Showing posts with label state attorney general. Show all posts
Showing posts with label state attorney general. Show all posts

Climate Pledge Arena to pay $477K in penalties, refunds as a result of AG Ferguson’s hidden fee investigation

Sunday, September 22, 2024

Photo courtesy Climate Pledge Arena
Court order ensures concertgoers who paid fee get money back with an additional $10

SEATTLE — Climate Pledge Arena will pay $477,917 in penalties and refunds as a result of Attorney General Bob Ferguson’s investigation into a hidden fee the arena charged thousands of Washingtonians.

From February 27, 2023, to July 22, 2023, Climate Pledge added a 3% fee to food and beverage purchases made at the arena. 

They did not disclose the fee in any way before customers made their purchase, in violation of Washington’s Consumer Protection Act. 

The Attorney General’s investigation revealed the company charged the fee on approximately 183,000 transactions over the course of 37 events, bringing in $162,917.16. The legally binding agreement is subject to court approval.

As a condition for resolving his case, Ferguson required that Climate Pledge:
  • Conclude a class action lawsuit resulting in full restitution to all Washington consumers who were harmed, to be administered through a claims process, subject to court approval;
  • Pay affected customers who file a claim an additional $10 for their inconvenience and loss of their money in addition to the full refund;
  • Pay $315,000 to the Attorney General’s Office to pay for the cost of bringing the case, future enforcement work and, if necessary, cover claimants’ additional $10 payment if the $162,917.16 is insufficient; and
  • Disclose all fees it charges customers in the future.
“Washington law is simple: If you charge a fee, you must clearly disclose that fee before someone pays it,” Ferguson said. “Climate Pledge was not doing that. Now they are paying the price. If you believe a company is charging hidden fees in Washington, contact my office.”

Ferguson opened his investigation following a KIRO news story about the fee. State law requires companies to clearly disclose all added fees and charges to Washingtonians before they charge them. Instead, the fee was not disclosed at the arena kiosks or in digital payments. Attendees only learned about the fee if they asked for a receipt for their transaction.

The arena stopped charging the fee following the KIRO story and the Attorney General’s Office confirmed the arena is not currently charging the fee. The court order ensures the arena does not charge any fees without appropriately informing people. If the arena does, the Attorney General’s Office can go to court for any violations.

Assistant Attorney General Dan Davies handled the case for Washington.


Honest Fees Initiative


Companies caught charging hidden fees have paid more than $9.6 million as a result of Ferguson’s Honest Fees Initiative.

Ferguson is calling on Washingtonians to check their bills, and, if they believe they contain hidden fees, to file a complaint at the Attorney General’s website here.

Follow these easy steps to check your bill:
  • Review your bill carefully for additional fees and taxes. Pay special attention to fees that appear to be government-imposed. Though they may appear to be, that may not be the case.
  • Compare your bill against the advertised purchase price. Is it different? Were fees added on without being disclosed to you when you signed up?
  • If you see a fee that was not included in the initial purchase price, or that you believe is deceptive, contact the Washington Attorney General’s Office at www.atg.wa.gov/file-complaint.

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Do you have money in an unclaimed property fund?

Monday, September 2, 2024

SEATTLE — Attorney General Bob Ferguson announced that he recovered more than $5.2 million plus interest that Washingtonians can claim through the state’s unclaimed property program. 

The money comes to Washington as a result of Ferguson’s lawsuit over uncashed checks issued by international money transfer company MoneyGram.

Washington’s unclaimed property program, which is administered by the state Department of Revenue, works to return unclaimed or abandoned funds and other property to its rightful owners. 
That can include uncashed checks, funds in bank accounts, insurance proceeds, stocks, bonds, mutual funds, consumer credits and more. 

To search for unclaimed property in your name, go to www.ClaimYourCash.org

The $5.2 million is part of a more than $190 million resolution between Delaware and a bipartisan coalition of 30 states to ensure that the funds from the uncashed MoneyGram checks were returned to their states’ residents.

