals, bar codes, and references to statutes and regulations. The mailings may include terms such as “IMPORTANT,” “OPEN IMMEDIATELY,” or “TIME SENSITIVE” to create a false sense of urgency. Businesses which fall prey to these tactics end up paying significant fees for services they either do not need, or could take care of themselves for much less money.
To report a scam or instance of fraud, contact the Office of the Attorney General at 860-808-5318 or file a complaint with the office at https://www.dir.ct.gov/ag/complaint
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, February 1, 2023
ATTORNEY GENERAL TONG ANNOUNCES $384K SETTLEMENT WITH COMMUNITY MENTAL HEALTH AFFILIATES OVER MEDICAID OVERBILLING
(Hartford, CT) – Attorney General William Tong and United States Attorney Vanessa Roberts Avery today announced that Community Mental Health Affiliates, Inc. (“CMHA”), has entered into a civil settlement agreement with the federal and state governments in which it will pay $384,322 to resolve allegations it overbilled the Connecticut Medicaid program for certain behavioral health services.
“This settlement resolves allegations that CMHA billed the Connecticut Medicaid program for behavioral health services for disabled group home residents that it did not fully document. Acting in conjunction with our federal law enforcement partners, today’s settlement ensures public healthcare dollars are used appropriately to support patients’ needs,” said Attorney General Tong.
“This civil settlement underscores the fact that health care providers must adhere to the highest standards of service provision and billing in our publicly-funded Medicaid program. While the great majority of enrolled providers fulfill these responsibilities, it is also clear that safeguarding the program’s integrity must remain a high priority. I join Attorney General Tong in thanking our state and federal partners and, in this case, a whistleblower who filed the original complaint,” said Commissioner-designate Andrea Barton Reeves of the Department of Social Services, administering agency for Medicaid in Connecticut.
CMHA is a behavioral health provider with a headquarters in New Britain and has 10 locations in northwestern and central Connecticut. At one of its locations, Harvest House in New Britain, CMHA runs a group home for clients with serious and persistent mental illness.
CMHA provides Medicaid Rehabilitation Option (MRO) services to its clients residing at Harvest House. MRO services are designed to help clients who have functional disabilities secondary to serious and persistent mental illness achieve maximum functioning in self-care and independent living. In order to receive monthly MRO payments, a behavioral health provider, such as CMHA, must furnish clients with at least 40 hours of MRO services per month and document such services in accordance with Medicaid requirements.
The government alleges that CMHA submitted claims for MRO services to Connecticut Medicaid for certain clients for certain months at Harvest House and were paid the monthly fee for those services, but failed to document at least 40 hours of covered MRO services per month for the clients in question.
To resolve the governments’ common law claims, CMHA agreed to pay $384,322, which covers the time-period from January 2015 through December 2019.
The investigation of CMHA was initiated through the filing of a complaint under the whistleblower provisions of the federal and state False Claims Acts. The relator (whistleblower) will receive 15 percent of the settlement, in the amount of $57,648.
The case related to this settlement is captioned United States and State of Connecticut ex rel. Lugli v. Community Mental Health Affiliates, Inc. (Docket No. 20-cv-1483).
Assistant Attorney General Rick Porter and Forensic Fraud Examiner Tom Martin, under the supervision of Gregory K. O'Connell, Chief of the Government Program Fraud Section, assisted the Attorney General in this matter.
Anyone with knowledge of suspected fraud or abuse in the public healthcare system is asked to contact the Attorney General’s Government Program Fraud Section at 860-808-5040 or by email at ag.f...@ct.gov; or the Department of Social Services fraud reporting hotline at 1-800-842-2155, online at www.ct.gov/dss/reportingfraud, or by email to provider...@ct.gov.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, February 9, 2023
ATTORNEY GENERAL TONG ANNOUNCES CRACKDOWN ON ILLEGAL SALE OF DELTA-8 THC
(Hartford, CT) – Attorney General William Tong today sued five Connecticut retailers for alleged violations of the Connecticut Unfair Trade Practices Act over the sale of illegal delta-8 THC products mimicking popular youth-oriented snacks and candies.
Attorney General Tong is additionally in the process of sending warning letters to all Connecticut licensed retailers of electronic vaping products.
The letters advise that sale of delta-8 THC by unlicensed retailers may be illegal in Connecticut. Products that exceed .3 percent THC on a dry weight are considered cannabis products and may only be sold in the regulated market. Cannabis products sold outside of the regulated market continue to be illegal and may subject sellers to civil and criminal penalties.
“If you offer delta-8 THC products for sale in your establishment that exceed .3 percent THC on a dry weight basis and you do not hold such a license, you are in violation of Connecticut law. For your information, we have included below photographs of products that were recently purchased from retailers in Connecticut that purport to contain delta-8 THC. The sale of such products may expose you to criminal and civil liability. Please remove any such products from your shelves and dispose of them immediately,” the letters state.
“Cannabis products in Connecticut cannot be sold by unlicensed retailers and must meet rigorous testing and packaging requirements. Period. Any unlicensed Connecticut retailer selling delta-8 THC products that purport to contain high levels of THC is breaking the law and may be subject to both criminal and civil penalties. Lest there be any confusion, we are sending letters to thousands of vape shops who might sell these products in Connecticut outlining the laws and demanding that they remove any illegal products from their shelves immediately,” said Attorney General Tong. “Our undercover investigation revealed widespread sale of untested, unregulated, delta-8 edibles mimicking popular youth snacks. The five retailers we are suing today offered some of the most egregious look-alike edibles posing the worst risks for accidental youth poisoning. None of these edibles are tested or approved for sale in Connecticut, and packaging statements regarding THC content and safe serving sizes are not to be trusted. If you see delta-8 THC offered outside any licensed cannabis retailer, do not purchase it, and report it to my office immediately.”
Complaints may be filed online here: https://www.dir.ct.gov/ag/complaint/
“For adults 21 years and older who choose to consume cannabis, there are many benefits to shopping in the regulated market,” said DCP Commissioner Michelle H. Seagull. “Products sold by licensed retailers are required to meet rigorous testing, packaging and labeling requirements to ensure consumers know what they are receiving and that they are getting exactly what they pay for. Unregulated products often are untested, come from unverified sources and can be easily mistaken for products that don’t contain cannabis, which can lead to accidental ingestion by adults and children who may not realize what they are consuming.”
Today’s action follows a series of unannounced visits by the Office of the Attorney General in late December to vape shops and gas stations. Illegal delta-8 products were found for sale at every vape shop visited, as well as one of the gas stations. In many instances, the products found mimicked popular youth-oriented snack foods, including Fritos, Skittles, Airheads, and more. These look-alike products are untested and illegal anywhere in Connecticut, including at licensed cannabis retailers.
Below are examples of illegal cannabis products purchased by the Office of the Attorney General as part of this investigation.
None of these illegal products are subject to the stringent testing requirements of cannabis sold in the regulated marketplace, and do not contain appropriate warnings regarding potential health risks.
Delta-8 THC is a naturally occurring chemical compound found in hemp and marijuana plants. In Connecticut, any product exceeding 0.3 percent THC is considered cannabis and is regulated under the Responsible and Equitable Regulation of Adult-Use Cannabis Act. Businesses without a cannabis license may not sell delta-8 THC that exceed .3 percent THC. Products containing cannabis must comply with stringent testing requirements, contain appropriate warnings, and may not be packaged in a way that appeals to youth or mimics existing non-cannabis products.
Illegal look-alike cannabis products pose a unique health threat to children, who may unknowingly ingest high doses of potent psychoactive chemicals. The safe serving size of these cannabis look-alike products is small. Children who accidentally eat an entire snack-sized bag of “chips” or “candy” may be exposed to more than 100 times the maximum adult serving.
According to the Connecticut Poison Control Center, one in five children nationally who eat edibles accidentally are admitted to the hospital. Between 2000 and 2022, the Connecticut Poison Control Center reported 189 cases of ingestion in children under age 19. The majority of those cases resulted in an emergency department visit, and about one-third resulted in the child being admitted to the hospital.
The following businesses were subject to today’s enforcement action:
• AZ Smoke Shop and Wireless, 695 Main Street, Manchester
• Reheem Mini Mart, 352 Main Street, Manchester
• Smokers Paradise, 320 Main Street, East Hartford
• 7 Puff, 700 Burnside Avenue, Enfield
• Anthony’s Service Station, 136 East Main Street, Plainville
Each of these businesses were found selling youth-oriented look-alike products.
Legal investigator Caylee Ribeiro, Assistant Attorney General Jon Blake, and Deputy Associate Attorney General Mike Wertheimer, Chief of the Consumer Protection Section, are assisting the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, February 10, 2023
ATTORNEY GENERAL TONG JOINS MULTISTATE COALITION TO DEFEND AND PROTECT ACCESS TO MEDICATION ABORTION
Coalition Argues that Revoking FDA Approval of Medication Abortion Would Endanger Lives Nationwide
(Hartford, CT) -- Attorney General William Tong today joined a multistate coalition defending and protecting safe access to medication abortion nationwide. In an amicus brief filed in Alliance of Hippocratic Medicine v. U.S. Food and Drug Administration (FDA), a case pending in the U.S. District Court for the Northern District of Texas, the coalition of 22 attorneys general ask the court to reject a challenge brought by anti-abortion groups seeking to revoke the FDA’s approval of the medication abortion drug, mifepristone. The brief warns that withdrawing federal approval for mifepristone would drastically reduce access to safe abortion care and miscarriage management for millions of people across the country, including in Connecticut. A ban on mifepristone would affect states where abortion is legal. The coalition is urging the court to reject this baseless attempt to undermine the FDA’s authority, upend decades of medical practice, and trample the rule of law.
“Mifepristone has been safely used for medication abortion for more than two decades. This lawsuit is one more radical effort to reject science and inject partisan politics into the doctor-patient relationship. The ban this group is seeking would impact every state—including Connecticut—and would force women who choose to end their pregnancies into unnecessary surgical procedures. This reckless challenge has zero basis in science or the law and must be rejected,” said Attorney General Tong.
“The consequences of this case could go as far as taking mifepristone entirely off the market nationwide — which would significantly compromise abortion access even in states like Connecticut where abortion rights are protected. Mifepristone is safe, effective, and has been used by more than five million people since the FDA approved it more than 20 years ago. This case has nothing to do with patient safety and everything to do with anti-abortion rights activists and politicians who are actively working to dismantle sexual and reproductive health care across the country. We are grateful for Attorney General Tong and the attorneys general from 21 other states and the District of Columbia who are standing up to these dangerous attempts to overrule established medical science and further erode our rights to make our own private medical decisions,” stated Gretchen Raffa, Vice President of Public Policy, Advocacy, and Organizing at Planned Parenthood of Southern New England.
"Anti-abortion extremists and politicians will not stop at overturning Roe as they continue their inflammatory and politically motivated campaign to ban abortion nationwide, including attempts to undermine the FDA’s approval of mifepristone. Let’s be clear-- mifepristone, one of two medications most commonly used in medication abortion, has a 20 year track record as a safe, effective, FDA approved option for ending an early pregnancy and miscarriage management. Everyone should have the ability to make decisions about their own reproductive lives and futures, including choosing the method of abortion that works best for their circumstances. We are grateful for the leadership of Attorney General William Tong as we continue our fight to ensure abortion and pregnancy-related care is affordable, available, and readily accessible to anyone who needs it,” said Liz Gustafson, State Director, Pro-Choice Connecticut.
In 2000, the FDA approved mifepristone as a single-dose oral medication used for early-term abortions. Since its approval, mifepristone has been safely used by approximately five million persons to terminate a pregnancy and is used in more than half of all abortions today. Decades of clinical research and studies have confirmed mifepristone’s safety and efficacy.
If the district court orders the FDA to withdraw or suspend approval for mifepristone, the medication would be removed from the market nationwide. In their brief, the coalition argues that requiring the FDA to withdraw or suspend its approval of mifepristone, despite the overwhelming clinical data demonstrating its safety and efficacy, risks undermining the integrity of the FDA-approval process for other drugs.
The availability of the abortion pill has been particularly critical in providing access to abortion in low-income, underserved, and rural communities. The coalition also asserts that revoking the FDA approval of mifepristone would force millions to seek more invasive and expensive procedural abortion, which would disproportionately harm vulnerable, low-income, and underserved communities. Without access to mifepristone, demand for procedural abortions would significantly increase, leading to overburdened clinics, longer wait times, later and more risky procedures, and more complicated and costly logistics for many patients, especially those in low-income and rural communities. According to 2020 data, 89 percent of U.S. counties have no abortion clinic, and 38 percent of women of reproductive age reside in counties with no clinics. Moreover, lack of access to safe abortion care leads to worsened health outcomes and higher mortality, especially for Black women.
Today’s amicus brief was filed by the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, Wisconsin, and Washington D.C.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, February 16, 2023
ATTORNEY GENERAL TONG STATEMENT ON FIRST DAY OF UNITED ILLUMINATING RATE HEARING
(Hartford, CT) – Attorney General William Tong released the following statement today regarding the start of Public Utilities Regulatory Authority hearings to review the request by United Illuminating to raise rates by as much as 8 percent over three years. In the first rate year alone United Illuminating is requesting an increase in revenues of $102.1 million, followed by an additional $17.2 million in the second year, and yet another $17.2 million in the third year. New rates would take effect after September 2023.
“Energy costs right now are astronomical and Connecticut families cannot afford yet another increase. Utility executives and shareholders—including at United Illuminating—are enjoying huge profits while families and small businesses struggle to pay their bills. We cannot continue like this. I have intervened in this proceeding and my office will fight for ratepayers at every step. United Illuminating needs to prove that every single dollar they are requesting is absolutely necessary. I can tell you one thing now—there is no way we are letting them get away with an 8 percent increase,” Attorney General Tong.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, February 20, 2023
ATTORNEY GENERAL TONG LAUNCHES INQUIRY INTO SUN COMMUNITIES OVER BEECHWOOD COMMUNITY CONCERNS, SUBMITS TESTIMONY IN SUPPORT OF MOBILE MANUFACTURED HOME PARK RESIDENTS
(Hartford, CT) – Attorney General William Tong today sent a letter to Sun Community management opening an inquiry into longstanding property management concerns at Beechwood Community mobile manufactured home park in Killingworth. Attorney General Tong additionally submitted testimony regarding two legislative proposals seeking to ensure mobile home parks in Connecticut remain both affordable and well-managed.
Over the past year, the Office of the Attorney General has received numerous complaints from Beechwood Community residents in Killingworth who have seen sustained, escalating rent hikes despite deteriorating conditions. Beechwood residents, like many residents of mobile manufactured home parks, own their homes but pay monthly rent for the lot of land they sit on. That rent covers various common amenities, including property maintenance.
Beechwood was acquired by Sun Communities in 2019, one of several real estate investment trusts that have acquired hundreds of mobile home parks across the country. The result has been increased lot rent and decreased responsiveness to tenant needs, according to residents.
“Residents everywhere—regardless of the type of property—deserve affordable, safe, appropriately maintained housing. I fully support the Housing Committee in their efforts to ensure Connecticut’s mobile home communities remain an affordable option,” Attorney General Tong states in his testimony.
Attorney General Tong visited Beechwood in November to meet with residents. He heard complaints from dozens of residents regarding community-wide septic problems, among other concerns. Beechwood tenants reported that Sun has not kept up with regular septic tank maintenance, and as a result tenants are experiencing sewage back-ups into their sinks, toilets, and bathtubs. Many of these tenants are elderly and disabled. Some have paid out of pocket to have plumbers address problems resulting from these septic backups. One disabled resident complained of a large beehive in front of her porch. The management company said they did not have money in their budget to remove it. The tenant paid herself to get it removed. Another tenant complained that her stairs lacked rails and were loose. She reported that maintenance agreed they were dangerous, but management has yet to fix them.
In a letter to Sun Communities Regional Vice President Kathy Ecke, the Office of the Attorney General cites state statutes regulating the duties of mobile home park management, including maintenance of common areas in a “clean and safe condition” and the maintenance of water and sewer lines in “good working order.” The letter lists ten properties where residents have complained of septic-related problems and asks Sun for records of all complaints regarding those properties as well as records of septic tank maintenance. The letter further asks Sun to describe how the company is meeting its obligations to its residents under state law.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, February 21, 2023
ATTORNEY GENERAL TONG, LEGISLATORS ANNOUNCE BIPARTISAN BILL TO STRENGTHEN CONNECTICUT’S ANTI-ROBOCALL LAWS
(Hartford, CT) – Attorney General William Tong and a bipartisan coalition of legislators today announced new proposed legislation to strengthen Connecticut’s ability to fight obnoxious and intrusive robocalls. The legislation would modernize the state’s anti-robocall statutes to match new tactics and technology used to inundate Connecticut households with relentless, unwanted calls.
Connecticut’s robocall statutes have not been updated since 2015. Some portions have not been updated since they were first enacted in 1996. Our laws have failed to keep up with current tactics used by scammers. Specifically, the proposal expands the statutes to cover text messages, bans “gateway” voice over internet protocol (VoIP) providers from facilitating overseas scammers’ access to the U.S. telecom networks, allows for enforcement action against calls received by Connecticut area codes regardless of where the calls originate, bars telemarketers from contacting Connecticut residents before 9 a.m. and after 8 p.m., strengthens disclosures that telemarketers must make, and clarifies protections provided by the Do Not Call List.
“Americans lose billions of dollars each year to robocall scams. Our laws have failed to keep pace with the tactics and technology these scammers use. Our bipartisan proposal brings Connecticut’s robocall laws into the modern era. It’s not just phone calls anymore-- we need to crack down on fraudulent text messages too. And we need to take on the gateway providers that get rich off patching overseas scammers into our American networks. With strong, modern laws we can shut down this telecom fraud highway and bring scammers to justice,” said Attorney General Tong.
“In addition to being just downright annoying, robocalls and telemarketing – especially those originating overseas – are a hotbed of consumer fraud.” Rep. Mike D’Agostino said. “Our continued collaborative work with Attorney General Tong, and his office, will strengthen our enforcement and consumer protection safeguards, so we can do more to prevent these activities.”
“Eliminating robocalls is one of the many important measures we can take to ensure protection for Connecticut’s consumers. Fraudulent companies are popping up every day and consistently targeting those who they know will likely fall victims to their schemes. More than just intrusive and annoying, for our most vulnerable residents robocalls have caused significant financial losses. I thank Attorney General Tong for not only working to stop these predatory companies and assist their victims, but for looking for a long-term solution to protect our residents,” said Rep. Jeff Currey.
"I have worked diligently to protect Connecticut online data privacy and now I am committed to overseeing legislation that works to protect you when answering a phone call. Thank you to Attorney General William Tong for his efforts in providing preventative measures when it comes to consistent robocalls," said Sen. James Maroney. "I, like many Connecticut residents, frequently receive calls from ‘Spam Risk’. I will join AG Tong in the fight to protect the privacy and solitude for all Connecticut residents.”
State Rep. David Rutigliano said, “I am pleased to join the Attorney General as his office focuses on this most important topic to my constituents, these calls and deceptive tactics are not just a nuisance, they are potential fraud.”
“As the ranking member of the General Law Committee, my top priority is to deliver effective solutions for my constituents, particularly senior citizens, who are increasingly plagued by intrusive and predatory robo-calls. These calls are often used by dishonest actors to deceive even the most discerning individuals,” said State Sen. Paul Cicarella. “Not only are these calls unwanted, but they are also misleading—they often appear to originate from local sources when they are actually coming from thousands of miles away. We must take a stand against these malicious practices and work to prevent people from being exploited through their phones, which are our primary connection to the world around us.”
“In 2020, 9 in 10 American adults encountered a fraud attempt and according to the Federal Trade Commission, the phone remains the most successful way to target a scam. Scammers have latched on to robocall technology to bilk consumers. Our consumer protections need to line up with ever changing technology and cover all forms of person to person communications,” said Nora Duncan, State Director for AARP Connecticut.
In 2022 alone, Connecticut consumers received approximately 471 million robocalls. Of those, 26 percent were scams. These calls predominantly originate overseas using automated dialing systems, chat bots, and prerecorded calls. VoIP gateway providers play a big role in facilitating these scams by enabling these foreign calls into the U.S. telephone network. Without these willing gateway providers, these scam calls could not get through. This legislation seeks to hold those gateway providers accountable by extending liability to those who provide substantial support or assistance to those engaging in the fraud.
Connecticut is among 16 states leading the nationwide Anti-Robocall Litigation Task Force. In its first action last summer, the task force issued 20 civil investigative demands seeking information from 20 gateway providers and other entities allegedly responsible for a majority of foreign robocall traffic into our country. That investigation is active and ongoing. Those civil investigative demands were filed in an Indiana state court under state laws there. The proposed legislation would bring Connecticut’s statutes in line with other states and strengthen Connecticut’s ability to pursue independent actions against bad actors facilitating intrusive scam calls in our state.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, February 21, 2023
ATTORNEY GENERAL TONG SEEKS BANKING REFORMS IN AFTERMATH OF M&T CONVERSION
(Hartford, CT) – Attorney General William Tong today sought new investigative authority over bank consumer financial protection failures following the fraught merger between People’s United and M&T banks. To date, the Office of the Attorney General has received over 400 complaints regarding the merger, including alarming reports of money disappearing from accounts, loss of access to online banking, and refusal to accommodate those with pre-existing power of attorney.
“Five months after the conversion, my office continues to receive complaints from individuals who cannot manage a loved-one’s money despite having the legal authority to do so under a power of attorney, because M&T curtailed their account access. When my office brought this systemic issue to M&T’s attention, they refused to address the problem broadly, opting instead to wait for customers to complain and resolve the complaints on a case-by-case basis,” Attorney General Tong states in his testimony. “Other common complaints include a sudden loss of access to online banking and debit accounts; inability to make payments or obtain records on loans transferred from People’s United to M&T; and defaulting checking customers into M&T checking account products requiring the highest minimum balance, with highest fees.”
“Several consumers reported that their automatic payments were processed as planned in the month following the conversion, but in October, M&T shifted their payment dates to the end of the month without notice, causing numerous customers to pay their bills late. These customers also reported difficulty when they tried to rectify the errors with M&T.
“Some of most common and perhaps most disturbing complaints are related to unauthorized deposits and withdrawals. Consumers complained to my office that paychecks were not deposited despite their employer transferring the money to them. Others reported that large sums of money disappeared from their accounts without explanation and they had to fight with M&T to get their own money returned,” Attorney General Tong states in his testimony.
The bill seeks new investigative authority under the federal Consumer Financial Protection Act of 2010 (CFPA), also known as title X of the Dodd-Frank Wall Street Reform Act. The bill would empower the Office of the Attorney General to enforce critical provisions of the CFPA to protect consumers, including authorizing the Attorney General to conduct investigations of alleged deceptive and anti-consumer practices. Federal authorities and other state attorneys general have used this authority to investigate and bring civil enforcement actions to hold accountable payday lenders, debt collectors, cash advance companies, for-profit colleges, tribal lending entities, and purported law firms operating mortgage relief schemes. The bill would give the Office of the Attorney General the investigatory tools necessary to enforce CFPA protections against banks chartered in other states, including M&T.
“The frustration so many elected officials heard from our constituents following the takeover of People’s United Bank by M&T Bank last fall provides a clear illustration of the regulatory gap this proposal seeks to fill,” Attorney General Tong states in his testimony.
Click here for the full testimony.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, February 23, 2023
ATTORNEY GENERAL TONG ANNOUNCES INVESTIGATION INTO STONE ACADEMY
(Hartford, CT) – Attorney General William Tong today announced an investigation into potential violations of the Connecticut Unfair Trade Practices Act by Stone Academy after the nursing school abruptly closed its doors leaving students’ educational plans in limbo.
The for-profit nursing school announced that it would be closing its campuses in East Hartford, Waterbury and West Haven on February 15 following serious concerns regarding National Council Licensure Examination Rates, faculty qualifications, and clinical training. Since then, the Office of the Attorney General has received over 100 complaints from students and faculty. The Office of the Attorney General has been working closely with the Office of Higher Education, Department of Public Health and the U.S. Department of Education to assist students in obtaining transcripts, tuition refunds, loan discharges, adjustments to veteran’s benefits, as well as providing support for students attempting to continue their education at other schools.
Attorney General Tong today sent a civil investigative demand to Stone Academy demanding detailed information and records regarding the education provided to and tuition collected from each student, the schools’ marketing practices, faculty qualifications, revenues, and accreditation materials, as well as all complaints received by the school. The demand also seeks information regarding how and when the school decided to close and how that decision was communicated to students. The demand further seeks detailed information as to how the school intends to reimburse students for tuition and costs, how it intends to assist students in continuing their education, and how it intends to inform students of their rights and options following the school closure.
Stone is required to respond to the demand by March 10. Click here for a copy of the civil investigative demand.
“Students paid thousands of dollars in tuition and worked extremely hard—some over many months and years—to fulfill their dreams of becoming nurses. Stone failed them. Stone’s pass rate was unacceptably low. Some of their faculty were not legally qualified to teach. Students wasted hours in invalid clinical training. The school was simply not preparing its students to become successful nurses. We’re going to find out exactly what Stone promised these students and how things went so wrong. If we find any violations of the law, we won’t hesitate to hold Stone’s leaders accountable,” said Attorney General Tong.
“The Office of Higher Education has been and will continue to work closely with the Attorney General’s office to process the closure of Stone Academy,” said Timothy Larson, Executive Director of the Office of Higher Education. “Our office is currently processing all active Stone Academy student files so that we can turn them over to an independent auditor for verification. We appreciate that students are anxious to know their status so that they can determine next steps but rushing this process will not be in anyone’s best interest. For those who have called or emailed, we’re working our way through a large volume of messages to get back to you.”
The Office of higher Education has sent a registration link to Stone students for an information fair scheduled for next week. Registration is required. Click here for the registration form. Other career schools, the community college system, the National Guard and the state and federal Departments of Education will be in attendance to provide displaced students with important information on transferring schools, loan discharge, tuition refunds and more.
If you are a Stone Academy student in need of assistance, or a Stone Academy employee with information relevant to this investigation, please file a complaint via the Office of the Attorney General’s online portal.
Students may also wish to contact the Office of Higher Education for assistance and guidance regarding their educational options via 860-947-1816 or ohe...@ct.gov.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, February 24, 2023
ATTORNEY GENERAL TONG SUES FDA OVER UNLAWFUL, UNNECESSARY RESTRICTIONS ON MEDICATION ABORTION DRUG
Lawsuit accuses the FDA of ignoring more than a quarter century of science showing that mifepristone is extremely safe
(Hartford, CT) -- Attorney General William Tong today joined a multistate federal lawsuit against the U.S. Food & Drug Administration (FDA) accusing it of singling out one of the two drugs used for medication abortions for excessively burdensome regulation, despite ample evidence that the drug is safer than Tylenol.
The attorneys general also filed a preliminary injunction asking the court to halt the enforcement of the FDA’s restrictions on mifepristone while the case continues.
“Mifepristone is safer than Tylenol. Despite that, the FDA imposes needless restrictions reserved for some of the highest risk drugs, including fentanyl. Some of these restrictions involve unnecessary data collection and certifications that can frighten patients and prescribers concerned about privacy and safety. Our suit seeks to block these unnecessary and unlawful restrictions and to ensure that regulation of medication abortion is based strictly on science and safety,” said Attorney General Tong.
Of the more than 20,000 drugs approved by the FDA, only 60 — including mifepristone — fall under a unique set of restrictions known as Risk Evaluation & Mitigation Strategies, or REMS. REMS restrictions are supposed to apply to inherently dangerous drugs, including opioids like fentanyl, and high-dose sedatives used by psychiatric patients, among others.
The FDA-approved regimen for medication abortion involves a dose of mifepristone, followed by a second drug, misoprostol. To prescribe mifepristone, health care providers must be specially certified by the drug distributor in advance. To receive the prescription, patients and providers must sign an agreement that certifies the patient has decided to take the drugs to end their pregnancy — regardless of whether they are seeking an abortion or are being treated for a miscarriage, which is another common use for mifepristone. A copy of this agreement must be included in the patient’s medical records. To dispense mifepristone, pharmacies must also be specially certified before they can fill a prescription.
The lawsuit asserts the restrictions on prescribing and dispensing mifepristone are unduly burdensome, harmful and unnecessary, and expose providers and patients to unnecessary privacy and safety risks. The risks are exacerbated by the growing criminalization and penalization of abortion around the country in the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health. The Dobbs case overturned nearly a half-century of precedent, stripping away the constitutional right to abortion recognized by the court’s Roe v. Wade decision.
Disclosure of a provider’s or pharmacy’s certification to prescribe mifepristone, or a patient’s agreement to receive it, all required by the FDA, could expose them to violence, harassment or abuse. This documentation may also be used to threaten providers or patients with legal liability in states with extreme anti-abortion laws.
The FDA approved mifepristone for use in the United States in combination with misoprostol for medication abortions in 2000. Before its approval in the U.S., mifepristone was widely used in Europe, beginning in France in the late 1980s. Since its FDA approval, mifepristone has been safely used more than 5 million times in the U.S.
The FDA itself has acknowledged that “serious complications have proven to be extremely rare” with mifepristone. In the lawsuit, the attorneys general note that mifepristone is associated with fewer serious side effects and deaths than common drugs like Tylenol or Viagra — neither of which are regulated under REMS restrictions.
According to the FDA, not one single death can be attributed to mifepristone during its entire history of use in the United States.
Despite mifepristone’s extremely strong safety record, the FDA has repeatedly declined to remove the REMS restrictions on the medication. The FDA’s restrictions on mifepristone create unnecessary risk for medical providers, patients and people who travel to other states to receive abortion care.
While safeguards exist to protect the privacy of medical records, the patient agreement documentation required by the FDA creates an added risk for patients who travel for medical treatment from states where their abortion is illegal. The documentation of their abortion remains in their medical records, and can be viewed by providers in their home state.
Abortion providers have also been targets for hackers seeking to steal information about both patients and providers. In 2021, for example, hackers accessed data roughly 400,000 patients from Planned Parenthood Los Angeles.
The FDA’s strict requirements also hamper access to safe reproductive care. The certification requirement for providers and pharmacists opens them up to potential liability if they serve patients from other states that have restrictive abortion laws, even if the provider is in full compliance with their state’s laws. And the administrative burdens associated with becoming specially certified deter health care providers and pharmacists from signing up to prescribe and dispense mifepristone in the first place.
In addition, health care providers who may move to other states in the future to practice might think twice about completing a certification to prescribe mifepristone, as it may expose them to liability or professional consequences in the future.
Today’s lawsuit asserts that the FDA exceeded its authority by continuing its unnecessary and extremely burdensome restrictions on mifepristone. The lawsuit also asserts that the FDA’s actions violate the constitutional principle of equal protection.
The lawsuit asks the court to find the FDA’s REMS restrictions unlawful and to bar the federal agency from enforcing or applying them to mifepristone. It also seeks to ensure that mifepristone remains accessible, as a safe and effective drug that Americans commonly rely on.
The lawsuit, led by Washington Attorney General Bob Ferguson and Oregon Attorney General Ellen Rosenblum, was filed in U.S. District Court for the Eastern District of Washington and was joined by Nevada, Delaware, Arizona, Illinois, Colorado, Vermont, New Mexico, Michigan and Rhode Island.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, March 6, 2023
ATTORNEY GENERAL TONG SEEKS EXPANDED FRAUD-FIGHTING AUTHORITY
(Hartford, CT) – Attorney General William Tong announced today he is seeking expanded authority to fight fraud and abuse across Connecticut state government.
In 2009, Gov. M. Jodi Rell signed into law Connecticut’s False Claims Act, giving the Office of the Attorney General authority to investigate and civilly prosecute fraud and abuse of taxpayer funds. Since then, the Office of the Attorney General, in conjunction with federal and state law enforcement partners, has recovered over $181 million in misspent public dollars. But Connecticut’s law is exceptionally weak—it applies only to spending in State-administered health or human services programs. Connecticut’s law is far more limited than any one of our bordering states.
Legislation proposed by Attorney General Tong seeks to expand the scope of Connecticut’s False Claims Act by removing provisions that limit application of these statutes to State-administered health or human services programs. More than one hundred different agencies, offices, and quasi-public agencies spend tax dollars on behalf of the government of the State of Connecticut. The current Connecticut False Claims Act covers programs at just nine agencies. The legislation would allow the Office of the Attorney General to pursue fraud and abuse of tax dollars anywhere in State government, while also protecting and encouraging those who step forward to report fraud and abuse in any State spending.
States with similar False Claims Act authority have successfully pursued cases involving wage theft and wage violations, false claims regarding minority contracting requirements, defective and shoddy equipment, false safety certifications regarding dangerous construction conditions, unreliable environmental testing results, and more.
“No state agency, contract, or public dollar is immune from fraud, abuse, and corruption. That is true here in Connecticut, as it is everywhere. Connecticut needs the same laws and protections as every one of our neighboring states so that my office can pursue bad actors and get money back for taxpayers,” said Attorney General Tong. “My office has a 13-year track record of successful health care fraud prosecutions, based on excellent partnerships with our state and federal law enforcement and investigative partners. It’s time to close the False Claims Act loophole, build on that success, and ensure every taxpayer dollar is protected.”
"Connecticut taxpayers deserve an Attorney General's Office empowered to root out fraud against our state wherever it appears," said State Rep. Matt Blumenthal, House Chair of the Government Administration and Elections Committee. "For far too long, far too many taxpayer dollars have been shielded from scrutiny. Removing this loophole from our state False Claims Act will provide long-overdue accountability and restitution for fraud, wage theft, and other misconduct. With billions of dollars flowing to the state for vital projects enabled by the Bipartisan Infrastructure Law, the time to pass this legislation is now."
“It’s time to bring Connecticut up to speed with our neighbors and allow the attorney general to investigate fraud across more of state government. When agencies and contractors know they can be held accountable by the attorney general's office, there will be better outcomes. It’s a win-win for taxpayers and consumers, and for private-sector accountability,” said State Sen. Mae Flexer, Senate Chair of the Government Administration and Elections Committee.
“This legislation is a win for taxpayers and working people across Connecticut. There is no justification for limiting the scope and powers of the Attorney General to eliminate fraud. Current law only allows the office to pursue fraud in healthcare and human service programs administered by the state. But why stop there? By going after fraud anywhere the state does business, it helps create a level playing field for all businesses. Let’s finally untie the hands of the Attorney General so his office may fully pursue fraud and abuse anywhere state spending is involved,” said Ed Hawthorne, President of the Connecticut AFL-CIO.
“Expanding the applicability of our State’s False Claims Act is a sound and long overdue proposal,” said Foundation for Fair Contracting Director Kimberly Glassman. “With billions of tax dollars being spent to maintain and modernize Connecticut’s infrastructure, now is the time to send a strong message to unscrupulous contractors that they will be held accountable for flouting our laws and exploiting workers to pad their profits. We applaud the Attorney General for recognizing how pervasive wage theft is in the underground economy and for using every tool at his disposal to root out bad players. Strengthening wage enforcement is paramount to promoting a level playing field.”
“For too long, Connecticut has protected only its healthcare dollars from fraud,” explained Taxpayers Against Fraud President Jeb White. “However, this much-needed legislation extends False Claims Act liability to protect all State dollars. Fraudsters will now need to look to other states.”
The legislation would enable the Office of the Attorney General to summon witnesses and require the production of documents for the purpose of an investigation. In those cases where the investigation establishes a solid factual and legal foundation for a False Claims Act violation, it would enable recovery of the costs of the investigation and prosecution, three times the amount of damages sustained by the State, and civil penalties.
The federal False Claims Act, as well as the majority of other states’ False Claims Acts, establish liability for anyone who submits a “false or fraudulent” claim for payment to the government regardless of the agency or program paying the claim. A majority of states, including New York, Massachusetts, Rhode Island, New Jersey, and Vermont all have broad state False Claims Acts resembling the federal law. In stark contrast, the Connecticut False Claims Act only covers fraud occurring in a “State-administered health or human services program.”
The following are examples from recent False Claims Act cases in Massachusetts, New York, and New Jersey involving businesses:
• charging a state for N95 masks needed for the pandemic that were never provided,
• failing to pay prevailing wages to workers on state projects,
• lying about minority-owned businesses
• failing to provide safe working conditions
• delivering substandard fuel that clogged heating systems in state buildings,
• selling defective software for a state’s security cameras,
• obtaining contracts by faking compliance with state diversity requirements or misrepresenting the wages paid to workers,
• delivering unreliable environmental testing results,
• overstating bus trips made,
• concealing late deliveries to avoid paying refunds,
• falsely certifying the safety and substantial completion of the “Big Dig” tunnel that later collapsed, and
• delivering hand sanitizer with no alcohol to school children in the midst of the COVID-19 pandemic.
False Claims Act authority has been used in other states to hold landlords accountable when they violate housing subsidy rules and defraud taxpayers.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, March 7, 2023
ATTORNEY GENERAL TONG SUES FOUR GHOST GUN DEALERS FOR ILLEGAL SALES IN CONNECTICUT
(Hartford, CT) – Attorney General William Tong today sued four out-of-state firearm dealers selling and advertising illegal, untraceable “ghost gun” parts in Connecticut.
On October 1, 2019, Connecticut banned the sale and receipt of unfinished frame and lower receiver gun components lacking serial numbers or unique identification, which are used to build ghost guns. Despite that, defendants Indie Guns of Florida, Steel Fox Firearms of Florida, Hell Fire Armory of North Carolina, and AR Industries of Utah each sold and shipped illegal ghost guns to an undercover investigator from the Office of the Attorney General.
The four firearm dealers each advertise and sell a variety of firearms and components, including ghost gun components that allow consumers to easily assemble handguns, fully functional AR-15 style automatic rifles, and other untraceable illegal guns. These components are shipped without serial numbers direct to consumers, bypassing federal licensed firearms dealers and background checks. The defendants ship illegal ghost gun parts directly to consumers without confirming whether the consumers are licensed to possess a firearm.
While websites for AR Industries and Steel Fox stated that they would not ship “AR-15 80% Lower Receiver” ghost gun kits to Connecticut, both companies shipped illegal ghost guns to a Connecticut address anyway. Indie Guns and Hell Fire had no warning, notice, or disclaimer.
By selling products that are expressly prohibited under Connecticut law, the lawsuit accuses each company of unfair and deceptive advertising, marketing and sales in violation of the Connecticut Unfair Trade Practices Act.
“Ghost guns are an untraceable menace that exist for one reason—to evade law enforcement and registration. They are a threat to public safety and they are illegal in Connecticut. If you ship ghost guns into Connecticut, we will find you, stop you, and hold you accountable,” said Attorney General Tong. “Indie Guns, Steel Fox Firearms, Hell Fire Armory and AR Industries all knew their ghost guns were illegal in Connecticut and they shipped these weapons to Connecticut anyway. We won’t let them get away with it.”
“The Department of Consumer Protection’s mission is to protect public health and safety. It is hard to imagine a more direct threat to public safety then shipping illegal ghost guns into the State. We look forward to supporting the attorney general in his efforts to take decisive action against this activity,” said Department of Consumer Protection Commissioner Michelle H. Seagull.
Assistant Attorney General Rebecca Quinn, Legal Investigator Caylee Ribeiro, and Deputy Associate Attorney General Mike Wertheimer, head of the Consumer Protection Section are assisting the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, March 10, 2023
ATTORNEY GENERAL TONG DEMANDS $6.1 MILLION FROM CONNECTICUT SERVICE PLAZA OPERATOR OVER UNPAID WAGES
(Hartford, CT) – Attorney General William Tong today sued Connecticut service plaza operator Project Service, LLC on behalf of the Connecticut Department of Labor seeking to recover $2.7 million in unpaid wages owed to food service employees at the Connecticut’s 23 service plazas. The complaint further seeks to collect an additional $2.7 million in damages as well as $722,000 in civil penalties previously assessed but never paid.
Since 2009, Project Service has held a contract with the state Department of Transportation to provide food service to the 23 state-owned service plazas along I-95, Route 15, and I-395. Project Service in turn contracts with a number of different food service operators. Project Service’s agreement with the state requires them to comply with standard wage laws.
Under state statute, the Labor Commissioner establishes a standard wage rate for each classification of employee, including minimum hourly wages plus a thirty percent surcharge to cover fringe benefits such as the cost of healthcare, leave time or retirement.
In August 2019, the Department of Labor received a complaint regarding non-payment of wages at the Darien-based Taco Bell. That complaint triggered an investigation that uncovered a total of $2.7 million in unpaid wages from August 29, 2017 through to September 20, 2019. The investigation found 2,068 impacted workers at a Taco Bell, Chipotle, Dunkin Donuts, and 17 Subway restaurants. The investigation found that many workers, but not all, appeared to have been paid the minimum hourly wage, they were not compensated for mandatory fringe benefits.
The Department of Labor informed Project Service that standard wages must be paid and provided an itemization of additional wages due to each impacted employee. Despite that notice, Project Service to date has refused to pay workers what they are owed, and some subcontractors continue to deny workers the full compensation they are due.
The Connecticut Department of Labor continues to receive complaints and is actively investigating additional potential instances of wage theft at Connecticut service plazas.
“These workers did their job, and they deserve to be paid their full compensation. Project Service was put on notice years ago that their subcontractors were underpaying workers in violation of state law. They have continuously refused to make their workers whole despite repeated warnings and demands. We are left with no choice but today’s legal action to compel Project Service to repay $2.7 million in unpaid back wages, as well as $2.7 million in additional penalties and damages to ensure this egregious wage theft never occurs again,” said Attorney General Tong.
Connecticut Department of Labor Commissioner Danté Bartolomeo said, “I applaud Attorney General Tong for pursuing Project Service to ensure that the many employees working in service plazas restaurants are paid the proper standard wage rate and given the fringe benefits afforded to them under the law. CTDOL undertook a major investigation into labor practices at these locations and found workplace violations that are harming workers, denying wages, and reducing worker benefits. I thank Director Tom Wydra and the entire CTDOL Wage and Workplace Standards staff for their work and dedication to the people we serve.”
Assistant Attorneys General Krista O’Brien, Maria Rodriguez and Sarah Bold, and Deputy Associate Attorney General Matthew Larock, Chief of the Employment Rights section are assisting the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, March 13, 2023
ATTORNEY GENERAL TONG PRAISES COMMITTEE VOTE TO REFORM UNFAIR, ANTI-CONSUMER TICKETING PRACTICES
Connecticut Investigating Live Ticket Industry Following Taylor Swift Concert Sale Fiasco
(Hartford, CT) – Attorney General William Tong praised a unanimous vote in the General Law Committee to advance reforms proposed by the Office of the Attorney General to address unfair, anti-consumer ticketing practices in the live event industry.
“Disclosure of fees from the start of the ticket purchase process will save consumers valuable time selecting the perfect seat for a reasonable price only to discover a huge mark-up in fees and surcharges when they are about to click "purchase." Also, following New York’s lead, this provision requires resellers to disclose how much they originally paid for the tickets they’re selling. More can certainly be done to address the types of anti-consumer, anti-competitive, market manipulation that we have seen around high demand shows and events. Our office is closely following the discussion of this topic nationally,” Attorney General Tong stated in his testimony supporting the bill.
Connecticut has an active investigation into the live event ticketing industry following widespread concern regarding the recent handling of Taylor Swift concert ticket sales. The Connecticut Office of the Attorney General is unable to comment on that investigation.
“We are taking a hard look at anti-competitive conduct in this industry, and how sale and resale practices have harmed fans and consumers. The Taylor Swift concert ticket fiasco was a particularly disastrous example, but these anti-consumer practices have been a longtime problem and need reform—either through legislatures or the courts,” said Attorney General Tong.
“When your favorite band, singer, or artist comes to town it is exciting that you will get the chance to listen to them live in concert, but it can become stressful when it’s time to purchase your tickets. That’s why with this legislation we are working to improve the process,” Sen. James Maroney, co-chair of the General Law Committee. “Ticket sites need to be transparent from the start and show hidden fees right at the beginning of the purchasing process. Along with Attorney General Tong, as Senate Chair of the General Law Committee, I am honored to lead the unanimous vote that will advance reforms that will address the unfair ticketing practices Connecticut consumers are faced with.”
“When you click ‘buy’ on a ticket to see your favorite singer, band, or even comedian, the ticket price shouldn’t skyrocket when it gets to your cart because of undisclosed fees,” said Rep. Mike D’Agostino, co-chair of the General Law Committee. “The General Law Committee made it a priority to address this concerning ‘industry standard’ and our collaboration with Attorney General Tong ensures that this will be the first step in protecting fans.”
Click here for bill text, and here for Attorney General Tong’s full testimony.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, March 15, 2023
ATTORNEY GENERAL TONG PRAISES PURA’S FINAL DECISION REJECTING AQUARION’S REQUESTED $36 MILLION RATE HIKE
(Hartford, CT) -- Attorney General William Tong released the following statement praising a final decision by the Public Utilities Regulatory Authority (PURA) rejecting Eversource-owned Aquarion’s $36 million rate hike.
The requested rate hike would have increased water rates by more than 30 percent over three years for 207,000 Aquarion customers across 56 cities and towns in Connecticut. A draft decision by PURA issued in February instead ordered a rate decrease of 0.192 percent ($379,365) for Connecticut customers. Today’s final decision went a step further, decreasing rates by nearly $2 million, or about $67 per year for the average customer.
“This is an aggressive pro-consumer decision by PURA. Connecticut families pay far too much for their utilities. This relief is well-timed and sorely needed,” said Attorney General Tong. “My office opposed this hike from day one. I thank the Public Utilities Regulatory Authority and particularly Chairman Gillett for her leadership on behalf of Connecticut consumers.”
In a brief filed in January, Attorney General Tong urged PURA to reject the rate increase. Read the full brief here.
Assistant Attorneys General John Wright and Lauren Bidra, Deputy Chief of the Consumer Protection Section for Energy, and Michael Wertheimer, Deputy Associate Attorney General & Chief of the Consumer Protection Section assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, March 15, 2023
ATTORNEY GENERAL TONG MOVES FOR STATE CUSTODY OF 99 NEGLECTED SHEEP AND ONE GOOSE SEIZED FROM BEACON FALLS HOME
(Hartford, CT) – Attorney General William Tong today moved for state custody of 99 neglected sheep and one goose seized from a Beacon Falls farm in February.
Following a complaint from a concerned neighbor, state animal control officers last month visited the five-acre property at 392 Lopus Road in Beacon Falls owned by David Chesnutis. The property was highly unsanitary, strewn with trash, empty beer cans, construction debris, wooden pallets, and empty food containers. The sheep were unshorn, with overgrown hooves. Some were missing fleece and suffering from skin conditions, parasites, and lice. Numerous bones and carcasses of deceased sheep were found. The sheep lacked adequate food, shelter, and warmth for the winter conditions. Chesnutis voluntarily allowed the officers to remove one ewe and one lamb in need of immediate medical care.
The officers secured a warrant and returned to the property the following day to seize 99 sheep and one goose. The owner of the property voluntarily consented to the removal of 21 cats who were transferred to the care of Woodbridge animal control. The sheep and goose are currently being cared for at the Department of Agriculture’s Second Change Large Animal Rehabilitation Facility in Niantic.
The State of Connecticut has also charged Chesnutis with the crime of animal cruelty in violation of CGS 53-247.
“The conditions at this property were beyond deplorable, and the sheep were severely neglected. We are moving for permanent state custody to ensure these animals receive the care and treatment they urgently require and deserve,” said Attorney General Tong. “State intervention is a last resort in cases of severe neglect and abuse. If you are an animal owner in need, please reach out to the state, your town, or any one of our state’s animal welfare non-profits to ask for help before any animal is harmed.”
“I commend the swift actions of our state’s animal control unit and Regulatory Services staff, along with municipal animal control officers from surrounding towns, to ensure that the animals in question were safely transported to receive the care and medical treatment needed,” said Agriculture Commissioner Bryan P. Hurlburt. “We are grateful for the support of the Attorney General’s office in this matter.”
If you suspect animal cruelty, reports can be made directly to the local animal control department or contact the Department of Agriculture at 860-713-2506 or AGR.Anim...@ct.gov.
Assistant Attorney General Daniel Salton and Deputy Associate Attorney General Matthew Levine, Head of the Environment Section, assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, March 16, 2023
ATTORNEY GENERAL TONG SUES VISION SOLAR OVER UNFAIR AND DECEPTIVE SALES, VIOLATIONS OF HOME IMPROVEMENT ACT
(Hartford, CT) – Attorney General William Tong today announced the filing of a lawsuit against Vision Solar, LLC following more than a dozen consumer complaints regarding predatory high-pressure sales tactics, misrepresentations about financing and tax credits, and unpermitted work that left homeowners saddled with nonfunctioning systems and unaffordable loans.
“We’re investigating numerous complaints regarding high-pressure solar industry sales tactics, but Vision Solar’s predatory practices are far and away the worst we have seen. Vision Solar preyed on low-income, elderly, and disabled homeowners, pressuring them into unaffordable loans for solar panels that in some cases were never activated. Their egregious misconduct appears to have violated multiple laws, and we’re going to hold them accountable. Our lawsuit seeks to get money back for Vision customers, as well as fines and court orders to stop Vision from engaging in these unfair and deceptive practices,” said Attorney General Tong.
Vision Solar began offering its services as a registered Home Improvement Contractor installing residential solar systems in December 2020. Since August 2021, the Office of the Attorney General has received 14 complaints. The complaints include reports that Vision representatives took advantage of elderly and disabled consumers, including pressuring them into signing contracts they were not fully able to read or understand. The Office learned that in one instance, a Vision salesperson selectively dealt only with an intellectually disabled individual despite knowing the other owner would not permit the solar installation. Other consumers complained that Vision completed work without applying for or obtaining necessary permits, leaving consumers with unusable systems that could not be connected to the grid.
Other complaints indicated that Vision altered the scope of work without consent, placing panels in unauthorized places that resulted in lower energy generation. Others stated that Vision overstated tax benefits, claiming that owners would receive federal tax credits despite knowing their income was too low to meaningfully benefit. Vision may also have applied for at least some of its town electrical permits falsely using the credentials of a licensed electrician no longer employed with Vision, and may have completed work on some solar systems without an appropriately licensed electrician.
The cost of affected consumers’ solar installation projects, which can include roof replacement, may be as high as $95,000. Given the high cost of solar panel installation, the complainants entered multiyear financing arrangements with third-party lenders selected and suggested by Vision. In some instances, Vision may have misrepresented consumers’ income to falsely qualify for financing.
Vision’s egregious misconduct likely violates both the Home Improvement Act and Connecticut Unfair Trade Practices Act. Today’s action seeks restitution for consumers, disgorgement of profits gained through the company’s unfair and deceptive acts, civil penalties, and injunctive relief blocking Vision from further illegal conduct.
Last year, the Office of the Attorney General and Department of Consumer Protection announced a similar investigation and enforcement action against Solar Wolf Energy over failures to complete, or even begin, promised work. Solar Wolf is currently blocked from doing business in Connecticut as a result of the ongoing investigation and has since filed for bankruptcy.
Assistant Attorneys General Joe Gasser and Lauren Bidra, Legal Investigator Caylee Ribeiro, Paralegal Specialist Casey Rybak and Deputy Associate Attorney General Mike Wertheimer, Chief of the Consumer Protection Section, are assisting the Attorney General in this matter.
The Office of the Attorney General and Department of Consumer Protection have previously released guidance regarding rooftop solar.
“Residential solar may help reduce electric bills and dependence on fossil fuels to power our electric grid, but consumers must proceed with caution. Solar power purchase agreements or lease agreements are often long-term, complex, and can be expensive. Any electric bill savings varies per household depending on many factors,” said Attorney General Tong. “While electric rates are high and we are all looking for ways to save money, consumers should never feel pressured into a solar contract or any other major home project.”
What must I know about rooftop solar?
• Not all homes are equally suited for solar. The size of the roof, orientation of the home, amount of sun exposure, and the home’s energy demands are all important factors to consider. Solar companies may ask about removing trees to increase sun exposure, which is an additional expense.
• Some roofs require reinforcement or replacement before solar installation. This is a separate cost that solar companies typically will not pay for. And, if roof work is required during the useful life of the system, the homeowner may have to pay to remove the panels.
• Compare reviews and prices. As with any major purchase, you should compare other consumers’ reviews of solar companies and shop around to be sure you’re getting a fair deal.
• Know who you are doing business with, and ensure they are properly licensed in Connecticut. Many solar companies contract out their marketing and installations to third parties, so you might be asked to sign a contract with a different company than you thought.
• Never sign any agreement with a solar company under pressure. The Attorney General’s Office and the Department of Consumer Protection have received complaints of high-pressure sales tactics by solar companies. Even if a salesperson suggests you sign to “get the process going” or to “get more information,” do not sign unless you are fully comfortable committing to the solar transaction. You should never feel pressured to read a contract quickly, let alone on the spot on a salesperson’s tablet or computer. And you may ask a visiting salesperson to leave your home at any time.
• Under Connecticut law, you may cancel your contract any time before midnight the third business day after a transaction.
Here are some frequently asked questions about residential solar systems:
What is a solar panel system?
A solar system consists of rooftop panels and an inverter which converts sunlight into electricity. Installing solar panels can be an intensive process: the system must be professionally designed and installed, permitted and inspected by local officials, and approved by the electric utility. Roof reinforcement or replacement may be required before installing a solar system, at additional cost to the homeowner.
The same consumer protection provisions apply to solar installers and salespeople as other home improvement contractors and salespeople. For more information, visit the Department of Consumer Protection’s website.
Is residential solar cost-effective?
The benefits and costs vary. Consumers should be wary of solar companies that promise that solar makes sense for them before carefully analyzing their situation. Never make a decision based on online calculations or estimates, which may be based on data from other parts of the country.
Salespeople will emphasize that the cost of electricity is high and increases every year. While electricity costs do increase, consumers should beware of promises by solar companies that a solar system can guarantee a certain level of savings. You can find historical electrical costs for your utility here.
Can I get a solar system at no cost?
No. There is no such thing as a no-cost solar system. While some solar installations may have no up-front cost, those options require monthly payments and may not be wise in the long run.
What about tax credits or other incentives?
There is a 26% federal tax credit on the cost of solar systems installed through the end of 2022. The credit drops to 22% in 2023 and expires in 2024 unless renewed by Congress. Only the purchaser of a solar system may take the tax credit, not lessees or PPA customers, and purchasers will only benefit if they owe federal income tax. While solar companies may advertise low cost or even “no cost” solar programs, these involve the solar company, not the homeowner, receiving any tax credit.
Who pays for the solar system?
• Purchase. Consumers can buy solar panels using cash or obtain financing. The consumer owns the system and generally is responsible for maintaining and repairing it. Only a purchaser can benefit from any applicable tax credits.
• Lease. Consumers can lease solar panels by paying a fixed monthly payment in exchange for the use of the solar panels for a set term. Much like a leased car, the consumer can buy the panels at the end of the term, give back the panels, or renew the lease. There is no guarantee that the lease payments will be less than the electricity bill would have been without panels. And, if the system does not generate enough to cover the home’s full energy use, there is still an electric bill.
• Power purchase agreement (PPA). Under a PPA, consumers do not own or lease their systems, but pay a monthly payment based on how much electricity they use. The cost per kWh is generally less than electric rates, but increases over time. As with a lease, there is no guarantee that the monthly payments will be less than the electricity bill would have been, and, if the system does not generate enough to cover the home’s full energy use, there is still an electric bill.
Will I still need to pay for power from the electric utility?
Homes with solar panels are still connected to the power grid. This means the homeowner pays for power from the electric utility unless their system produces enough to cover their energy needs. A residential solar system can send energy back onto the grid and, depending on the arrangement the homeowner selects with the electric utility, the utility will provide a credit if the home generates more power than it uses. More information about credits for solar generation is available here.
Does a solar system affect my home’s value?
Solar companies often claim that solar panels increase the value of your home. There is currently not good data to support this claim. Many home buyers do not see solar panels as a benefit. Also, homeowners with leased panels or PPAs may have difficulty selling their home since the new buyer and the company need to agree to transfer the lease or PPA.
Connecticut consumers who believe they have been harmed by a solar company’s practices should file a complaint with the Office of the Attorney General here: https://www.dir.ct.gov/ag/complaint/ or with the Department of Consumer Protection here: https://portal.ct.gov/DCP/Complaint-Center/Consumers---Complaint-Center.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, March 23, 2023
ATTORNEY GENERAL TONG STATEMENT ON WATERBURY MAYOR NEIL O’LEARY DECISION NOT TO SEEK RE-ELECTION
(Hartford, CT) – Attorney General William Tong released the following statement regarding Waterbury Mayor Neil O’Leary’s decision not to seek re-election:
“Mayor O’Leary has been a singular and essential partner in Connecticut’s unified fight to hold the addiction industry accountable for the devastation of the opioid epidemic. His selfless leadership has made an invaluable impact not only in Waterbury, but across Connecticut and nationwide. He is the definition of a public servant, and his steady voice, friendship, and guidance will be sorely missed. I wish him and his family all the best.”
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, March 24, 2023
ATTORNEY GENERAL TONG CALLS FOR JUUL VAPING SETTLEMENT FUNDS TO BE DIRECTED TO REGIONAL BEHAVIORAL HEALTH ACTION ORGANIZATIONS
(Hartford, CT) – Attorney General William Tong this week submitted testimony calling for funds received through the $438.5 million multistate vaping settlement with JUUL to be directed to Regional Behavioral Health Action Organizations (RBHAOs) to combat youth vaping and nicotine use.
His testimony, in support of House Bill No. 6914, An Act Concerning the Use of Funds in the Opioid and Tobacco Settlement Funds and Funds Received by the State as Part of Any Settlement Agreement with a Manufacturer of Electronic Nicotine Delivery Systems and Vapor Products, addresses safeguards and reporting requirements for both opioid and tobacco settlement funds.
Connecticut led 34 states and territories last year in brokering the settlement with JUUL, resolving a two-year bipartisan investigation into the company’s marketing and sales practices. Connecticut is due to receive approximately $16 million through the settlement, which is to be used for cessation, prevention, and mitigation.
RBHAOs are created in statute and funded primarily through federal block grant dollars administered by the Department of Mental Health and Addiction Services.
“RBHAOs are responsible for providing a range of planning, education and advocacy initiatives related to mental health and substance use prevention, treatment and recovery, including addressing the youth vaping epidemic fueled by JUUL and others. RBHAOs are engaged in our local communities – building coalitions with prevention advocates, parents, youth, educators, healthcare providers and other community stakeholders and are well-positioned to use these funds so that they have the most impact,” Attorney General Tong states in his testimony.
"The most recent Youth Risk Behavior Survey indicated that 27% of youth in Connecticut are 30-day users of vaping products. The Regional Behavioral Health Action Organizations and the local prevention councils they fund have been on the front lines of the teen vaping epidemic in our schools and communities, working to implement the same strategies that reduced youth smoking decades ago. From implementing anti-vaping curricula, to educating parents to changing perceptions and behavior among users and enacting local ordinances to control marketing to kids – we have undertaken these efforts on a shoestring. The funds from the JUUL settlement will enable our organizations to implement a science-based, consistent, coordinated strategy, that integrates across communities and across the state. Vaping is a significant public health problem with lifelong consequences for our kids and young people and these JUUL settlement dollars represent a unique opportunity to address the vaping crisis in a holistic way,” said Pamela Mautte, Chair of the Connecticut Prevention Network.
Attorney General Tong’s testimony also supports updating the existing reporting requirements for opioid settlement funds to make clear that municipalities must comply with the same reporting requirements already in place for state-administered funds.
Over the past four years, Connecticut has led nationwide efforts to hold the entire addiction industry accountable for the opioid epidemic, securing more than $50 billion for treatment and prevention. Connecticut will receive over $600 million to save lives across our state. Public Act 22-48, passed last year, requires that funding support evidence-based treatment, prevention and recovery programs. The law established the Opioid Settlement Advisory Committee comprised of health professionals, individuals with lived experience, and state and municipal leaders to ensure robust and informed public involvement, accountability and transparency in allocating and accounting for the opioid funds. The committee held its first meeting on March 13. That committee is required to produce an annual report detailing its expenditures. H.B. 6914 simply ensures that municipal spending is reported alongside the state accounting.
###
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, March 29, 2023
ATTORNEY GENERAL TONG CONGRATULATES MATTHEW LAROCK, WALTER MENJIVAR, CHARLENE SPENCER ON NOMINATIONS TO CONNECTICUT SUPERIOR COURT BENCH, FAMILY COURT
(Hartford, CT) – Attorney General William Tong congratulated Deputy Associate Attorney General Matthew Larock and Assistant Attorney General Water A. Menjivar on their nominations today to the Connecticut Superior Court bench, as well as Assistant Attorney General Charlene W. Spencer on her nomination to serve as a Family Court Magistrate.
“On behalf of the entire Office of the Attorney General, I send congratulations to all of today’s nominees, and especially to our own Deputy Associate Attorney General Matt Larock, and Assistant Attorneys General Walter Menjivar and Charlene Spencer. As Chief of the Employment Rights section, Matt has been an unflappable leader. His positive energy and reservoir of institutional knowledge will be sorely missed and very tough to replace. As an Assistant Attorney General, and through his service to the Governor’s Office, Walter Menjivar has been assigned to some of our state’s most complex and consequential matters. Charlene Spencer has dedicated three decades to the Office of the Attorney General, building a wealth of expertise across our Office. All three are highly respected, skilled and compassionate attorneys, colleagues and mentors, who will be a tremendous benefit to our state and legal system in their new roles,” said Attorney General Tong.
Attorney General Tong also congratulated Stamford State Rep. Daniel J. Fox and former Assistant Attorney General and Commissioner of the Connecticut State Department of Veterans Affairs Thomas J. Saadi:
“It was an honor to serve with Dan Fox in the Stamford delegation. He is a close personal friend, and this nomination is such an honor for him and his family,” said Attorney General Tong. “Tom Saadi was a longtime, well-liked Assistant Attorney General before his exceptional service as Commissioner of the Department of Veterans Affairs. He is also a tireless advocate for and leader within the Danbury Lebanese community. This is a proud moment not only for him, but for his former colleagues here in the Office of the Attorney General, and for his community.”
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, April 6, 2023
ATTORNEY GENERAL TONG SEEKS COURT ORDER TO FORCE STONE ACADEMY OWNERS BIERBAUM AND SCHEINBERG TO COMPLY WITH INVESTIGATIVE DEMANDS
(Hartford, CT) – Attorney General William Tong today sought a court order forcing Stone Academy’s owners to comply with the state’s ongoing investigation into potential violations of the Connecticut Unfair Trade Practices Act by Stone Academy.
On March 15, Attorney General Tong served Joseph Bierbaum and Richard Scheinberg with civil investigative demands seeking detailed information regarding their financial and legal interests and duties and responsibilities at Stone Academy and other for-profit education entities in Connecticut. The demand also sought information regarding where Stone Academy records are stored, as well as payroll, staffing, enrollment and attendance records. The investigative demand further sought answers from both Bierbaum and Scheinberg as to efforts they made to ensure Stone’s compliance with Connecticut Law, including their awareness or involvement in efforts to allow non-clinical assignments to count toward clinical instruction hours at Stone, efforts to ensure adequate student faculty ratios, efforts to ensure the accuracy of student transcripts, among other questions.
Bierbaum and Scheinberg failed to respond to or even acknowledge the demand by a March 29 deadline. As a result, Attorney General Tong today sought a court order forcing compliance with the CID.
“Stone took in millions of dollars in tuition from students who spent countless hours away from their families and jobs to become nurses and advance their careers. Stone utterly failed them. What has happened to these students is a tragedy and I am beyond outraged on their behalf. We are bringing everything we’ve got to this investigation, and we are going to get to the bottom of this. If our office finds any wrongdoing, I will not hesitate to hold those responsible to the fullest extent of the law,” said Attorney General Tong.
Attorney General Tong first launched the investigation on February 23, after the nursing school abruptly closed its doors leaving students’ education plans in limbo. Attorney General Tong sent initial civil investigative demands to Stone Academy demanding detailed information and records regarding the education provided to and tuition collected from each student, the schools’ marketing practices, faculty qualifications, revenues, and accreditation materials, as well as all complaints received by the school. The demand to Stone also sought information regarding how and when the school decided to close and how that decision was communicated to students. The demand further sought detailed information as to how the school intends to reimburse students for tuition and costs, how it intends to assist students in continuing their education, and how it intends to inform students of their rights and options following the school closure.
Stone responded to the demand. The Office of the Attorney General is reviewing those records, and has conducted numerous interviews with Stone students and others connected with the school with relevant information.
Attorney General Tong today sent a letter to Stone’s attorneys identifying several specific areas where the school’s responses appear to be incomplete or missing information. The Office of the Attorney General is demanding full and complete responses.
The for-profit nursing school abruptly closed its campuses in East Hartford, Waterbury and West Haven on February 15 following serious concerns regarding National Council Licensure Examination rates, faculty qualifications, and clinical training.
The Office of Higher Education, Department of Public Health and the U.S. Department of Education are all working to assist students in obtaining transcripts, tuition refunds, loan discharges, adjustments to veteran’s benefits, as well as providing support for students attempting to continue their education at other schools.
Stone had initially agreed to pay for and cooperate with an audit of its student records in order to enable students to continue with their education and begin their careers. Stone has since reneged. The state has agreed to pay for that audit, which is now underway.
If you are a Stone Academy student in need of assistance, or a Stone Academy employee with information relevant to this investigation, please provide information via the Office of the Attorney General’s online portal.
Students may also wish to contact the Office of Higher Education for assistance and guidance regarding their educational options via 860-947-1816 or ohe...@ct.gov.
###
Benton, Elizabeth
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, April 6, 2023
ATTORNEY GENERAL TONG ANNOUNCES 3,000 PACKAGES OF FOREIGN CONTRABAND CIGARETTES SEIZED AND DESTROYED FOLLOWING SETTLEMENT WITH U.S. POSTAL SERVICE
(Hartford, CT) – Attorney General William Tong announced today that approximately 3,000 packages of foreign contraband cigarettes were detected, seized, and destroyed in the first quarter of 2023 due to reforms enacted through a settlement between Connecticut, California, Illinois, Pennsylvania, the City of New York and the U.S. Postal Service. Of those seized packages, 44 were destined for addresses in Connecticut.
“We took action to force USPS to do its job to stop the flow of foreign contraband cigarettes into Connecticut and the United States. These early reports show our settlement provisions are working, resulting in the detection and destruction of thousands of smuggled cigarettes. Contraband cigarettes cost states hundreds of thousands of dollars in lost tax revenue and hinder smoking cessation efforts. We will continue to work alongside our partner states and the City of New York to closely monitor this settlement and ensure this important enforcement effort remains on the right track,” said Attorney General Tong.
The settlement, reached in August 2022, resolved allegations that USPS had, for over a decade, transported and delivered untaxed, foreign cigarettes to U.S. households in violation of federal law.
The settlement required USPS to commit to a series of reforms, including ending its former practice of returning to sender illegally mailed packages of cigarettes. The new policy requires USPS to seize and destroy cigarette packages, and to report the sender and recipient information to law enforcement, and to appoint a designated manager to oversee compliance with the settlement, among other provisions.
In the first quarter of 2023, USPS seized for destruction approximately 3,000 packages containing a total of 10,000 cartons of cigarettes shipped from overseas addresses in violation of U.S. law. The largest number — nearly 8,000 cartons — entered through the international postal facility at John F. Kennedy International Airport. Most shipments were mailed from China, Israel, and Russia and sent to addresses throughout New York City, Connecticut and the other plaintiff states. Many addressees received packages of cigarettes at commercial mail drops in sufficiently large quantities that indicated the cigarettes were intended for re-sale.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, April 18, 2023
ATTORNEY GENERAL TONG ANNOUNCES $234K FAISE CLAIMS SETTLEMENT WITH BEHAVIORAL HEALTH PROVIDER K-ASSIST
(Hartford, CT) – Attorney General William Tong and U.S. Attorney Vanessa Avery today announced a $234, 064.89 settlement with Kelly Stutzman and her company K-Assist, resolving allegations that the behavioral health provider violated the federal and state False Claims Acts. In additional to this civil settlement, Stutzman has also been criminally prosecuted by the Medicaid Fraud Control Unit of the Connecticut Chief State’s Attorney’s Office.
“Kelly Stutzman and her company K-Assist repeatedly billed the Connecticut Medicaid program for thousands of hours of services she claimed to have provided but were instead provided by unlicensed individuals. In addition to the civil settlement, she also pled nolo contendre to a criminal charge related to her participation in the Medicaid program. In conjunction with our state and federal partners, we will act aggressively to ensure our Medicaid dollars are used appropriately for the benefit of Connecticut patients,” said Attorney General Tong.
“Defrauding the Medicaid program is a serious offense and we applaud the work of the Attorney General’s Office in aggressively addressing wrongdoing in the Connecticut Medicaid Program. We appreciate the Attorney General’s efforts to assure the integrity of the Connecticut Medicaid Program, making sure that its resources are used to support Connecticut’s residents and not to enrich those who seek to abuse the system,” said Department of Social Services (DSS) Commissioner-designate Andrea Barton Reeves.
Acting on a referral received by DSS, the Connecticut Office of the Attorney General, the Connecticut Medicaid Fraud Control Unit, and the federal Health and Human Services-Office of the Inspector General each opened an investigation into allegations that K-Assist was knowingly billing the Connecticut Medicaid Program for services provided by unlicensed individuals.
The investigations uncovered evidence of repeated billing for excessive services, including hundreds of dates where more than 12 hours of behavioral health services were allegedly provided by Stutzman in a single day. Through extensive interviews and document review, the investigation developed evidence that K-Assist routinely relied on unlicensed individuals to provide services, while billing the Connecticut Medicaid Program as though those services had been provided by licensed behavioral health clinicians. Behavioral health services provided by unlicensed individuals are not reimbursable through the Connecticut Medicaid Program.
Attorney General Tong thanked the U.S. Health and Human Services Office of the Inspector General/Office of Investigations, the Office of the United States Attorney, the Connecticut Medicaid Fraud Control Unit, and the DSS Office of Quality Assurance for their coordination in this case.
Assistant Attorney General Joshua Jackson and Legal Investigator Peter Harrington, under the supervision of Gregory K. O'Connell, Chief of the Government Program Fraud Section, assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, April 19, 2023
ATTORNEY GENERAL TONG STATEMENT ON EXTENSION OF SUPREME COURT STAY PRESERVING ACCESS TO MEDICATION ABORTION NATIONWIDE
(Hartford, CT) – Attorney General William Tong issued the following statement after U.S Supreme Court Justice Samuel Alito extended an administrative stay of the Texas medication abortion decision that would suspend the Food and Drug Administration’s long-standing approval of mifepristone. The stay is now in effect through Friday, April 21 at 11:59 p.m.
“I credit the U.S. Supreme Court for further staying the extremist Texas order, preserving access to safe, legal medication abortion for women and patients across the country and for taking more time to review these incredibly important issues. Here in Connecticut, medication abortion remains available and accessible, and I am fighting in multiple courts alongside attorneys general across the country to make sure it stays that way. That’s why I fought for this stay, and why I will advocate aggressively for women and patients at every single step of this case. And it’s why we went on the offensive, filing our own case in Washington state to proactively protect our rights here in Connecticut. Radical partisan politicians need to get the hell out of our doctors’ offices,” said Attorney General Tong.
On Friday, April 7, a judge in the U.S. District Court for the Northern District of Texas issued a decision suspending the Food and Drug Administration’s (FDA) long-standing approval of mifepristone. The FDA first approved mifepristone in 2000, and since then 5.6 million people in the U.S. have used it safely for medication abortion and miscarriage care. At the same time, the U.S. District Court for the Eastern District of Washington issued a decision in a separate case brought by the attorneys general of 17 states and the District of Columbia—including Connecticut. That decision bars the FDA from reducing access to medication abortion in the plaintiff states.
Medication abortion is safe, legal, and accessible in Connecticut. Attorney General Tong issued a formal opinion on April 14 ensuring there would be no ambiguity as to patients’ rights to access abortion, providers’ ability to prescribe mifepristone, and the state’s ability to cover mifepristone under its Medicaid program.
Benton, Elizabeth
Resending this as it appears many people did not receive the initial release.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, April 20, 2023
ATTORNEY GENERAL TONG CALLS FOR RECALL OF THEFT-PRONE HYUNDAI AND KIA VEHICLES
(Hartford, CT) -- Attorney General William Tong today joined a coalition of 18 attorneys general calling for a federal recall of Hyundai and Kia vehicles following the companies’ continued failure to take adequate steps to address the alarming rate of theft of their vehicles. The letter, sent to the National Highway Traffic Safety Administration (NHSTA), requests NHTSA institute a recall of unsafe Hyundai and Kia vehicles manufactured between 2011 and 2022 whose easily bypassed ignition switches and lack of engine immobilizers make them particularly vulnerable to theft. In March 2023, a coalition of attorneys general urged the companies to take stronger steps to address the safety concerns of their vehicles. This letter now calls on the federal government to step in, as the vehicles’ systems remain out of compliance with federal standards and pose an unreasonable risk to public safety, and the companies have failed to address these safety issues.
“Hyundai and Kia sold cars without industry standard anti-theft devices, posing an unreasonable risk to public safety. Viral videos show youth how to hotwire these cars in a matter of seconds, encouraging reckless driving and criminal activity that has resulted in injuries and deaths. I’ve called on Hyundai and Kia to fix this, quickly, and without nickel and diming their customers. They’ve failed and we can’t wait any longer. It’s time for the federal government to step in and force a recall,” said Attorney General Tong.
Between 2011 and 2022, the companies chose not to include anti-theft devices that were a standard feature in almost every other new car manufactured during that time period, including the same Hyundai and Kia models sold in Canada and Europe. Hyundai and Kia owners now face unnecessary risk of having their vehicles stolen, as well as related concerns, like struggling to obtain insurance for the affected vehicles.
These vehicles have been stolen at high rates since approximately 2021, harming consumers and contributing to an erosion of public safety. The thefts have frequently been accompanied by reckless driving and further criminal activity, causing injuries and deaths. The thefts have even gone viral, with videos on social media showing how to hotwire these vehicles and challenging others to steal them. Following these videos, thefts began surging across the country.
The thefts have taken scarce resources from local law enforcement and first responders, who have had to increase patrols and spend time responding to the thefts, distribute antitheft devices such as steering wheels locks, and alert the public to the dangerous trend. Hyundai and Kia vehicles stolen in this manner have resulted in numerous crashes and at least eight fatalities nationwide, and the stolen vehicles have also been used to commit additional, sometimes violent, crimes.
The coalition asserts that Kia and Hyundai have not gone far enough in their attempts to remedy their vehicles’ vulnerability to theft. While the companies have offered a software upgrade, this upgrade will not be available for many affected vehicles until June and for some 2011-2022 models cannot be installed at all. Vehicle owners who cannot receive the software upgrade can reportedly receive a free steering wheel lock from Kia and Hyundai, but this places additional burdens on owners and does not address the underlying ignition system flaw that makes the vehicles so vulnerable to theft. Many owners have contacted NHTSA for assistance with this theft issue.
In the letter, the states urge NHTSA to take immediate action by instituting a recall of the unsafe Hyundai and Kia vehicles because:
• The vehicles violate federal requirements that vehicles have a starting system that prevents the activation of the engine or motor and steering system when the key is removed;
• The Hyundai and Kia vehicles’ vulnerability to hotwiring and theft has created an unreasonable and well-documented risk to safety on U.S. roads;
• Surging thefts of unsafe Hyundai and Kia vehicles have consumed law enforcement and emergency responder resources; and
• The companies’ response through a phased and voluntary service campaign is insufficient to protect drivers and the general public.
Attorney General Tong joins a coalition led by California Attorney General Rob Bonta and includes the attorneys general of Arizona, Colorado, Connecticut, Illinois, Massachusetts, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, April 21, 2023
ATTORNEY GENERAL TONG STATEMENT ON SUPREME COURT STAY PRESERVING ACCESS TO MEDICATION ABORTION NATIONWIDE
(Hartford, CT) – Attorney General William Tong issued the following statement after the U.S Supreme Court further stayed a Texas judge’s medication abortion decision that would suspend the Food and Drug Administration’s long-standing approval of mifepristone. The Texas judge’s order is now on hold until the federal Fifth Circuit hears and resolves the FDA’s appeal and the Supreme Court resolves any certiorari petition.
“Today’s stay preserves access to safe, legal medication abortion. We’re done with radical, misogynist politicians who want to micromanage our lives and bodily autonomy. I’m going to fight like hell at every single step of this case, alongside women, patients, and doctors everywhere who refuse to live in Gilead,” said Attorney General Tong.
Attorney General Tong fought for this stay, and also filed Connecticut’s own case in Washington state with attorneys general from 16 other states and the District of Columbia to proactively protect our rights here in Connecticut.
On Friday, April 7, a judge in the U.S. District Court for the Northern District of Texas issued a decision suspending the Food and Drug Administration’s (FDA) long-standing approval of mifepristone. The FDA first approved mifepristone in 2000, and since then 5.6 million people in the U.S. have used it safely for medication abortion and miscarriage care. At the same time, the U.S. District Court for the Eastern District of Washington issued a decision in a separate case brought by the attorneys general of 17 states and the District of Columbia—including Connecticut. That decision bars the FDA from reducing access to medication abortion in the plaintiff states.
Medication abortion is safe, legal, and accessible in Connecticut. Attorney General Tong issued a formal opinion on April 14 ensuring there would be no ambiguity as to patients’ rights to access abortion, providers’ ability to prescribe mifepristone, and the state’s ability to cover mifepristone under its Medicaid program.
###
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, April 24, 2023
CNG OVER-COLLECTED $8 MILLION FROM CONNECTICUT RATEPAYERS, ATTORNEY GENERAL TONG, CONSUMER COUNSEL COLEMAN, CONNECTICUT INDUSTRIAL ENERGY CONSUMERS, PURA OFFICE OF EDUCATION OUTREACH AND ENFORCEMENT CALL FOR NEW RATE HEARING
(Hartford, CT) – Following a recent earnings report showing Connecticut Natural Gas Corporation over-collected $8 million from Connecticut families and businesses, Attorney General William Tong, Consumer Counsel Claire E. Coleman, Connecticut Industrial Energy Consumers, and the Public Utilities Regulatory Authority Office of Education, Outreach, and Enforcement submitted a joint petition to the Public Utilities Regulatory Authority seeking a new rate hearing to drive down costs for consumers.
It has been five years since CNG’s last rate case before PURA. Per state statute, rate review hearings must be conducted at least every four years.
CNG’s most recent earnings report shows the company has been earning 177 basis points above its authorized return on equity (“ROE”) of 9.3 percent. This was not a billing error—CNG was accurately collecting previously approved rates. Due to a variety of factors that must be thoroughly scrutinized in a rate case, those rates appear well beyond what is necessary to cover their expenses. That 177 basis points translates into more than $8 million in excess payments by ratepayers. Of that, approximately $4 million will be returned to ratepayers to offset bills during the highest use winter months. The remaining excess profit will be distributed to shareholders.
This latest earnings report demonstrates that CNG’s rates may be more than just, reasonable and adequate to provide essential utility services. The joint petition urges PURA to conduct a full rate proceeding to ensure that ratepayers are paying no more than absolutely necessary for that service.
“CNG is profiting off the backs of Connecticut families and businesses. We pay far too much for our utilities as it is, we should not be charged a penny more than needed. CNG needs to come before PURA right away for a full rate hearing so we can scrutinize their books and get these inflated costs under control. Connecticut ratepayers should not be subsidizing CNG shareholders,” said Attorney General Tong.
“CNG is overdue for a full rate review, routinely required by Connecticut statute, and the company’s most recent earnings report shows that consumers paid CNG $8 million more than it needed in order to provide service. When rates fall out of sync with a utility’s actual cost needs, the pocketbooks and quality of life of Connecticut residents can suffer. As the state’s independent ratepayer advocate, we’ve joined our partners to call CNG before PURA for a line by line accounting of the their earnings. Given our current economic situation, families, non-profits and businesses across the state have had to make tough decisions to ensure they live within their means. Filing today’s joint motion is the first step in ensuring CNG does the same,” said Consumer Counsel Coleman.
“Businesses are under enormous pressure to stay competitive in Connecticut with the high cost of utility service. Connecticut Natural Gas Corporation reported an appalling rise in earnings last year, demonstrating that customers are paying far more than necessary for their gas service. This hurts businesses and makes it harder to grow the economy in the company’s service territory. The Connecticut Industrial Energy Consumers is pleased to collaborate with the Attorney General, the Consumer Counsel, and the Authority’s Office of Education, Outreach, and Enforcement to advocate for new gas rates that are just, reasonable, and do not force customers to continue paying extra money every month to fund excessive shareholder profits,” said Jay Goodman, attorney for the Connecticut Industrial Energy Consumers.
CNG serves 184,000 customers in central Connecticut and Greenwich.
Click here for the joint petition.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, April 24, 2023
ATTORNEY GENERAL TONG STATEMENT ON SUPREME COURT CERT DENIAL IN SUNCOR ENERGY V. BOULDER
(Hartford, CT) – Attorney General William Tong released the following statement after the U.S. Supreme Court denied certiorari in Suncor Energy v. Boulder and several similar cases involving state law claims against energy companies and their role in exacerbating climate change.
“The Supreme Court was correct to deny certiorari in Suncor Energy v. Boulder and several other similar cases today. The law is clear – these cases belong in state court, and the Supreme Court’s denial of certiorari confirms what every Circuit to examine this issue has concluded. We are hopeful that the Second Circuit will soon join this unanimous precedent and allow our case to hold ExxonMobil accountable for decades of deception to proceed in state court,” said Attorney General Tong.
Connecticut sued ExxonMobil in September 2020 under the Connecticut Unfair Trade Practices Act, alleging an ongoing, systematic campaign of lies and deception to hide from the public what ExxonMobil has known for decades—that burning fossil fuels undeniably contributes to climate change. Connecticut is seeking stop ExxonMobil’s lies, to hold ExxonMobil accountable for these unfair and deceptive practices, to force civil penalties, disgorgement of profiles, and full disclosure of their climate research.
ExxonMobil sought to move the case to federal court. The Office of the Attorney General has been fighting to keep the matter in state court, where it appropriately belongs. Connecticut is awaiting a decision by the U.S. Court of Appeals for the Second Circuit on that matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, April 26, 2023
ATTORNEY GENERAL TONG ANNOUNCES RECEIPT OF $124.6 MILLION THROUGH TOBACCO MASTER SETTLEMENT AGREEMENT, CALLS FOR INCREASED SPENDING ON TOBACCO AND NICOTINE CONTROL
(Hartford, CT) – Attorney General William Tong today announced the State of Connecticut has received its annual payment – this year totaling more than $124.6 million – pursuant to the Tobacco Master Settlement Agreement. He also called on the state to increase its spending to prevent youth smoking and vaping, and to assist Connecticut residents of any age in their efforts to stop smoking or vaping.
In 1998, attorneys general from 52 states and territories reached a settlement with the four largest tobacco companies, settling suits filed by dozens of states. The settlement directs payments to the states and territories in perpetuity so long as cigarettes are sold by tobacco companies participating in the agreement. The payments are intended to compensate participating states for health care costs that the states pay on behalf of residents suffering from smoking-related illnesses.
To date, Connecticut has received $3,104,052,598 from tobacco companies under the agreement.
The settlement imposed strong new restrictions on tobacco advertising and marketing practices, including prohibitions on billboards, cartoons, branded merchandise, and sports sponsorships. The companies were forced to eliminate practices that obscured tobacco’s health risks and were required to establish and fund the Truth Initiative, an advocacy organization dedicated to “achieving a culture where all youth and young adults reject tobacco.”
The settlement also carries ongoing obligations for the settling states, including ensuring that nonparticipating tobacco companies make mandatory escrow payments for the states’ benefit. If Connecticut were not to “diligently” perform its contractual enforcement obligations, it could potentially lose its MSA money. In Connecticut, much of the required MSA enforcement work is done by a small, committed group of lawyers and staff within the Office of the Attorney General, who have been funded through a designated Master Settlement Agreement enforcement fund, created in 2014. That fund has now been exhausted. These same assistant attorneys general have also been instrumental in the $438.5 million multistate settlement with JUUL over the company’s misrepresentations and youth-targeted marketing, the settlement forcing the U.S. Postal Service to stop delivering foreign contraband cigarettes, multistate efforts urging FDA to ban flavored e-cigarettes, and efforts urging film and TV producers and streaming services to curb tobacco imagery in popular media.
At Attorney General Tong’s urging, tobacco enforcement funding for the Office of the Attorney General was restored in the budget approved by the legislature’s Appropriations Committee last week.
Attorney General Tong has also supported increasing the use of settlement dollars to fund community-based tobacco and nicotine control and prevention efforts. The revenue package approved by the legislature’s Finance, Revenue and Bonding Committee last week restores the state’s current $12 million annual commitment for such efforts in each of the next two fiscal years.
“The multistate tobacco settlement has had profound impacts on public health—dramatically driving down youth smoking across the United States. But our work is not done. Look no further than our recent settlement with vaping giant JUUL Labs and Big Tobacco’s efforts there to lure new generations of youth into a lifetime of nicotine addiction. We must remain vigilant, and to do that, we need to invest—both in enforcement here within the Office of the Attorney General—and in the public health experts and advocates leading efforts on the ground to curb harmful tobacco and nicotine use. I am grateful to the leadership of the Appropriations and Finance Committees for maintaining the state’s commitments in both these areas,” said Attorney General Tong.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, April 27, 2023
ATTORNEY GENERAL TONG CALLS ON PUBLIC UTILITIES REGULATORY AUTHORITY TO REJECT “BLOATED, UNSUPPORTED” RATE HIKE, SEEKS $2 MILLION ANNUAL PENALTY OVER UNITED ILLUMINATING FAILURE TO REMEDIATE NEW HAVEN ENGLISH STATION
(Hartford, CT) – Attorney General William Tong today called on the Public Utilities Regulatory Authority to reject a “bloated, unsupported” $130.7 million rate hike sought by United Illuminating, and to further impose a $2 million annual penalty for the company’s ongoing failure to remediate the former English Station power plant in New Haven.
United Illuminating is requesting to raise electric rates by as much as 8 percent over three years, increasing its revenues by $91.1 million in the first year alone, followed by an additional $20.1 million in the second year, and yet another $19.5 million in the third year. New rates would take effect after September 2023.
Attorney General Tong’s brief identifies numerous areas where the utility is seeking to shift inflated, inappropriate costs onto ratepayers, including subsidized dog walking for employees working from home, “loyalty” bonuses for workers, advertising and membership fees, and an increased profit margin far exceeding the return on equity for any publicly regulated utility in Connecticut, among many other areas.
“On September 9, 2022—at a time when its customers were struggling to afford their skyrocketing electric bills—UI filed a bloated, unsupported proposal to increase its electric distribution rates by $136.5 million* over the next three years. During the next seven months of administrative litigation before PURA, the Company failed to meet its burden to justify its exorbitant rate increase proposals, despite answering over 1,800 interrogatories from stakeholders, testifying over the course of 15 total evidentiary hearings, and answering 145 Late-Filed Exhibits. The Company failed to demonstrate, as it must, that its proposed distribution rate hike up to 8 percent in the first rate year is necessary to provide safe, adequate, and reliable electric service,” Attorney General Tong states in the brief.
*United Illuminating initially sought a $136.5 million increase. They subsequently amended their request to $130.7 million.
English Station
English Station operated as a coal and oil-fired power plant for United Illuminating from 1929 until it was deactivated in 1992, leaving behind a site extensively contaminated with polychlorinated biphenyls (PCBs), a known carcinogen, heavy metals, and other contaminants.
United Illuminating is obligated by a 2015 PURA order to remediate certain environmental conditions at English Station regardless of cost. UI was required to do so within three years of a 2016 Partial Consent Order between United Illuminating and the State. Since then, the company has made little to no progress, including failing to secure the site so that individuals vandalized the property exposing themselves to harmful contaminants well after the property was supposed to be remediated. The company has cycled through six project managers, who appear to lack any meaningful decision-making authority, contrary to PURA’s directive in the matter.
“UI committed to fully remediate the English Station site within three years…These commitments were made to the State in the Partial Consent Order and to the Authority as a condition of its proposed acquisition by Iberdrola. UI has failed utterly in those commitments. Seven years later, UI has spent less than $17 million—the accounting for which DEEP has neither approved nor accepted—and the site remains a contaminated blight on the residents of New Haven who were promised better. There remains no completion date in sight,” Attorney General Tong states in the brief.
PURA “should send a message that this continued delay will no longer be tolerated. UI’s continued failure to make reasonable progress is not an accident—it represents a deliberate corporate policy of indifference to the residents of New Haven, the State, and to this Authority…. A 20 basis point penalty represents approximately $2 million each year…This ROE penalty should continue until the site is fully remediated, and DEEP has so certified,” the brief states.
Lauren Bidra, Deputy Section Chief of the Consumer Protection Section for Energy, Assistant Attorneys General John Wright and Lori DiBella, Michael Wertheimer, Deputy Associate Attorney General & Chief of the Consumer Protection Section, Matthew Levine, Deputy Associate Attorney General & Chief of the Environment Section and Legal Intern Caroline McCormack assisted the Attorney General in this matter.
Benton, Elizabeth
Please forgive the incorrect link in the prior release. This release now has the correct brief linked.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, May 2, 2023
ATTORNEY GENERAL TONG CONTINUES FIGHT TO PROTECT MEDICATION ABORTION ACCESS
(Hartford, CT) –Attorney General William Tong continued his efforts to protect access to medication abortion in an amicus brief filed in the U.S. Circuit Court of Appeals for the Fifth Circuit. Joining with a multistate coalition, Attorney General Tong argues that the decision issued by a district court judge in the U.S. District Court for the Northern District of Texas would do serious harm to Americans’ access to the medication abortion drug, mifepristone. This amicus brief is part of Attorney General Tong’s ongoing fight to protect our rights to privacy, health care options, and medication abortion access.
“Medication abortion is safe, legal, and accessible in Connecticut. We’re fighting in every forum, at every step of this case to make sure it stays that way, and to protect the rights and bodily autonomy of women and patients everywhere,” said Attorney General Tong.
In the amicus brief filed by Attorney General Tong and a coalition of 24 attorneys general in Alliance for Hippocratic Medicine v. FDA, the coalition argues that the FDA’s determination that the medication abortion drug mifepristone is safe and effective is supported by an overwhelming medical consensus developed over more than two decades of use. The coalition also argues that the FDA’s subsequent regulatory actions, including authorizing the generic version of mifepristone, permitting qualified clinicians other than physicians to authorize its usage, and enabling its distribution by mail, are all backed by solid evidence.
The coalition urges the U.S. Court of Appeals for the Fifth Circuit to reverse the lower court ruling and notes that if it is allowed to stand, it will harm millions of Americans, with underserved groups, including women of color, low-income women, people with disabilities, and LGBTQ individuals, being hardest hit.
Joining Attorney General Tong in filing today’s amicus brief in Alliance for Hippocratic Medicine v. FDA are the attorneys general of Arizona, California, Colorado, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.
Medication abortion is safe, legal, and accessible in Connecticut. Attorney General Tong issued a formal opinion on April 14 ensuring there would be no ambiguity as to patients’ rights to access abortion, providers’ ability to prescribe mifepristone, and the state’s ability to cover mifepristone under its Medicaid program.
###
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, May 4, 2023
ATTORNEY GENERAL TONG ANNOUNCES DISTRIBUTION OF $141 MILLION SETTLEMENT TO MILLIONS OF LOW-INCOME AMERICANS DECEIVED BY TURBOTAX OWNER INTUIT
Consumers to Receive Checks in the Mail from Multistate Settlement Without Needing to File a Claim
(Hartford, CT) – Attorney General William Tong today announced that consumers deceived by TurboTax owner Intuit into paying for free tax services will begin receiving checks from a $141 million multistate settlement announced in May 2022.
Approximately 4.4 million consumers nationwide will receive checks in the mail from the multistate settlement. In Connecticut, 41,735 consumers will receive checks totaling more than $1.27 million. Eligible consumers will be contacted by email about the settlement. Checks will be mailed throughout May 2023.
“TurboTax deceived consumers into paying for tax services that were aggressively marketed as free. Our settlement secured $141 million in restitution for millions of low-income Americans. This month, tens of thousands of consumers across Connecticut will receive checks in the mail totaling more than $1.27 million through our settlement. If you are eligible, you will be notified via email and you will receive a check in the mail automatically. There is no need to file a claim,” said Attorney General Tong.
All 50 states and the District of Columbia have signed onto the agreement.
Eligible consumers include those who paid to file their federal tax returns through TurboTax for tax years 2016, 2017, and 2018 but were eligible to file for free through the IRS Free File Program. Consumers who are eligible for a payment will be notified by email by the settlement fund administrator, Rust Consulting. These consumers will receive a check in the mail automatically, without filing a claim. Checks are expected to be mailed out starting next week.
The amount each consumer receives will be based on the number of tax years for which they qualify. Most consumers are expected to receive between $29 and $30. For more information about who is covered by the settlement, and information about the settlement fund, please visit www.AGTurboTaxSettlement.com.
Assistant Attorney General Brendan Flynn and Michael Wertheimer, Deputy Associate Attorney General & Chief of the Consumer Protection Section assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, May 5, 2023
ATTORNEY GENERAL TONG ANNOUNCES ENFORCEMENT ACTION AGAINST DECEPTIVE HOME WARRANTY COMPANY
(Hartford, CT) – Attorney General William Tong today announced that Integrity Admin Group, Inc. will pay $10,000 and end its misleading marketing practices following an investigation by the Office of the Attorney General into the company’s home warranty notices.
An investigation showed that Integrity Admin Group attempted to lure homeowners into paying for services through misleading, high-pressure mailings. The letters sought to create a false sense of urgency, with phrases like “final notice,” and “immediate response requested.” They threatened “finance charges” and falsely warned that the homeowner would be “financially liable” unless they purchased a warranty. The letters falsely implied that the homeowner already had a home warranty that would expire if they did not immediately contact the company. Some letters contained a fake “voucher” made to look like a check that could be immediately redeemed.
In a settlement reached this week, Integrity Admin Group has agreed to pay $10,000 and has committed to a series of injunctive terms ending their deceptive marketing practices. The company must cease stating or implying in any way that they are associated with any mortgage lender or government entity, must cease stating without factual basis that a customer currently has a home warranty that will expire, must cease references to false deadlines and final notices, and may not send documents falsely resembling checks.
“Integrity Admin Group attempted to lure consumers into purchasing home warranties through a series of high-pressure lies. Our settlement today puts a stop to these manipulative mailers, and sends a strong warning to any other company engaging in these types of deceptive practices. If you receive a home warranty notice with these types of misleading claims, do not respond and file a complaint with my office,” said Attorney General Tong.
A home warranty is a type of service contract, also called an extended warranty, that promises to pay out money in the event a homeowner needs to repair or replace components in their home. While some home warranty companies may offer legitimate services, consumers should be cautious. Home warranties may cost hundreds of dollars per year but not provide the coverage homeowners expect, may cover items that are already warrantied, and may impose high deductibles and service fees.
Consumers considering a home warranty may wish to consider the following advice:
• Don’t confuse a home warranty with homeowner’s insurance, which mortgage lenders typically require. Homeowner’s insurance covers property damage or liability in the event of an accident; a home warranty generally only provides for repairs or replacement to certain items in your home such as appliances.
• Consider whether you need a warranty. Is there already a manufacturer’s warranty on big-ticket items such as appliances? Does the credit card you used to purchase an appliance provide a warranty? If you built a new home, is the builder’s warranty still in effect?
• Decide whether it makes financial sense to buy a warranty. What is the cap on what the company will pay out when you need it? Do the premiums, deductibles, and service fees exceed what it would cost you to repair or replace items on your own?
• Read the fine print. Are there exclusions that make the warranty less useful, such as for damage caused by wear and tear, manufacturer defects, or natural disasters? Does the warranty provide for replacement of damaged items, or only repairs? Do you get to choose the contractor who makes the repair?
• Look for consumer reviews about the warranty company. The Better Business Bureau (BBB) is a good place to look: have others reported difficulties with customer service, or getting the warranty company to pay claims?
• Above all, do not be pressured to sign up on the spot.
Consumers may file a complaint with the Office of the Attorney General online here: https://www.dir.ct.gov/ag/complaint/
Assistant Attorney General Joseph Gasser, Legal Investigator Caylee Ribeiro, and Deputy Associate Attorney General Michael Wertheimer, Chief of the Consumer Protection Section assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, May 5, 2023
(Hartford, CT) – Attorney General William Tong and Vanessa Roberts Avery, United States Attorney for the District of Connecticut today announced that Dr. Evelyn Llewellyn has entered into a civil settlement agreement with the federal and state governments in which she will pay $658,294 to settle allegations that she received payments from the Medicare and Medicaid programs for psychology services that were not provided.
“Misuse of public healthcare dollars undermines public trust and depletes vital support for patients in need. I thank our Government Program Fraud Section and our partners in state government and the U.S. Attorney’s Office for their diligent work each and every day to protect the integrity of our Medicare and Medicaid programs,” said Attorney General Tong.
Llewellyn is a psychologist licensed by the State of Connecticut. She is married to Dr. Michael Lonski, PhD, who is also a psychologist licensed by the State of Connecticut. Llewellyn and Lonski maintained separate medical practices in psychology operated out of their home offices in Greenwich. Lonski was responsible for submitting claims for reimbursement to insurance programs, including Medicare and Medicaid, for the psychology services allegedly performed by Lewellyn and Lonski.
The government alleges that Llewellyn received payment for claims submitted by Lonski to the Medicare and Medicaid programs for psychology services allegedly provided by Llewellyn to Medicare and Medicaid beneficiaries that were, in fact, not provided.
To resolve the governments’ allegations, Llewellyn has agreed to pay $658,294, which covers the time-period from November 11, 2014, through and including February 5, 2020.
On December 12, 2022, Lonski pleaded guilty in Hartford federal court to health care fraud. He is scheduled to be sentenced on June 13.
Attorney General Tong thanked the U.S. Health and Human Services Office of the Inspector General/Office of Investigations, the Office of the United States Attorney, the Federal Bureau of Investigation and the Medicaid Fraud Control Unit in the Office of the Chief State’s Attorney for their coordination in this matter.
Anyone with knowledge of suspected fraud or abuse in the public healthcare system is asked to contact the Attorney General’s Government Program Fraud Section at 860-808-5040 or by email at ag.f...@ct.gov; the Department of Social Services fraud reporting hotline at 1-800-842-2155, online at www.ct.gov/dss/reportingfraud, or by email to provider...@ct.gov, or by calling 1-800-HHS-TIPS.
Assistant Attorney General Joshua Jackson, Forensic Fraud Examiner Peter Harrington, and Gregory K. O’Connell, Chief of the Government Program Fraud Section assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, May 8, 2023
ATTORNEY GENERAL TONG LEADS 16 STATES IN SOUNDING ALARM OVER PERVASIVE PLASTIC MICROFIBER POLLUTION, CALLS ON EPA TO PROTECT PUBLIC HEALTH AND OCEAN SAFETY
Environment is Choked by Plastic Microfibers
Endocrine Disrupters in Plastics Connected to Cancer, Infertility, Diabetes, Obesity, Asthma, Autism
Simple Technology Already Deployed in Other Countries Filters Out Microfibers in Wash Cycle
(Hartford, CT) – In a letter today to the U.S. Environmental Protection Agency and the National Oceanic and Atmospheric Administration, Attorney General William Tong led 16 states in sounding the alarm over pervasive plastic microfiber pollution, urging EPA and NOAA to use the full extent of their authority to protect public health and the safety of our oceans.
Synthetic clothing sheds tiny plastic strands – called “microfibers” – when it is washed. It is estimated that approximately 640,000 to 1,500,000 plastic microfiber pieces are shed per wash cycle. It is estimated that the United States and Canada pollute an estimated 878 tons of microfibers into the aquatic environment each year. As a result of the inescapable concentration of plastic microfibers in the world’s water, it is estimated that, globally, the average person may consume a credit card’s worth of plastic every week.
Plastic microfibers shed from synthetic clothing during wash cycles are now a main source of microplastic pollution in the world’s water. The pollution is so pervasive that researchers have identified these plastics in fish and shellfish for sale for human consumption across the globe, and in the most remote oceans, including the North and South Poles and the Marianas Trench.
These microfibers likely act as endocrine disruptors. Research reflects that the consumption and inhalation of microplastic and microfibers can be associated with hormonal cancers, reproductive problems including infertility, metabolic disorders including diabetes and obesity, asthma, and neurodevelopmental disorders including autism.
Simple technology already exists and is required in other countries to trap and filter plastic microfibers in the wash cycle before they enter our waterways. Research suggests these technologies can successfully filter out as much as 75 percent of microplastics in each wash cycle.
“Plastic microfibers are a pervasive, toxic pollutant with potential to cause severe harm to human health and our environment. Simple technology exists and is already required overseas to trap these plastics before they enter our waterways and ultimately our bodies. The United States is lagging where we should be leading globally on this emerging global threat. We’re calling on EPA and NOAA to follow its own research and use the full extent of its authority to protect public health and the safety of our oceans,” said Attorney General Tong.
The EPA is aware of this problem and potential solutions. In a 2020 report titled What You Should Know About Microfiber Pollution, the EPA highlights plastic microfibers from synthetic clothing as a “major source of plastic pollution” containing “toxic chemicals” and notes harm to aquatic organisms. The EPA further notes microfiber filtration systems installed in washing machines can prevent a substantial portion of microfibers from entering, and polluting, the waterways and environment. Further, in 2023, the EPA issued a Draft National Strategy to Prevent Plastic Pollution, which recognizes the problem of plastic microfibers, and the need to fund more research into microfiber capture technologies including washing machine microfiber filtration systems.
Global awareness of this pervasive pollutant is growing, and several nations have implemented or are considering similar regulations. The United States should lead the field on this issue and take concrete steps to address the problem of plastic.
The EPA has already recognized the importance of utilizing washing machine filters in addressing the serious problem of microfibers. It is now time for the agency to act on its own recommendations. Specifically, the attorneys general urge EPA and NOAA to evaluate their authority under the Clean Water Act to regulate microfiber pollution, and to direct specific funding and research into both the environmental and human health harms caused by microfibers and into washing machine technology solutions.
Joining Attorney General Tong in today’s letter are the attorneys general of California, Delaware, District of Columbia, Illinois, Maryland, Michigan, Minnesota, Nevada, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin.
Assistant Attorney General Kaelah Smith and Deputy Associate Attorney General Matthew Levine, Head of the Environment Section, assisted the Attorney General in this matter.
Click here to view the letter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, May 9, 2023
ATTORNEY GENERAL TONG ANNOUNCES $560,718 FALSE CLAIMS SETTLEMENT WITH HOSPITAL OWNER AND MEDICAL GROUP
(Hartford, CT) – Attorney General William Tong and United States Attorney Vanessa Roberts Avery today announced that Northeast Medical Group (NEMG) and Yale New Haven Health Services Corp. (YNHH) have entered into a civil settlement agreement with the federal and state governments in which they will pay $560,718 to resolve allegations they overbilled the federal Medicare and Connecticut Medicaid programs.
Northeast Medical Group is a physician and associated provider group affiliated with Yale-New Haven Health Services Corp., which owns several hospitals, including Bridgeport Hospital. A whistleblower filed a lawsuit alleging that NEMG and YNHH had submitted false claims to Medicaid and Medicare for services purportedly provided at Bridgeport Hospital by doctors and mid-level providers – advance practice registered nurses and physician’s assistants – that were instead performed only by mid-level providers. Services provided by mid-level providers alone are reimbursed at lower rates. A joint state and federal investigation of the allegations followed.
The government alleges that NEMG and YNHH submitted claims to the federal Medicare and Connecticut Medicaid programs for physician rate services provided by lower-level providers, and that NEMG and YNHH knew or should have known about this improper billing and failed to take adequate steps to stop it. To resolve these claims, NEMG and YNHH have agreed to pay $560,718. Medicaid’s share of the settlement is $110,042.
The whistleblower will receive 19 percent of the total settlement, in the amount of $106,536. The case resolved by this settlement is captioned U.S. and Connecticut ex rel. Cadariu v. Northeast Medical Group et al. (Docket No. 19-cv-904).
“Northeast Medical Group and YNHH allegedly submitted hundreds of thousands of dollars of claims to government healthcare programs at rates they knew or should have known they were not owed yet failed to correct their inflated billing practices. I thank the whistleblower for stepping forward to report these dubious claims and to protect our public healthcare dollars,” said Attorney General Tong.
Anyone with knowledge of suspected fraud or abuse in the public healthcare system is asked to contact the Attorney General’s Government Program Fraud Section at 860-808-5040 or by email at ag.f...@ct.gov; or the Department of Social Services fraud reporting hotline at 1-800-842-2155, online at www.ct.gov/dss/reportingfraud, or by email to provider...@ct.gov.
Assistant Attorney General Rick Porter and Forensic Fraud Examiner Lisa Bailey, under the supervision of Gregory K. O'Connell, Chief of the Government Program Fraud Section, assisted the Attorney General in this matter. Assistant United States Attorney Sarah Gruber is prosecuting the case on behalf of the United States.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, May 10, 2023
ATTORNEY GENERAL TONG PRAISES BIPARTISAN HOUSE VOTE TO EXPAND FRAUD-FIGHTING AUTHORITY
(Hartford, CT) – Attorney General William Tong today praised a nearly unanimous 138-7 vote in the state House of Representatives to approve expanded authority for the Office of the Attorney General to fight fraud and abuse across state government.
“This nearly unanimous vote is a bipartisan victory for all taxpayers. Every public dollar, worker, program, and agency should be equally protected from fraud, abuse and corruption. That’s not the case in Connecticut today, but with this strong support from the House, we are a big step closer to full fairness and accountability,” said Attorney General Tong. “I am especially grateful to Rep. Matt Blumenthal who championed this bill as House Chair of the Government Administration and Elections Committee, and to Sen. Mae Flexer, Senate Chair of the Government Administration and Elections Committee, who is leading this effort in the Senate.”
In 2009, Gov. M. Jodi Rell signed into law Connecticut’s False Claims Act, giving the Office of the Attorney General authority to investigate and civilly prosecute fraud and abuse of taxpayer funds. Since then, the Office of the Attorney General, in conjunction with federal and state law enforcement partners, has recovered over $181 million in misspent public dollars. But Connecticut’s law is exceptionally weak—it applies only to spending in State-administered health or human services programs. Connecticut’s law is far more limited than any one of our bordering states.
Legislation proposed by Attorney General Tong seeks to expand the scope of Connecticut’s False Claims Act by removing provisions that limit application of these statutes to State-administered health or human services programs. More than one hundred different agencies, offices, and quasi-public agencies spend tax dollars on behalf of the government of the State of Connecticut. The current Connecticut False Claims Act covers programs at just nine agencies. The legislation would allow the Office of the Attorney General to pursue fraud and abuse of tax dollars anywhere in State government, while also protecting and encouraging those who step forward to report fraud and abuse in any State spending.
States with similar False Claims Act authority have successfully pursued cases involving wage theft and wage violations, false claims regarding minority contracting requirements, defective and shoddy equipment, false safety certifications regarding dangerous construction conditions, unreliable environmental testing results, and more.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, May 11, 2023
ATTORNEY GENERAL TONG SEEKS COURT ORDER TO FORCE STONE ACADEMY TO COMPLY WITH INVESTIGATION
(Hartford, CT) – Attorney General William Tong this week sought a court order to force Stone Academy to comply with the state’s ongoing investigation into potential violations of the Connecticut Unfair Trade Practices Act.
Attorney General Tong first launched the investigation on February 23, sending a civil investigative demand to Stone Academy after the nursing school abruptly closed its doors leaving students’ education plans in limbo. Stone has yet to fully comply with the demand.
“Full compliance with a state investigation is not optional. Stone cannot pick and choose which records to turn over, or where to search. We’re done waiting—we’re seeking a court order today to force Stone to follow the law,” said Attorney General Tong. “Stone took millions in tuition from students who poured countless hours away from their families and jobs to become nurses. We are putting everything we’ve got into this investigation, and will not hesitate to throw the book at any and every one responsible for this tragedy.”
Attorney General Tong’s demand to Stone sought detailed information and records regarding the education provided to and tuition collected from each student, the schools’ marketing practices, faculty qualifications, revenues, and accreditation materials, as well as all complaints received by the school. The demand to Stone also sought information regarding how and when the school decided to close and how that decision was communicated to students. The demand further sought detailed information as to how the school intends to reimburse students for tuition and costs, how it intends to assist students in continuing their education, and how it intends to inform students of their rights and options following the school closure.
Stone Academy has partially complied with that civil investigative demand, but remains deficient in several important areas, including failing to produce responsive materials from non-stone.edu servers and devices, failing to identify the search terms used to gather responsive documents, and failing to produce minutes for regular meetings on issues bearing on Stone’s operations.
Attorney General Tong has sought to secure compliance from Stone without resorting to a court order. Last month he sent a letter to Stone’s attorneys identifying various deficiencies and demanding a full and complete response. Stone remains out of compliance, leaving the Office of the Attorney General no option but to seek a court order.
This is the second time Attorney General Tong has had to seek a court order to force compliance with this investigation. Last month, Attorney General Tong sought a court order to force compliance from Stone owner Joseph Bierbaum and trustee Richard Scheinberg. The enforcement order is pending before Hartford Superior Court.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, May 16, 2023
ATTORNEY GENERAL TONG JOINS AMICUS BRIEF SUPPORTING OAKLAND AND SAN FRANCISCO’S EFFORTS TO HOLD BIG OIL ACCOUNTABLE FOR MISLEADING THE PUBLIC, WORSENING THE CLIMATE CRISIS
(Hartford, CT) -- Attorney General William Tong, joining a multistate coalition of 16 attorneys general led by California, filed an amicus brief in the Ninth Circuit Court of Appeals supporting the City of Oakland and the City and County of San Francisco’s efforts to hold major fossil fuel-producing companies accountable for their misleading actions that have worsened the climate crisis. In their consolidated case, City of Oakland v. BP et al., the California municipalities seek to hold fossil fuel companies accountable for misleading the public about the known dangers of fossil fuel combustion and exacerbating the effects of climate change. In the amicus brief filed today, the attorneys general ask the Ninth Circuit to uphold a federal district court ruling and allow the case to proceed in state court.
Connecticut has its own pending case against ExxonMobil, where the fossil fuel giant has similarly sought to move the case to federal court. Connecticut sued ExxonMobil in September 2020 under the Connecticut Unfair Trade Practices Act, alleging an ongoing, systematic campaign of lies and deception to hide from the public what ExxonMobil has known for decades—that burning fossil fuels undeniably contributes to climate change. Connecticut is seeking stop ExxonMobil’s lies, to hold ExxonMobil accountable for these unfair and deceptive practices, to force civil penalties, disgorgement of profiles, and full disclosure of their climate research.
The Office of the Attorney General has been fighting to keep the matter in state court, where it appropriately belongs. Connecticut is awaiting a decision by the U.S. Court of Appeals for the Second Circuit on that matter.
Last month, the U.S. Supreme Court declined the chance to review Circuit court decisions holding that comparable cases must proceed in state court when it denied oil companies’ petitions for certiorari in Suncor Energy v. Boulder and several similar cases.
“Big Oil is using the same playbook in cases across the country. The law is clear—these cases involve state law claims and they belong in state court,” said Attorney General Tong.
Although San Francisco and Oakland originally filed separate cases in state court in September 2017, the cases were removed to federal court and consolidated. The plaintiffs then filed a motion to remand the case to state court, which the federal district court initially denied. The Ninth Circuit reversed on appeal in May 2020, finding that Oakland and San Francisco’s state nuisance claims do not arise under federal law. Subsequently, the federal district court granted the plaintiffs’ renewed motion to remand the cases to state court. The case is currently pending in Ninth Circuit after the oil companies’ November 2022 appeal of the district court’s decision that ruled the suit belongs in state court.
In today’s amicus brief, the attorneys general argue that:
• States and municipalities play a vital role in protecting their citizens’ health and welfare from deceptive commercial conduct and environmental harms, including the local effects of climate change.
• State courts are entrusted with, and uniquely capable of, adjudicating state-law claims, even when state-law claims involve issues of national importance.
• Plaintiffs’ state-law claims do not raise a substantial issue of federal law, and fossil fuel companies’ contracts with the military do not entitle the companies to federal jurisdiction.
In filing the amicus brief, Attorney General Tong joined the attorneys general of California, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Washington, and the District of Columbia.
A copy of the brief can be found here.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, May 17, 2023
ATTORNEY GENERAL TONG ANNOUNCES SETTLEMENT OVER “PREMOM” OVULATION TRACKING APP’S DATA SHARING & PRIVACY PRACTICES
(Hartford, CT) – Attorney General William Tong announced today that Connecticut, Oregon, and the District of Columbia have obtained a $100,000 settlement with Easy Healthcare Corporation (“Easy Healthcare”) over data sharing and privacy practices associated with the company’s “Premom” ovulation tracking app. Connecticut will receive $33,333 from the settlement, which was negotiated and finalized in coordination with the Federal Trade Commission.
Easy Healthcare is an online provider of home healthcare products such as thermometers and pregnancy tests. In August 2020, the International Digital Accountability Council (“IDAC”) raised concerns that the company’s “Premom” app—an ovulation tracker, menstrual calendar, and fertility tool—shared sensitive user data with third parties through software development kits (“SDKs”) integrated within the app. In particular, IDAC observed that Premom shared user location data and device identifiers with two China-based companies flagged for suspect privacy practices without making appropriate disclosures or securing user consent. Easy Healthcare ceased use of the problematic SDKs shortly thereafter.
The states initiated an investigation that ultimately corroborated IDAC’s concerns, among other privacy and data security findings. As a result, Easy Healthcare has agreed to implement and maintain comprehensive privacy and information security programs, including specific requirements that the company:
• Collect personal information only for specified, legitimate necessary purpose(s) and refrain from using such information in any manner incompatible with those purpose(s);
• Make enhanced disclosures regarding its information collection practices;
• Refrain from sharing health or location information with third parties without user consent, and from sharing health information for third-party targeted advertising;
• Provide a method by which consumers can request deletion of their personal information;
• Conduct due diligence before retaining third parties and take steps to monitor their information collection;
• Perform a privacy risk assessment which specifically considers the risks that women face, or could face, due to privacy or security lapses related to the Premom app; and
• Undergo independent assessments of its privacy and data security practices.
“Given the intimate health data that apps like Premom collect and what that may reveal about when a pregnancy starts or stops, it is critical that user information is kept safe and private,” said Attorney General Tong. “Our settlement forces Easy Healthcare to adopt strict privacy requirements to ensure that its users’ information is appropriately protected.”
During settlement discussions, the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization placed the importance of reproductive health care privacy into exacting focus. While ovulation tracking apps like Premom are typically not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), many women rely on them to stay informed about their ovulation cycles and reproductive health—with surveys suggesting that nearly one-third of women in the U.S. use some kind of fertility tracking app. Given the intimate health data that these apps collect and what that may reveal about when a pregnancy starts or stops, it is critical that user information is kept safe and private.
Assistant Attorney General Aine DeMeo and Deputy Associate Attorney General Michele Lucan, Chief of the Privacy Section, assisted the Attorney General with this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, May 18, 2023
ATTORNEY GENERAL TONG LEADS BIPARTISAN COALITION OF 39 ATTORNEYS GENERAL TO PROTECT COMMUNITIES FROM THE DANGERS OF ILLICIT XYLAZINE
(Hartford, CT) -- Attorney General William Tong today led a bipartisan coalition of 39 attorneys general urging Congressional leadership to pass the Combating Illicit Xylazine Act (H.R.1839/S.993), which would provide critical measures to combat the widespread illicit use and trafficking of xylazine and help prevent xylazine-related deaths. Today’s letter comes following a surge in overdose deaths nationwide related to xylazine, a potent veterinary medication that has been widely mixed with opioids like fentanyl and is easily obtainable online. Over the past few months, multiple federal agencies, including the U.S. Drug Enforcement Administration (DEA) have issued public alerts about the dangers of xylazine. Most recently, the White House declared fentanyl-adulterated or -associated xylazine (FAAX) an “emerging threat” to the nation. The attorneys general of Florida, New York and Tennessee joined Attorney General Tong in leading this coalition.
“Illicit xylazine is a deadly emerging threat that we cannot afford to ignore. We need every tool of the federal government fully activated to save lives and stop the spread of this dangerous drug,” said Attorney General Tong.
Attorney General Tong is a leader in the nationwide fight to curb the opioid epidemic, securing more than $50 billion from the addiction industry for treatment and prevention. Connecticut alone will receive over $600 million to support evidence-based treatment, prevention, and recovery.
Xylazine is only approved by the U.S. Food and Drug Administration (FDA) as a veterinary medicine used to sedate and relieve pain in large animals. In humans, xylazine is known to depress breathing and heart rate, lower blood pressure, and cause unconsciousness, necrosis, and even death. Xylazine is not an opioid, thus existing medications like naloxone are not effective in reversing the drug’s effects even if used with opioids.
According to the DEA, there was a dramatic increase in xylazine-related overdose deaths across the United States between 2020 and 2021, with an increase of 1,127 percent in the Southern region, 750 percent in the Western region, 516 percent in the Mideast region, and 103 percent in the Northeast region. Additionally, in 2022, approximately 23 percent of fentanyl powder and seven percent of fentanyl pills seized by the DEA contained xylazine. To prevent the proliferation of FAAX in communities and keep people safe, Attorney General Tong and the coalition emphasized the importance of the measures outlined in the Combating Illicit Xylazine Act, which includes:
• Classifying the illicit use of xylazine as a Schedule III drug under the federal Controlled Substances Act;
• Allowing the DEA to track the manufacturing and sales of xylazine to ensure that it is not diverted;
• Requiring the U.S. Attorney General, acting through the DEA and in coordination with the FDA Commissioner, to submit a report to Congress detailing the prevalence, risks, and recommendations on how to regulate the illicit use of xylazine; and
• Ensuring all salts, isomers, and other forms of xylazine are also covered when restricting the drug’s illicit use.
Joining Attorney General Tong in sending today’s letter are the attorneys general of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, May 22, 2023
ATTORNEY GENERAL TONG DEFENDS FEDERAL RESTRICTIONS ON HANDGUN SALES TO INDIVIDUALS UNDER 21
(Hartford, CT) – Attorney General William Tong joined a coalition of 21 attorneys general filing an amicus brief with the U.S. Court of Appeals for the 5th Circuit defending the federal government’s longstanding prohibition on the sale of handguns and handgun ammunition by federally-licensed retailers to individuals under the age of 21.
The case, Reese v. ATF, involves young Louisiana residents Caleb Reese and Emily Naquin, as well as three gun lobbyist groups representing firearm manufacturers and owners. They are challenging federal age restrictions on handgun purchases that date back to 1968 and the passage of the Omnibus Crime Control and Safe Streets Act. Congress enacted the statutory restriction after finding at the time that individuals under the age of 21 accounted for a disproportionate share of violent crimes, including murder, rape, and aggravated assault.
The case was dismissed by a federal judge in Louisiana in late 2022. The matter is now before the 5th Circuit on appeal. In a similar challenge, a federal judge in Virginia last week struck down those same age restrictions. The U.S. Department of Justice is expected to appeal that ruling.
“This is yet another extremist challenge backed by the gun lobby seeking to erase longstanding, lifesaving public safety laws. The Second Amendment does not prohibit the government from enacting basic measures to prevent gun violence. We’re fighting alongside the federal government to defend our nation’s commonsense gun laws against this dangerous challenge,” said Attorney General Tong.
“We know all too well what tragedy can strike when access to dangerous firearms, including handguns, is unfettered. We have a long history of addressing this public health crisis with commonsense laws while still protecting Constitutional rights,” said Jeremy Stein, Executive Director of Connecticut Against Gun Violence.
The attorneys general argue that the Second Amendment allows governments to enact sensible and varied regulations to protect the public, including age-based restrictions on the purchase, possession or use of firearms. Although regulations vary based on each state’s needs, virtually every state has imposed some form of age-based regulations on firearms, and at least 19 states and the District of Columbia have imposed regulations mirroring the federal minimum age requirement of 21 to purchase handguns.
Joining Attorney General Tong in filing the amicus brief are the attorneys general of Arizona, California, Colorado, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Nevada, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, May 23, 2023
ATTORNEY GENERAL TONG STATEMENT REGARDING RUSSIAN SANCTIONS
(Hartford, CT) – Attorney General William Tong released the following statement regarding news that he and other attorneys general who condemned the January 6 insurrection and defended the legitimacy of the 2020 election against baseless legal challenges have been banned from Russia and subjected to financial restrictions.
Attorney General Tong has received no formal notification or explanation from Russia beyond news reports of this action. The New York Times quoted the Russian Foreign Ministry as stating its targets were “those in government and law enforcement agencies who are directly involved in the persecution of dissidents in the wake of the so-called storming of the Capitol.
“I will defend our country and our democracy against insurrection and sedition every chance I get. These outlandish sanctions are just further evidence of the role Putin has played in destabilizing our democracy and undermining public faith in the legitimacy of our elections. As far as I can tell, those of us on this list were targeted because we stood up to Trump and the terrorists and traitors he enabled when they tried to overturn the election and violently seize control of our government,” said Attorney General Tong. "The Russian Government targeting Connecticut's Attorney General with sanctions is beyond absurd, to be sure. But this action also reflects how desperate the Putin regime is to infect disinformation into every level of government in America, to legitimate their murderous war on the Ukrainian people, and prop up their pro-Russia puppets and assets in our country."
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, May 23, 2023
ATTORNEY GENERAL TONG SUES AVID TELECOM OVER ILLEGAL ROBOCALLS
(Hartford, CT) – Attorney General William Tong today sued Michael D. Lansky, LLC, which does business under the name Avid Telecom, its owner Michael Lansky, and its vice president Stacey S. Reeves, for allegedly initiating and facilitating billions of illegal robocalls to millions of people and violating the Telephone Consumer Protection Act, the Telemarketing Sales Rule, and other federal and state telemarketing and consumer laws. Avid Telecom sent or transmitted more than 7.5 billion calls to telephone numbers on the National Do Not Call Registry. More than 87.6 million of those calls were to numbers in Connecticut alone.
“Avid Telecom and its owners transmitted billions of illegal robocalls and enabled criminal spammers to prey on American families. In coordination with nearly every attorney general nationwide, we are suing today to shut down these fraud enablers and hold them accountable for the massive harm they have caused,” said Attorney General Tong.
“Not only are constant robocalls annoying, they are used to carry out scams and fraud against unsuspecting consumers,” said Department of Consumer Protection Commissioner Bryan T. Cafferelli. “If you answer a call from an unknown number, be wary. If the caller or pre-recorded message claims to be from a government agency such as the IRS or Social Security Administration, it is likely a scam. Typically, these agencies don’t make phone calls to individuals. Hang up immediately if they ask you for personal information, or to make a payment by gift card, wire transfer, or cryptocurrency.”
Avid Telecom is a Voice over Internet Protocol (VoIP) service provider that sells data, phone numbers, dialing software, and/or expertise to help its customers make mass robocalls. It also serves as an intermediate provider and allegedly facilitated or helped route illegal robocalls across the country. Between December 2018 and January 2023, Avid sent or attempted to transmit more than 24.5 billion calls. More than 90 percent of those calls lasted less than just 15 seconds, which indicates they were likely robocalls. Further, Avid helped make hundreds of millions of calls using spoofed or invalid caller ID numbers, including more than 8.4 million calls that appeared to be coming from government and law enforcement agencies, as well as private companies.
Avid Telecom allegedly sent or transmitted scam calls about Social Security Administration scams, Medicare scams, auto warranty scams, Amazon scams, DirecTV scams, credit card interest rate reduction scams, and employment scams. Examples of some of these scam calls are available to listen to here and here.
The USTelecom-led Industry Traceback Group, which notifies providers about known and suspected illegal robocalls sent across their networks, sent at least 329 notifications to Avid Telecom that it was transmitting these calls, but Avid Telecom continued to do so.
Today’s legal action arises from the nationwide Anti-Robocall Multistate Litigation Task Force of 51 bipartisan attorneys general. Connecticut is among 16 states on the Executive Committee leading this task force. The task force is investigating and taking legal action against those responsible for routing significant volumes of illegal robocall traffic into and across the United States.
In August 2022, the Task Force issued civil investigative demands to 20 gateway providers and entities responsible for a majority of foreign robocall traffic into the country, including Lansky LLC and Avid Telecom. When Lansky and Avid refused to respond, the Task Force filed an enforcement action to compel the company to cooperate with the investigation.
Other investigations by the Task Force remain active and ongoing.
Attorney General Tong offers the following tips to avoid scams and unwanted calls:
∙ Be wary of callers who specifically ask you to pay by gift card, wire transfer, or cryptocurrency. For example, the Internal Revenue Service does not accept iTunes gift cards.
∙ Look out for prerecorded calls from imposters posing as government agencies. Typically, the Social Security Administration does not make phone calls to individuals.
∙ If you suspect fraudulent activity, immediately hang up and do not provide any personal information.
Attorney General Tong is joined in filing today’s complaint by the Attorneys General of Alabama, Arizona, Arkansas, California, Colorado, D.C., Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. The Federal Trade Commission and the Social Security Administration’s Office of the Inspector General also provided investigative assistance in this matter.
A copy of the complaint is available here.
Assistant Attorney General Kim McGee, under the supervision of Associate Attorney General Michael Wertheimer, Chief of the Consumer Protection Section assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, May 24, 2023
ATTORNEY GENERAL TONG ANNOUNCES $400K SETTLEMENT WITH WATERBURY NATUROPATH AND PRACTICE TO RESOLVE ALLEGATIONS OF FALSE CLAIMS AND IMPROPER BILLING
(Hartford, CT) – Attorney General William Tong and United States Attorney Vanessa Roberts Avery today announced a $399,440 settlement with Waterbury naturopath Marcos DeEscobar and his company Corebella Health, LLC to resolve allegations that they submitted false claims to, and received overpayments from, Medicare and the Connecticut Medicaid programs.
Corebella Health, LLC (“Corebella”) is a practice that provides medical and wellness services to patients in Waterbury. DeEscobar is a naturopath and the owner of Corebella. The allegations against Corebella and DeEscobar arise out of improper billing for allergy immunotherapy preparation, and office visits, also known as evaluation and management (“E&M”) services.
Services performed by a nurse practitioner are typically reimbursed by Medicare and Medicaid at a lower rate than those performed by a physician. There are circumstances where nurse practitioner services are considered “incident-to” physician services, and may be properly billed and reimbursed at the higher physician rate. Among other requirements, incident-to services require a certain level of physician supervision. The state and federal governments allege that Corebella and DeEscobar submitted, or caused to be submitted, false claims to Medicare and Medicaid for services that were supposedly rendered by physicians. In reality, the services were rendered by nurse practitioners, did not meet incident-to supervision requirements, and should not have been reimbursed at the higher physician rate.
When billing for the preparation and provision of allergy immunotherapy, providers must specify the number of units prepared for the patient. The state and federal governments allege that Corebella and DeEscobar received overpayments from Medicare and Medicaid for allergy immunotherapy preparation services by submitting claims for more units than were actually prepared.
Medicare and Medicaid generally consider E&M services that occur on the same day as a procedure to be part of the work of the procedure, and do not allow a separate payment for the office visit. However, when a significant, separately identifiable service is performed by the same physician on the same date of the procedure, the provider can use “Modifier 25” to bill for both the procedure and the E&M services. The state and federal governments allege that Corebella and DeEscobar caused improper claims to be billed to Medicare and Medicaid by adding Modifier 25 to E&M claims when providing allergy injections when, in fact, no significant, separately identifiable E&M services were provided.
To resolve their liability, Corebella and DeEscobar will pay $399,440.55 to the state and federal governments for conduct occurring between January 1, 2016, through December 31, 2018.
“It is alleged that De Escobar and Corebella systematically overbilled Connecticut’s Medicaid program. I thank HHS-OIG and our partners at the United States Attorney’s Office for their coordination and assistance in this matter. Abuse of taxpayer dollars is never acceptable, and we will not hesitate to use the full weight of our authority to protect our public healthcare programs,” said Attorney General Tong.
Anyone with knowledge of suspected fraud or abuse in the public healthcare system is asked to contact the Attorney General’s Government Program Fraud Section at 860-808-5040 or by email at ag.f...@ct.gov; the Medicaid Fraud Control Unit at 860-258-5986 or by email at con...@ct.gov; or the Department of Social Services fraud reporting hotline at 1-800-842-2155, online at www.ct.gov/dss/reportingfraud, or by email to provider...@ct.gov.
Assistant Attorney General Joshua L. Jackson, as well as Forensic Fraud Examiners Kevin Jeffko and Lisa Bailey, under the supervision of the Chief of the Government Fraud Section, Gregory K. O’Connell, assisted the Attorney General with this matter. Attorney General Tong also acknowledged the assistance of retired Assistant Attorney General Michael E. Cole.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, May 30, 2023
ATTORNEY GENERAL TONG STATEMENT ON APPEALS COURT DECISION ENABLING PURDUE SETTLEMENT TO PROCEED
(Hartford, CT) – Attorney General William Tong today issued a statement following a decision by the U.S. Circuit Court of Appeals for the Second Circuit overturning a U.S. District Court ruling that vacated a Purdue bankruptcy order over its reliance on so-called “nonconsensual third-party releases” forcing states and other parties to grant unprecedented lifetime legal immunity to the Sackler family.
The U.S. District Court ruling from Judge Colleen McMahon ultimately paved the way for Attorney General Tong and eight other dissenting attorneys general to negotiate a settlement forcing Purdue and the Sacklers to pay $6 billion to victims, survivors and states, to permanently exit the global opioid business, and to force the Sacklers to reckon face-to-face with victims and survivors at a public hearing. Today’s decision enables the settlement to proceed and allows for the consummation of the bankruptcy plan.
As part of that settlement, Connecticut did not participate in the appeal before the Second Circuit. Should this matter come before the U.S. Supreme Court, Connecticut has reserved its right to continue its opposition to third-party releases. Attorney General Tong testified in 2021 before the House Judiciary Subcommittee on Antitrust, Commercial, and Administrative Law in support of reforms to bankruptcy laws that would prohibit non-bankrupt individuals and businesses from exploiting loopholes in the bankruptcy code to evade accountability.
“Purdue and the Sackler family destroyed thousands of lives in their relentless pursuit of profit. They cravenly sought to hide behind country’s broken bankruptcy code to escape justice and shield their blood money. The U.S. District Court refused billionaire wrongdoers the right to exploit our bankruptcy laws, and we will firmly stand behind that decision should this matter come before the U.S. Supreme Court. I believe Judge McMahon was right in the District Court. Non-consensual third-party releases are wrong, and I believe the law should not, and does not permit them. But the Second Circuit decided otherwise. What this decision does not change is the fact that Connecticut led our sister states to a $6 billion settlement that will fund critical treatment and prevention efforts across the country, and will give direct relief to families of victims and survivors of addiction,” said Attorney General Tong. “Our settlement was both significant and imperfect—there will never be enough justice to match the depths of pain and suffering the Sackler family caused. But we recognized that we had pushed this as far as we could, and that it was necessary to get communities, victims and their families the resolution and billions of dollars funding desperately needed to save lives and fight the opioid epidemic.”
Connecticut first filed suit against Purdue and individual members of the Sackler family in 2018, alleging that the company and family peddled a series of falsehoods to push patients toward its opioids, reaping massive profits while opioid addiction skyrocketed. Connecticut expanded and amended that suit in 2019 to add additional defendants and allegations, including the fraudulent transfer of hundreds of millions of dollars from Purdue Pharma to the Sacklers to shield their wealth from accountability.
Purdue Pharma filed for bankruptcy in September 2019. In 2021, the bankruptcy court approved an inadequate Purdue bankruptcy plan that granted a lifetime legal shield to the Sackler family, unlawfully blocking states like Connecticut from pursuing claims against the family. The plan required the Sackler family to pay $4.3 billion over nine years to the states, municipalities and plaintiffs that sued the company. California, Connecticut, Delaware, Maryland, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia objected to and ultimately appealed the plan. The United States Trustee, an arm of the Department of Justice, also appealed.
In December 2021, the U.S. District Court vacated the Purdue bankruptcy order, agreeing with the non-consenting states that the bankruptcy court lacked authority to force states to release their claims against the Sackler family.
Settlement highlights include:
• The Sackler families must pay $6 billion to the states—$1.675 billion and nearly 40 percent more than the initial bankruptcy plan. The final payments are spread over 18 years, with larger payments frontloaded so that State will receive more money, sooner as compared to the previous bankruptcy plan.
• Connecticut will receive approximately $95 million from the settlement which will be used to fund opioid treatment and prevention. The agreement authorizes Connecticut to use a portion of the settlement funds to establish an Opioid Survivors Trust to directly aid survivors and victims of the opioid epidemic.
• The Sackler families must apologize for their role in the opioid epidemic, and to the victims whose lives have been devastated.
• The Sackler family must allow institutions to remove the family name from buildings, scholarships, and fellowships.
• As a result of the settlement, Sacklers participated in a public hearing in March 2022 where victims and their survivors were given an opportunity to directly address the family.
• Purdue must make public additional documents previously withheld as privileged legal advice, including legal advice regarding advocacy before Congress, the promotion, sale, and distribution of Purdue opioids, structure of the Purdue Compliance Department and its monitoring and abuse deterrence systems, and documents regarding recommendations from McKinsey & Company, Razorfish, and Publicis related to the sale and marketing of opioids.
• The settlement was conditioned upon approval by the bankruptcy court, on the Second Circuit’s reversal of the District Court’s order, and consummation of the bankruptcy plan.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, June 1, 2023
ATTORNEY GENERAL TONG REFUTES STONE ACADEMY MISDIRECTION, CALLS ON SCHOOL LEADERS TO PUT "ALL OF THEIR MONEY ON THE TABLE" TO MAKE HORRIBLE SITUATION RIGHT FOR HUNDREDS OF STUDENTS
Attorney General Tong to Stone Academy: “There are no easy political and public relations solutions that will help Stone now. This is a law enforcement matter”
(Hartford, CT) – Attorney General William Tong today thoroughly refuted efforts by Stone Academy to re-write history, to falsely blame its mismanagement and abrupt closure on state officials, and to shirk responsibility for the serious harm they have inflicted on their nursing students. In a letter to Stone Academy’s attorney Perry Rowthorn, Attorney General Tong denounces the company’s calculated maneuvers and aggressive public relations campaigns designed to obfuscate and mislead the public, its own students, state officials and lawmakers.
“Stone is the bad actor here, and it is Stone and its ownership and management who engaged in what is clearly a long-running course of misconduct. Stone unilaterally shut down and stranded its students and graduates. There are no alternative facts here. This is a fact beyond dispute. No amount of misdirection is going to change that, and Stone’s attempts to blame its misconduct and decision to shut down on its state and federal regulators is as absurd as a driver who is prosecuted for driving 100 miles an hour blaming his arrest on the state trooper who pulled him over,” Attorney General Tong states.
Attorney General Tong’s letter goes on to detail the precise timeline of engagement between Stone Academy, the State Office of Higher Education, and the U.S. Department of Education leading up to Stone’s own hasty decision to shut its operations with no plan to assist its students in completing their education.
Attorney General Tong’s letter further details Stone’s actions since its abrupt closure to avoid legal and financial responsibility for the mess it created. Attorney General Tong’s letter responds to an inadequate so-called “teach-out plan” drafted by Stone to deflect blame for its own failures. Stone has refused to disclose the identity of the institution that would carry out the plan, and has said nothing about who would pay for the plan, how many students could be accommodated, and how they would be identified.
“The so called 'teach-out plan' described in the May 12th letter lacks any meaningful details and, critically, no real financial commitment to make this right for Stone’s students and graduates. Instead, the May 12th letter feels like another public relations ploy to deflect and avoid blame prior to completion of the formal student record review,” Attorney General Tong states.
Attorney General Tong is leading an active investigation into potential violations of the Connecticut Unfair Trade Practices Act by Stone Academy and its leaders. Attorney General Tong has sought court orders to force compliance with this investigation and will continue to take all appropriate measures to pursue this matter aggressively.
Stone Academy has sought discussions to resolve the State’s pending investigation and potential claims against Stone, yet the company and its leaders continue to withhold basic information from the State that would be necessary to commencing any such discussions, including financial disclosures.
“I will not consider any resolution until Stone and its members and affiliates answer all of the requests for information set forth in the pending Civil Investigative Demands, and fully disclose all financial information that I have separately requested. I can only interpret Stone's failure to provide this information to mean that it is not serious about resolution of the state’s investigation and claims,” Attorney General Tong states in the letter.
Attorney General Tong concludes with a stern warning to Stone’s counsel that the Office of the Attorney General will continue to “aggressively pursue Stone, its members and affiliates, to hold them accountable and to help and vindicate the students Stone has abandoned.”
“There are no easy political and public relations solutions that will help Stone now. This is a law enforcement matter. The only way forward for Stone and its principals is to put all of their money on the table and do everything they can to make this horrible situation right,” Attorney General Tong concludes.
Click here for the full letter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, June 1, 2023
ATTORNEY GENERAL TONG STATEMENT ON DECISION DENYING TEMPORARY RESTRAINING ORDER IN CHALLENGE TO CONNECTICUT ASSAULT WEAPONS BAN
(Hartford, CT) – Attorney General William Tong issued the following statement regarding a decision today denying the plaintiff’s motion for a temporary restraining order in the case filed by the Connecticut Citizens Defense League seeking to repeal the state’s assault weapons ban.
In her decision, Judge Janet Bond Arterton found the plaintiffs have no standing to seek a temporary restraining order. The plaintiffs’ motion for a preliminary injunction remains pending. A second similar challenge filed by the National Association for Gun Rights also remains pending.
“We cannot and will not allow these weapons of war back into our schools, our houses of worship, our grocery stories, or on our streets. Connecticut’s assault weapons ban saves lives. It is fully lawful, has withstood legal challenge before, and I will vigorously defend it against any and every one of these baseless and reckless challenges,” said Attorney General Tong.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Thursday, June 1, 2023
ATTORNEY GENERAL TONG STATEMENT ON U.S. SUPREME COURT DECISION AFFIRMING ROBUST, FAIR READING OF FALSE CLAIMS ACT
(Hartford, CT) – Attorney General William Tong praised a unanimous decision by the U.S. Supreme Court that affirmed a robust and fair reading of the False Claims Act (FCA).
Earlier this year, Attorney General Tong led a bi-partisan effort in filing a brief on behalf of 33 states arguing that the Supreme Court should interpret “knowingly” under the FCA to allow evidence of what a provider subjectively knew based on relevant guidance issued by state Medicaid agencies.
In the consolidated cases of United States ex rel. Tracy Schutte, et al v. SuperValu, Inc. (No. 21-1326) and United States ex rel. Thomas Proctor v. Safeway, Inc. (No. 22-111), the Supreme Court ruled that a retail pharmacy chain that subjectively believed that their discounted drug prices were the “usual and customary” prices, but nevertheless took steps to prevent Medicaid and Medicare from finding out, could be held liable under the FCA for knowingly submitting false claims for payment to the government.
“The U.S. Supreme Court today affirmed a robust and fair reading of the False Claims Act, vacating a federal appellate court ruling that misconstrued the definition of ‘knowing’ under the Act and jeopardized the integrity of state Medicaid operations. A strong interpretation of the False Claims Act is vital for the protection of taxpayer dollars, and I am grateful for this decision today on behalf of Connecticut taxpayers and Medicaid beneficiaries,” Attorney General Tong said.
Attorney General Tong was assisted in this matter by Connecticut Solicitor General Joshua Perry, Deputy Associate Attorney General Gregory O’Connell, Assistant Attorneys General Eric Babbs and Karla Turekian, and Administrative Assistant Lynn Strobel.
A copy of the decision can be found here.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, June 2, 2023
ATTORNEY GENERAL TONG ANNOUNCES $102.5 MILLION SETTLEMENT WITH SUBOXONE MAKER FOR ALLEGED ILLEGAL MONOPOLY TACTICS
(Hartford, CT) –Attorney General William Tong announced a $102.5 million multistate settlement with 42 states and the maker of Suboxone, Indivior Inc. over alleged illegal monopoly tactics. Connecticut will receive $1.78 million from the settlement.
“Indivior tweaked its product to illegally preserve its drug monopoly. Our investigation—in coordination with nearly every attorney general nationwide—alleged that Indivior restrained competition that could have made this lifesaving opioid dependency treatment more affordable and available for patients in need. Today’s settlement recovers millions of dollars nationwide, including $1.78 million for Connecticut, and enforces critical reforms to ensure fair competition in this important market,” said Attorney General Tong.
In 2016, the States filed a complaint against Indivior Inc. alleging that they used illegal means to switch the Suboxone market from tablets to film while attempting to destroy the market for tablets, in order to preserve its drug monopoly. Trial had been set for September 2023.
The agreement, which will be submitted to the court in the Eastern District of Pennsylvania for approval, requires Indivior to pay the states $102.5 million. Indivior is also required to comply with negotiated injunctive terms that include disclosures to the States of all citizen petitions to the FDA, introduction of new products, or if there is a change in corporate control, which will help the States ensure that Indivior refrains from engaging in the same kind of conduct alleged in the complaint.
In addition to Connecticut, Alabama, Alaska, Arkansas, California, Colorado, District of Columbia, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin joined today’s settlement. The coalition was led by Wisconsin Attorney General Josh Kaul and Wisconsin Assistant Attorney General for Antitrust Gwendolyn Lindsay Cooley.
Retired Assistant Attorneys General Gary Becker and Michael Cole, and Deputy Associate Attorney General Nicole Demers, Chief of the Antitrust Section assisted Attorney General Tong in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, June 5, 2023
ATTORNEY GENERAL TONG ADVISES CONNECTICUT CONSUMERS OF UPCOMING RIGHTS UNDER THE CONNECTICUT DATA PRIVACY ACT
(Hartford, CT) – Attorney General William Tong today released the following guidance advising Connecticut consumers of important new privacy rights under the Connecticut Data Privacy Act (CTDPA), set to go into effect on July 1, 2023.
“In less than one month, one of the nation’s first and strongest consumer privacy laws goes into effect here in Connecticut. The Connecticut Data Privacy Act gives consumers powerful new baseline rights, including the right to access, correct, and delete personal data stored and collected by businesses, and the right to opt-out of the sale of personal data and targeted advertising. Between now and July 1, I will be speaking to businesses and consumers and doing all I can to help ensure everyone understands their new rights and obligations, and the importance of protecting our personal information online,” said Attorney General Tong.
Connecticut passed the CTDPA in May of last year. One of the first comprehensive consumer privacy laws in the country, the CTDPA requires covered businesses to appropriately limit their collection of personal data, be transparent about how they use and secure that data and obtain consumer consent before collecting sensitive information—such as precise location data, biometric data, and certain health information. The CTDPA also provides Connecticut consumers with new baseline privacy rights, including:
• The right to access personal data that a business has collected about them;
• The right to correct inaccuracies in their personal data;
• The right to delete their personal data, including data that a business collected through third parties; and
• The right to opt-out of the sale of their personal data and targeted advertising.
The CTDPA requires covered businesses to maintain a privacy notice that clearly describes how consumers may exercise their rights under the law. Importantly, the law prohibits businesses from discriminating against consumers for exercising those rights.
The CTDPA also requires covered businesses to protect the personal data of children and teens. In addition to permitting a child’s parent or legal guardian to exercise privacy rights on the child’s behalf, businesses must obtain opt-in consent before selling the personal data of a consumer under 16 years old or sending the consumer targeted ads.
Consumers should note that not all Connecticut businesses are covered by the CTDPA. The law includes specific revenue thresholds and exempts certain industries regulated by other privacy frameworks—such as health care companies subject to the Health Insurance Accountability and Portability Act of 1996 (HIPAA).
"In a month's time Connecticut will be one of the first states to give people the tools to comprehensively protect their personal data," said Senate Majority Leader Bob Duff. "Online data is a billion-dollar industry that profits from violating the privacy of our residents. Connecticut Democrats are standing up for consumers with these new privacy rights."
"I am proud to have worked with the AG's Data Privacy Unit on this bill for several years," said State Senator James Maroney. "We are fortunate to have them as the first data privacy unit in an AG's office in the country. Beginning July 1, Connecticut residents will be protected online while we continue to navigate our increasingly connected world."
"As the digital landscape changes and evolves, it is crucial that we prevent the unauthorized use and trade of personal data. Data privacy is a priority for all, and this act protects all of our residents while they are online," said State Representative Mike D'Agostino.
"In today's world, the internet has become an integral part of our lives in many ways – for commerce, communication, employment, personal finances, and countless others, all coming to a head during the pandemic," said Rep. David Rutigliano. “Connecticut must ensure that all its residents' personal data is safe and secure. The disturbing trend of data mining and the sale of that private information without a person's knowledge has many people compromised, particularly our seniors and children. That is unacceptable. This law is a major step towards security and privacy.”
Connecticut Senate Republican Leader Kevin Kelly said, "I'm happy to see the legislature continue the work started in 2022 to protect the online data of Connecticut citizens. This bill expands the protection to health and children's data. As the internet evolves at a rapid pace, lawmakers continue to advance measures that ensure Connecticut residents' data is properly safeguarded."
For more information about the CTDPA, visit the Attorney General’s FAQ page here.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, June 5, 2023
ATTORNEY GENERAL TONG URGES EPA TO FINALIZE PROPOSED PFAS DRINKING WATER STANDARDS
(Hartford, CT) -- Attorney General William Tong, as part of a 17-state coalition filed comments to the U.S. Environmental Protect Agency (EPA) supporting the agency’s proposal to set enforceable drinking water standards for six per- and polyfluoroalkyl substances—more commonly known as PFAS or “forever” chemicals.
“PFAS forever chemicals are a threat to human health, and I fully support EPA’s efforts to set enforceable drinking water standards. These proposed regulations will go a long way towards ensuring the safety of our drinking water, but they must be accompanied by robust funding and support for public water system upgrades. Once we identify these chemicals, the burden of cleaning and protecting our water supply must not fall on states, consumers or local communities alone,” said Attorney General Tong.
In the proposed rule, EPA set Maximum Contaminant Levels (MCL) and Maximum Contaminant Level Goals (MCLG) for six PFAS regularly found in drinking water: PFOA, PFOS, PFHxS, GenX, PFNA, and PFBS. In the States’ comment letter, the States express support for (1) EPA’s authority to set the PFAS drinking water standards; (2) EPA’s authority to issue a preliminary determination and simultaneously propose MCLs and MCLGs for PFAS in drinking water; and (3) EPA’s proposed Hazard Index approach to regulate PFHxS, GenX, PFNA, and PFBS individually and as a mixture.
While supportive of the proposed rule, the comment letter also urges EPA to (1) make technical and engineering resources available to public water systems so that the financial burden of removing PFAS does not unfairly fall on ratepayers and customers; (2) finalize the drinking water standards quickly; and (3) consider drinking water standards for other PFAS after finalizing the rule.
PFAS chemicals resist degradation in the environment and accumulate in the body. Those contaminants may be linked to serious adverse health effects in humans and animals. Epidemiologic studies have shown that potential adverse human health effects from exposure to some PFAS include increased serum cholesterol, immune dysregulation, pregnancy-induced hypertension, and kidney and testicular cancers. Exposure to certain types of PFAS is also associated with low birthweight in humans, suppressed immune system response, dyslipidemia, impaired kidney function, and delayed onset of menstruation.
Across the country, PFAS contamination is often found at military bases, firefighting training centers, civilian airports, and industrial facilities. PFAS chemicals tend to be persistent in the environment and have been used for decades as ingredients in firefighting foam and consumer products. Some states with significant PFAS contamination are currently spending a significant amount of money to address the contamination in public drinking water systems, and to investigate numerous areas and sources of potential contamination.
The attorneys general state in the letter that “[o]ur states face substantial threats to public health and the environment from PFAS” and that “[w]e strongly support EPA’s proposed action to set national standards to protect the public from the harmful health impacts of PFAS in drinking water.”
In addition to Attorney General Tong, attorneys general from the following states signed the letter: Arizona, California, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Wisconsin, and the District of Columbia.
Assistant Attorney General Michael Lynch and Deputy Associate Attorney General Matthew Levine, Head of the Environment Section, assisted the Attorney General in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, June 7, 2023
ATTORNEY GENERAL TONG PRAISES SENATE VOTE TO EXPAND FRAUD-FIGHTING AUTHORITY
(Hartford, CT) – Attorney General William Tong today praised Senate passage of state legislation to approve expanded authority for the Office of the Attorney General to fight fraud and abuse across state government. The House of Representatives voted last month to approve the measure. The legislation now heads to Governor Ned Lamont for his signature.
“This is a historic win for all Connecticut taxpayers and workers. Every public dollar, worker, program, and agency should be equally protected from fraud, abuse and corruption. That has not been the case in Connecticut today, but it will be now. My office has a long track record of successful health care fraud prosecutions, based on excellent partnerships with our state and federal law enforcement and investigative partners. We are ready to build on that success and get to work,” said Attorney General Tong. “I am especially grateful to Sen. Mae Flexer, Senate Chair of the Government Administration and Elections Committee, who led this effort in the Senate and to Rep. Matt Blumenthal who championed this bill as House Chair of the Government Administration and Elections Committee.”
In 2009, Gov. M. Jodi Rell signed into law Connecticut’s False Claims Act, giving the Office of the Attorney General authority to investigate and civilly prosecute fraud and abuse of taxpayer funds. Since then, the Office of the Attorney General, in conjunction with federal and state law enforcement partners, has recovered over $181 million in misspent public dollars. But Connecticut’s law is exceptionally weak—it applies only to spending in State-administered health or human services programs. Connecticut’s law is far more limited than any one of our bordering states.
Legislation proposed by Attorney General Tong expands the scope of Connecticut’s False Claims Act by removing provisions that limit application of these statutes to State-administered health or human services programs. More than one hundred different agencies, offices, and quasi-public agencies spend tax dollars on behalf of the government of the State of Connecticut. The current Connecticut False Claims Act covers programs at just nine agencies. The legislation would allow the Office of the Attorney General to pursue fraud and abuse of tax dollars anywhere in State government, while also protecting and encouraging those who step forward to report fraud and abuse in any State spending.
States with similar False Claims Act authority have successfully pursued cases involving wage theft and wage violations, false claims regarding minority contracting requirements, defective and shoddy equipment, false safety certifications regarding dangerous construction conditions, unreliable environmental testing results, and more.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, June 7, 2023
ATTORNEY GENERAL TONG PRAISES UNANIMOUS PASSAGE OF LEGISLATION DIRECTING JUUL VAPING SETTLEMENT FUNDS TO REGIONAL BEHAVIORAL HEALTH ACTION ORGANIZATIONS
(Hartford, CT) – Attorney General William Tong today praised unanimous votes in both the state House of Representatives and Senate advancing legislation directing funds received through the $438.5 million multistate vaping settlement with JUUL to Regional Behavioral Health Action Organizations (RBHAOs) to combat youth vaping and nicotine use. The legislation, backed by the Office of the Attorney General, also supports updating the existing reporting requirements for opioid settlement funds to make clear that municipalities must comply with the same reporting requirements already in place for state-administered funds. The legislation now heads to Governor Ned Lamont for his signature.
RBHAOs are created in statute and funded primarily through federal block grant dollars administered by the Department of Mental Health and Addiction Services. They provide a range of planning, education and advocacy initiatives related to mental health and substance use prevention, treatment, and recovery. Connecticut is divided into five RBHAOs representing each region of the state.
Connecticut led 34 states and territories last year in brokering a $438.5 million settlement with JUUL, resolving a two-year bipartisan investigation into the company’s marketing and sales practices. Connecticut is due to receive approximately $16 million through the settlement, which is to be used for cessation, prevention, and mitigation. Over the past four years, Connecticut has led nationwide efforts to hold the entire addiction industry accountable for the opioid epidemic, securing more than $50 billion for treatment and prevention and $600 million for Connecticut alone. Those funds must be used to support evidence-based treatment, prevention, and recovery programs.
“Through our multistate settlements with JUUL Labs and the addiction industry, Connecticut will see hundreds of millions of dollars over the next several years to combat the opioid epidemic and curb youth vaping and nicotine use. I thank the legislature for their unanimous support of this legislation to erect strict safeguards to ensure these funds are used to support evidence-based treatment, prevention, and recovery,” said Attorney General Tong.
“Studies show that more than 2 million U.S. middle and high school students reported currently using e-cigarettes, with the relentless marketing of vaping products to underage youth undoubtedly contributing to these statistics,” said DMHAS Commissioner Nancy Navarretta. “Thanks to Attorney General Tong and the Connecticut General Assembly, these settlement dollars will be directed to the RBHAOs for evidence based, community-level programs that will drive down underage tobacco use.”
“I am grateful to the Attorney General for working collaboratively with the legislature to assure the most effective use of our opioid and JUUL settlement funds, and assuring our Tobacco Health Trust fund can be used to prevent the use of combustible cigarettes, along with all nicotine devices. This work means our Regional Behavioral Health Action Organizations will have more resources to make sure our young people never start smoking or vaping, therefore improving health outcomes and saving lives,” said Rep. Cristin McCarthy Vahey, House Chair of the Public Health Committee.
“I’d like to thank the Attorney General and his office for their leadership as well as the House for passing this bill. This should be a message to anyone who is trying to target children and youth for lifelong addiction to nicotine and other addictive chemicals: there will be consequences for their actions. We take the health and well-being of our residents very seriously,” said State Senator Saud Anwar, Senate Chair of the Public Health Committee.
"Anything we can do to limit tobacco and opioid use, especially with our youth, and to educate, prevent and explain to them the negative effects and the long-term effects that can happen with the use of these drugs is a win for our state," Rep. Klarides-Ditria, House ranking member of the Public Health Committee said.
“This legislation injects transparency and accountability into the disbursement of JUUL settlement funding,” said Sen. Heather Somers, Ranking Senator on the Public Health Committee. “This funding must be used for cessation, prevention, and mitigation programs in Connecticut and not for other purposes. This policy will ensure that this will in fact happen, and we are pleased to see it receive unanimous support in the House and Senate.”
"The most recent Youth Risk Behavior Survey indicated that 27 percent of youth in Connecticut are 30-day users of vaping products. The Regional Behavioral Health Action Organizations and the local prevention councils they fund have been on the front lines of the teen vaping epidemic in our schools and communities, working to implement the same strategies that reduced youth smoking decades ago. From implementing anti-vaping curricula, to educating parents to changing perceptions and behavior among users and enacting local ordinances to control marketing to kids – we have undertaken these efforts on a shoestring. The funds from the JUUL settlement will enable our organizations to implement a science-based, consistent, coordinated strategy, that integrates across communities and across the state. Vaping is a significant public health problem with lifelong consequences for our kids and young people and these JUUL settlement dollars represent a unique opportunity to address the vaping crisis in a holistic way,” said Pamela Mautte, Chair of the Connecticut Prevention Network.
Click here for Attorney General Tong’s full testimony in support of House Bill No. 6914.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, June 7, 2023
ATTORNEY GENERAL PRAISES PASSAGE OF LEGISLATION TO STRENGTHEN CONNECTICUT CONSUMER PROTECTIONS
Legislation Backed by Attorney General Tong Modernizes Anti-Robocall Statutes, Addresses Abuse in Ticket Sales, Ends Anti-Consumer Cable Company Billing Practice, Enhances Location-Sharing Privacy Protections
(Hartford, CT) – Attorney General William Tong today praised passage in both the state House and Senate of a series of reforms backed by the Office of the Attorney General to strengthen Connecticut consumer protections. The bill includes measures to modernize Connecticut’s anti-robocall statutes, to address abuses in the ticket sale market, to end anti-consumer cable company billing practices, and to enhance privacy protections related to location sharing data. The bill now heads to Governor Ned Lamont for his signature.
Attorney General Tong thanked Sen. James Maroney, Rep. Mike D’Agostino, Rep. David Rutigliano and Sen. Paul Cicarella for their leadership in the General Law Committee on this bill.
Robocalls
Attorney General Tong has backed new legislation to strengthen Connecticut’s ability to fight obnoxious and intrusive robocalls. The legislation, incorporated into the package now approved by the House and Senate, would modernize the state’s anti-robocall statutes to match new tactics and technology used to inundate Connecticut households with relentless, unwanted calls. Specifically, the proposal expands the statutes to cover text messages, bans “gateway” voice over internet protocol (VoIP) providers from facilitating overseas scammers’ access to the U.S. telecom networks, allows for enforcement action against calls received by Connecticut area codes regardless of where the calls originate, bars telemarketers from contacting Connecticut residents before 9 a.m. and after 8 p.m., strengthens disclosures that telemarketers must make, and clarifies protections provided by the Do Not Call List.
“We’re all sick and tired of the non-stop robocall scams. Our laws need to keep pace with the evolving tactics and technology. This bill is an important step forward towards shutting down the telecom fraud highway and bringing these scammers to justice,” said Attorney General Tong.
Ticket Sales
Following the Taylor Swift ticket sale fiasco, Attorney General Tong proposed reforms to address unfair, anti-consumer ticketing practices in the live event industry. Specifically, the legislation would require the adoption of all-in pricing, where all fees and service charges are disclosed up front so that a consumer can accurately compare the prices of different seats in a venue. It would also require resellers to disclose how much they originally paid for the tickets they are selling.
Connecticut has an active investigation into the live event ticketing industry following widespread concern regarding the recent handling of Taylor Swift concert ticket sales. The Connecticut Office of the Attorney General is unable to comment on that investigation.
“The Taylor Swift concert ticket fiasco was a particularly disastrous example, but these anti-consumer practices have been a longtime problem and need reform. This legislation gives Connecticut new control over this broken industry,” said Attorney General Tong. “We need reform—either through legislatures or the courts.”
Cable Bills
Legislation authored by Senate Majority Leader Bob Duff and backed by the Office of the Attorney General would prevent cable companies, including fiber optic providers, from charging customers through the end of their billing cycles after they cancel subscriptions. Consumers commonly express frustration that they are charged for cable or internet services after cancellation. This bill appropriately ensures that consumers only pay for telecommunications services they receive.
“My office has received hundreds of complaints regarding Connecticut cable companies. One of the recurring complaints we’ve received involves charges that come after consumers cancel their services. No one wants to pay for something they’ve already decided they don’t want. This pro-consumer bill is an important step toward ending these unacceptable practices,” said Attorney General Tong.
Geolocation Data Privacy
Attorney General Tong proposed new legislation to require companies to notify Connecticut residents when their geolocation data is compromised in a data breach. This information poses significant privacy and security concerns as it can reveal intimate details of an individual’s routines, choices, and beliefs, including personal healthcare decisions.
“Our precise location at any given moment can reveal deeply personal details about our daily routines and choices—including our private healthcare decisions. Companies that collect and maintain this information must do so with great care and concern our privacy and security. Connecticut has strong privacy laws on the books, but we need to ensure they stay up to date with current technology and data practices,” said Attorney General Tong.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, June 9, 2023
TEVA, ALLERGAN, CVS, AND WALGREENS FINALIZE OPIOID SETTLEMENT AGREEMENTS
Connecticut to Receive Over $200 Million to Fight the Opioid Crisis
(Hartford, CT) -- Attorney General William Tong today announced the final approval of $17.3 billion in opioid agreements with drug makers Teva and Allergan and pharmacies CVS and Walgreens. Following successful state sign-on and subdivision sign-on periods, the defendants have committed to the deal and will start releasing funds to a national administrator later this summer. Money is expected to start flowing to state and local governments by the end of 2023. Connecticut is expected to receive more than $200 million in funding through these settlements to support opioid treatment and prevention.
“One by one we are taking on every player in the addiction industry and recovering billions of dollars nationwide to save lives and fight the opioid epidemic. With these latest settlements, we have secured $600 million for Connecticut alone and more than $50 billion nationwide. But it is not just about the money—we are forcing these companies to adhere to strict reforms to stop the deadly flood of opioids into our communities,” said Attorney General Tong.
The settlements require Teva’s opioid business to provide stringent injunctive relief that, among other things, will prevent all opioid marketing and ensure systems are in place to prevent drug misuse. Additionally, Allergan is required to stop selling opioids for the next 10 years. CVS and Walgreens have agreed to injunctive relief that requires the pharmacies to monitor, report, and share data about suspicious activity related to opioid prescriptions. This court-ordered injunctive relief will help ensure a crisis like this does not happen again. A final agreement with Walmart is not being announced today; there are different process for finalizing that settlement, which is anticipated in the coming weeks.
Connecticut will receive more than $200 million over 15 years. National investigations and litigation against the pharmaceutical industry over the opioid crisis has led to more than $50 billion in new funding for opioid treatment and prevention, including $600 million for Connecticut alone.
Last year, Connecticut passed a law establishing the Opioid Settlement Advisory Committee comprised of health professionals, individuals with lived experience, and state and municipal leaders to ensure robust and informed public involvement, accountability and transparency in allocating and accounting for opioid settlement funds. Funding from these latest settlements will be part of that process. The committee held its first meeting on March 13.
Teva and Allergan negotiations were led by Attorneys General from North Carolina, Iowa, California, Illinois, Maryland, Massachusetts, New York, Pennsylvania, Tennessee, Texas, Vermont, Virginia, and Wisconsin. CVS and Walgreens negotiations were led by Attorneys General from North Carolina, California, Colorado, Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Nebraska, New York, Ohio, Pennsylvania, Rhode Island, Tennessee, and Texas.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Friday, June 9, 2023
ATTORNEY GENERAL TONG RESPONDS TO DOUBLE-DIGIT RATE HIKES SOUGHT BY HEALTH INSURERS
(Hartford, CT) – Attorney General William Tong issued the following statement regarding double-digit rate hikes sought by nine health insurers for individual and small group plans on Access Health CT, the state’s health insurance exchange.
The Connecticut Insurance Department reports that the proposed average individual rate request is a 12.4 percent increase, compared to 20.4 percent in 2023 and ranges from 9.8 percent to 17.5 percent. The proposed average small group rate request is a 14.8 percent increase, compared to 14.8 percent in 2023 and ranges from 7.5 percent to 23.0 percent.
“These rates will be simply unaffordable for too many Connecticut families, individuals and businesses. We are thoroughly scrutinizing these filings and expect to play an active role in this process,” said Attorney General Tong.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Monday, June 12, 2023
ATTORNEY GENERAL TONG URGES FCC TO CLARIFY RULES CONCERNING CONSENT FOR TELEMARKETING ROBOCALLS AND TEXTS
(Hartford, CT) – Attorney General William Tong is joining a coalition of state attorneys general calling on the Federal Communications Commission to clarify the federal rules requiring telemarketers to obtain express written consent before contacting consumers. That consent, the attorneys general say, must be between one consumer and one seller or business entity.
The reply comment was filed on June 6 in response to an FCC notice of proposed rulemaking. In the notice, the FCC sought comment on a proposed amendment to its rule concerning prior express written consent under the Telephone Consumer Protection Act (TCPA), as well as proposals to strengthen protections against illegal text messages.
“I recently bought a cooler, and signed up for messages from the cooler maker, but that doesn’t mean I want ads for soda and ice, and certainly not for car loans. And it definitely should not mean I’ve agreed to be barraged by thousands of solicitations. For far too long, lead generator businesses have been allowed to bury fine print and stretch the definition of consent for the sake of profits. A consumer would never agree to thousands of pitches from businesses by checking one box on a website,” said Attorney General Tong. “The FCC must make the law clear— any business that wants to make legal telemarketing calls and texts must obtain our individual prior express consent.”
The FCC is proposing to amend its rule concerning consent to close a so-called “lead generator loophole.”
A common lead generation practice is to offer to give the consumer a quote for a good or service online (like insurance products), and in order to receive the quote, the consumer has to agree to receive calls and/or texts from the lead generator’s marketing partners, which often include thousands of different businesses offering numerous different goods or services. If these separate businesses are identified anywhere, it is usually on a separate webpage only accessible via a hyperlink.
In their letter, the attorneys general support the FCC’s proposal to confirm that National Do Not Call Registry protections apply to text messages.
Stopping illegal robocalls is a top priority for Attorney General Tong. Connecticut is among 16 states on the executive committee spearheading the nationwide Anti-Robocall Litigation Task Force of 51 bipartisan attorneys general. This task force investigates and takes legal action against those responsible for routing significant volumes of illegal robocall traffic into and across the United States. Most recently, Attorney General Tong and the Task Force sued Avid Telecom and its owners for allegedly initiating and facilitating billions of illegal robocalls to millions of people. Other investigations by the Task Force remain active and ongoing.
Last week, the Connecticut General Assembly approved legislation backed by Attorney General Tong to strengthen Connecticut’s ability to fight obnoxious and intrusive robocalls. The legislation will modernize the state’s anti-robocall statutes to match new tactics and technology used to inundate Connecticut households with relentless, unwanted calls. Specifically, the proposal expands the statutes to cover text messages, bans “gateway” voice over internet protocol (VoIP) providers from facilitating overseas scammers’ access to the U.S. telecom networks, allows for enforcement action against calls received by Connecticut area codes regardless of where the calls originate, bars telemarketers from contacting Connecticut residents before 9 a.m. and after 8 p.m., strengthens disclosures that telemarketers must make, and clarifies protections provided by the Do Not Call List.
Joining Attorney General Tong in the letter are attorneys general from Alabama, Alaska, Arizona, California, Colorado, Washington D.C., Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Vermont, Virginia, Washington, Wisconsin, and Wyoming.
A copy of the letter can be found here.
Assistant Attorney General Kim McGee, under the supervision of Associate Attorney General Michael Wertheimer, Chief of the Consumer Protection Section assisted the Attorney General in this matter.
###
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, June 20, 2023
ATTORNEY GENERAL TONG ANNOUNCES INVESTIGATION INTO HYUNDAI AND KIA OVER THEFT-PRONE VEHICLES
(Hartford, CT) – Attorney General William Tong announced today he has launched a consumer protection investigation into Hyundai and Kia regarding the companies’ failure to equip their vehicles with industry standard anti-theft technology. The move is the latest in a series of steps Attorney General Tong has taken over the companies’ continued failure to address the public safety concerns of their vehicles.
Kia and Hyundai chose not to include engine immobilizers as standard equipment on several vehicle models sold in the United States between 2011 and 2022, a period when every other car manufacturer was doing so. During this same time period, the companies were installing immobilizers on the same model vehicles sold in Canada and Europe. An anti-theft immobilizer is an electronic device which prevents a car from being hot-wired and stolen by someone who doesn't have the key.
These vehicles are being stolen at high rates, harming consumers and contributing to an erosion of public safety. The thefts have frequently been accompanied by reckless driving and further criminal activity, causing injuries and deaths. The thefts have even gone viral, with videos on social media showing how to hotwire these vehicles and challenging others to steal them. Following these videos, thefts began surging across the country.
The thefts have forced local law enforcement and first responders to divert scarce resources to increased patrols and theft investigations, antitheft initiatives such as the distribution of steering wheels locks, and public education about the dangerous trend. Hyundai and Kia vehicles stolen in this manner have been involved in numerous crashes and multiple fatalities nationwide, and the stolen vehicles have also been used to commit additional, sometimes violent, crimes.
Civil investigative demands sent to both Hyundai and Kia seek detailed records and information regarding susceptible vehicle sold in Connecticut, along with any complaints to the companies about the issue. The records requested include internal reports regarding the company’s decision-making, possible mitigation measures, the company’s anti-theft software and internal communications.
“We have called on Hyundai and Kia over and over again to make this right and address the glaring public safety vulnerabilities in their vehicles. Whatever they have done to date is clearly not working. We’ve got viral videos all over the internet teaching kids how to hotwire these cars in a matter of seconds and glorifying reckless driving that has resulted in injuries and multiple deaths nationwide. These cars are such sitting ducks that some insurers are reportedly now refusing to insure them, rendering them essentially undriveable. I’ve launched this investigation to force Hyundai and Kia to disclose every discussion and decision leading up to the sale of these theft-prone cars, as well as the costs and analysis of potential fixes. We are going to figure out exactly how this public safety threat came to be, and we will not hesitate to hold Hyundai and Kia fully accountable for addressing this disaster,” said Attorney General Tong.
“Personal vehicles are no small purchase for most families in our state, and consumers should be able to expect their purchase is safe from easy theft,” said Consumer Protection Commissioner Bryan T. Cafferelli. “Consumers should continue to take additional safety precautions such as using a steering wheel lock, and contact Hyundai or Kia regarding the free theft deterrent software they are offering to affected consumers.”
Attorney General Tong announced this investigation at a press conference today at the East Hartford Police Department.
"As the police chief of this community, our utmost priority is the safety and well-being of our residents. We commend the Attorney General's decision to launch an investigation into Hyundai and Kia. Consumer trust and confidence are paramount when it comes to the automotive industry, and any concerns regarding safety and compliance must be thoroughly addressed,” said East Hartford Police Chief Scott S. Sansom.
Last March, Attorney General Tong and a coalition of attorneys general urged the companies to address the safety concerns. Their letter noted that the companies’ software upgrades offered by the company were not compatible with all vehicles. Following continued failure by the companies to adequately address the vulnerabilities, Attorney General Tong joined a coalition of 18 attorneys general in April calling for a federal recall of Hyundai and Kia vehicles manufactured between 2011 and 2022 which are particularly vulnerable to theft.
Assistant Attorney General Brendan Flynn and Deputy Associate Attorney General Michael Wertheimer, Chief of the Consumer Protection Section assisted Attorney General Tong in this matter.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Tuesday, June 20, 2023
ATTORNEY GENERAL TONG URGES TARGET TO AFFIRM SUPPORT FOR LGBTQIA+ COMMUNITY FOLLOWING THREATS OVER PRIDE MERCHANDISE
(Hartford, CT) -- Attorney General William Tong joined a group of 15 state attorneys general calling on Target to support the LGBTQIA+ community and reject hate, intimidation and discrimination following threats over Pride merchandise.
The letter, sent to national retail chain Target during Pride Month, comes in response to Target’s recent removal of certain Pride-related merchandise from its stores and amid an increasing number if politically motivated attacks on LGBTQIA+ Americans. The attorneys general acknowledge that Target wishes to keep its staff members and customers safe from anti-LGBTQ+ harassment, vandalism and other criminal acts. The letter encourages Target to reach out to responsible authorities, including the co-signed state attorneys general, to help address any anti-LGBTQ+ threats and harassment in Target stores.
State laws protect against discrimination on the basis of sexual orientation and gender identity in places of public accommodation, including stores. Attorney General Tong and the coalition of attorneys general offered unequivocal support to Target in protecting customers and employees from hate-based harassment, intimidation, threats and attacks.
“Target’s Pride merchandise was a public show of support for the LGBTQIA+ community during a time of escalating hate and discrimination. The threats and intimidation surrounding those products were despicable. Attorneys general across the country stand ready to protect the civil rights of Target’s employees, customers, and the LGBTQIA+ community against this hateful bullying,” said Attorney General Tong.
Politically motivated attacks on the LGBTQIA+ community have escalated over the past two years. Radical state legislatures have adopted laws barring public schools from discussing LGBTQIA+ identity, hindering gender-affirming care, prohibiting transgender individuals from using bathrooms or playing on sports teams aligned with their gender identity, and restricting drag performances. The LGBTQIA+ community has increasingly been targeted by harassment and hate, including escalating threats of violence and a spike in baseless and pernicious, false accusations that LGBTQIA+ individuals seek to abuse or convert children.
Against this backdrop, Pride merchandise is one way for LGBTQIA+ people to receive community support, and to show that outspoken fringe voices do not represent the views of society at large. Target’s decision to respond to bullying, intimidation, and destruction in their stores by pulling some Pride merchandise, even if motivated by a desire to protect workers, sends the wrong message: that those who engage in hateful and disruptive conduct can cause large corporations to succumb to bullying, and that bullies have the power to determine whether LGBTQIA+ consumers will feel comfortable in Target stores—or anywhere in society.
In Connecticut and many other states, public accommodation laws protect against discrimination on the basis of sexual orientation and gender identity. In Connecticut, legislation signed into law in 2021 gives the Office of the Attorney General authority to investigate and – where the evidence warrants – bring civil rights lawsuits to stop large-scale, systematic violations of existing constitutional and statutory rights. The legislation also allows the Office of the Attorney General to pursue civil enforcement of our state’s hate crimes laws.
The multistate letter was co-led by the Attorneys General of Massachusetts and Minnesota and joined by the Attorneys General of Arizona, California, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Nevada, New Jersey, New York, Rhode Island, Vermont and Washington.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, June 21, 2023
ATTORNEY GENERAL TONG APPOINTS ASSISTANT ATTORNEYS GENERAL ALMA NUNLEY, EMILY GAIT AS SPECIAL COUNSELS FOR REPRODUCTIVE RIGHTS
Attorney General Tong to Convene Forum on Anniversary of Dobbs Supreme Court Decision
(Hartford, CT) – Attorney General William Tong today announced the appointment of Assistant Attorneys General Alma Nunley and Emily Gait as Special Counsels for Reproductive Rights. In their new roles, Counsels Nunley and Gait will lead the Office of the Attorney General in protecting abortion access and fighting for reproductive rights in Connecticut and nationwide.
These are new positions for the Office of the Attorney General, established by Attorney General Tong to respond to escalating challenges to reproductive freedom following the U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health overturning Roe v. Wade.
Attorney General Tong will host a forum on the anniversary of that decision at 10:30 a.m. on Thursday, June 22 at the Legislative Office Building. He will be joined by Counsels Nunley and Gait, as well as Lieutenant Governor Susan Bysiewicz, leaders from Planned Parenthood of Southern New England, Pro-Choice Connecticut, the American Civil Liberties Union of Connecticut, the Connecticut Women’s Education and Legal Fund, Reproductive Rights Caucus co-chairs Rep. Jillian Gilchrest and Rep. Matt Blumenthal, Sen. Mae Flexer, Sen. Heather Somers and others. See here for more information.
“The fall of Roe was just the beginning. Over the past year, we have witnessed a tsunami of extremist legislation and litigation aimed at eroding reproductive freedom and criminalizing the healthcare choices and actions of women, patients, and providers. Abortion is safe, legal, and accessible in Connecticut, and we are fighting on every front to keep it that way. Assistant Attorneys General Alma Nunley and Emily Gait are both extremely skilled litigators, with deep experience in state and federal courts and I am grateful they have accepted the Special Counsel roles to lead our efforts within our office, and alongside attorneys general nationwide. The Special Counsel for Reproductive Rights is a new role in the Office of the Attorney General, reflecting the importance of this work and the severe threats we see ahead,” said Attorney General Tong.
Connecticut has joined Democratic attorneys general in filing numerous amicus briefs in courts across the country to defend reproductive freedom in cases challenging access to safe, legal abortion, birth control, medication abortion, the rights of federally funded clinics to provide medical advice and care unfettered by partisan politics, and more. Connecticut has gone on the offensive too, joining states in filing affirmative litigation to proactively protect access to medication abortion here in Connecticut and nationwide. Attorney General Tong has also taken steps to ensure Connecticut patients understand their rights to access abortion, issuing a formal opinion on access to medication abortion in Connecticut and guidance on abortion rights post-Dobbs. Connecticut has also joined with New York and a task force of trained, volunteer attorneys convened by New York Attorney General Letitia James to offer a legal hotline providing free legal guidance and resources to Connecticut patients and providers regarding legal rights to access and provide abortions. The legal hotline number is 212-899-5567.
Alma Nunley
Assistant Attorney General Alma Rose Nunley joined the Special Litigation Section of the Office of the Attorney General in 2018. She is a graduate of the University of Memphis with a B.A. in Philosophy. She graduated summa cum laude from the Quinnipiac University School of Law, where she was Executive Managing Editor of the Quinnipiac Health Law Journal. After law school, she clerked for both Chief Justice Chase T. Rogers and Justice Andrew J. McDonald of the Connecticut Supreme Court.
Emily Gait
Assistant Attorney General Emily Gait came to appreciate the tremendous role that the Attorney General’s Office can play in protecting reproductive rights when she joined the Office’s Special Litigation Section in 2021. Prior to joining, she graduated cum laude from the University of Connecticut School of Law and served as the Symposium Director on the Connecticut Law Review. She then clerked for Justice Gregory T. D’Auria of the Connecticut Supreme Court and Judge Michael P. Shea of the Federal District Court for the District of Connecticut.
The Special Counsel for Reproductive Rights positions are being funded through the existing budget for the Office of the Attorney General.
Benton, Elizabeth
FOR IMMEDIATE RELEASE
Wednesday, June 21, 2023
ATTORNEY GENERAL TONG JOINS COALITION OF 24 STATES IN SUPPORT OF STRONGER FEDERAL PROTECTIONS FOR REPRODUCTIVE HEALTH DATA PRIVACY
(Hartford, CT) -- Attorney General William Tong joined a coalition of 24 states supporting stronger protections for patients’ reproductive health information. The Biden Administration is considering adding amendments to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, the federal law that governs the disclosure of protected health information (PHI). If implemented, the changes would make it illegal to share a patient’s PHI if the PHI is being sought for certain criminal, civil, and administrative investigations and proceedings against a patient in connection with a legal abortion or other reproductive care. This is especially important as the U.S. Supreme Court decision overturning Roe v. Wade spurred many anti-abortion states to enforce draconian restrictions that could lead to criminal or civil penalties for anyone seeking, providing, or assisting with reproductive care. The coalition of attorneys general issued a letter welcoming the federal government’s proposed HIPAA amendments and adding that the additional guardrails would help safeguard reproductive health data from being wrongfully accessed and exploited to harm pregnant people or healthcare providers.
“Since the fall of Roe, extremist-led states have weaponized private health records to criminalize patients and doctors seeking and providing abortion care—including federally protected emergency treatment and care provided in states where abortion is legal. Connecticut’s Reproductive Freedom Defense Act was passed to respond to this threat, and I fully support the Biden Administration’s efforts to extend federal privacy protections to all seeking legal abortion and reproductive care,” said Attorney General Tong.
The decision in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade in June 2022, and created a climate of uncertainty and fear among reproductive health care seekers and providers throughout the country. Fifteen states currently have laws in effect prohibiting abortion under all or most circumstances. Everyone involved in assisting, providing, and obtaining such care in those states may be at risk of investigation, civil liability, and criminal prosecution.
Attorney General Tong will host a forum on the anniversary of that decision at 10:30 a.m. on Thursday, June 22 at the Legislative Office Building. He will be joined by Counsels Nunley and Gait, as well as Lieutenant Governor Susan Bysiewicz, leaders from Planned Parenthood of Southern New England, Pro-Choice Connecticut, the American Civil Liberties Union of Connecticut, the Connecticut Women’s Education and Legal Fund, Reproductive Rights Caucus co-chairs Rep. Jillian Gilchrest and Rep. Matt Blumenthal, Sen. Mae Flexer, Sen. Heather Somers and others. See here for more information.
In the letter, the coalition of attorneys general welcomed the proposed HIPAA amendments, which aim to protect against such misuse and weaponization of people’s data. The amendments would prohibit the use or disclosure of PHI for an investigation into a patient in connection with seeking, obtaining, providing, or facilitating reproductive healthcare if:
• The patient seeking reproductive healthcare is in a state where such care is lawful; or
• The patient is seeking reproductive healthcare that is protected under federal law (for example, by the Emergency Medical Treatment & Labor Act), regardless of the state.
The coalition argues that these provisions are essential to begin creating a more unified privacy landscape for access to reproductive care, and urged the Biden Administration to adopt the provisions speedily. The attorneys general also called for the creation of a nationally available, online platform that provides accurate and clear information on reproductive care and privacy rights, and a public awareness campaign to promote the website.
In filing the letter, Attorney General Tong joined the attorneys general of Arizona, California, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and Washington D.C. The letter was led by California and New York.
A copy of the comment letter to the Biden Administration can be found here.