“This money belongs to Washingtonians,” said Washington Attorney General Bob Ferguson. “Every Washingtonian should visit the unclaimed property program’s website to see if they have funds waiting to be claimed.”

The funds come from uncashed prepaid MoneyGram checks that people can purchase from banks or credit unions. After the checks are purchased, the issuing financial institution pays MoneyGram the amount of the check. MoneyGram then uses the funds to reimburse the financial institution that cashes the check. If the check recipient fails to cash the check, the money becomes unclaimed property.

Delaware originally took possession of the funds regardless of where the checks were issued, since MoneyGram is headquartered there. 

Ferguson and the bipartisan group of states sued Delaware, arguing that, under a federal law regulating abandoned money orders and travelers’ checks, the unclaimed funds should be returned to the states where the checks were issued to be disbursed as unclaimed property. 

The case was heard at the U.S. Supreme Court, which ruled in Ferguson’s and the states’ favor.

According to the Department of Revenue’s unclaimed property website, Washington’s program has returned more than $1.5 billion in unclaimed funds to Washingtonians. 

For more information on Washington’s unclaimed property program, or to search for unclaimed funds in your name, visit www.ClaimYourCash.org.

Checks that were issued in 2008 or earlier may still be available through Delaware’s unclaimed property program. Visit Delaware's unclaimed property to check if you have older unclaimed funds available in Delaware.


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Dollar Tree fined by state for selling school supplies containing toxic metals

Friday, August 9, 2024

Pencil pouches sold at Dollar Tree in some cases contained more than four times the state and federal limit for lead or four times the state limit for cadmium. Photo courtesy State Attorney General's office.

SEATTLE — Attorney General Bob Ferguson announced a legally binding resolution requiring Dollar Tree to pay $190,000 and more thoroughly test children’s products. The resolution follows an Attorney General investigation finding school supplies sold by the national retailer had illegal levels of toxic heavy metals lead and cadmium.

To avoid a lawsuit, Greenbrier International, doing business as Dollar Tree, entered into a nationwide, legally binding agreement in King County Superior Court. The agreement requires the company to ensure that the laboratories it uses outside the U.S. follow testing methods for lead and cadmium that are audited and verified through independent experts.

Testing by the Washington state Department of Ecology revealed that numerous children’s bracelets and pencil pouches sold by Dollar Tree stores in Washington state contained illegal levels of lead and cadmium.

The department tested bracelets and pencil pouches sold at Dollar Tree stores in 2018, 2019 and 2021.

Its independent testing showed the pencil pouches in some cases contained more than four times the state and federal limit for lead or four times the state limit for cadmium.

The department turned over the test results to the Attorney General’s Office for investigation and enforcement under the state Consumer Protection Act as well as the federal Consumer Product Safety Improvement Act.

When the Attorney General’s Office informed Dollar Tree of the investigation’s findings, Dollar Tree provided documentation from laboratories outside of the U.S. showing that the toxic metals, like lead and cadmium, fell within permissible levels.

The Attorney General’s Office presented the company with findings from an expert, independent review of these tests that showed they contained errors or missing information. Dollar Tree cooperated with the investigation and removed the flagged products from its stores.

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AG: Johnson & Johnson will pay Washington state $123 million for their part in the opioid crisis

Wednesday, June 19, 2024


Attorney General Bob Ferguson announced that the state, city and county governments in Washington state received a $123.34 million lump sum payment from opioid manufacturer Johnson & Johnson. 

The funds are the latest payments from Ferguson’s litigation against companies that fueled the opioid crisis, and must be split evenly between state and local governments. Ferguson directed the funds must be used to combat the opioid epidemic.

To avoid trial in Ferguson’s 2020 lawsuit, opioid manufacturer and raw material supplier Johnson & Johnson signed a court order in January to pay $123.34 million to Washington state to combat the opioid epidemic, including the fentanyl crisis that is devastating Washington communities. 

Ferguson directed that 50% of these resources, $61.67 million, go to local governments across the state to combat the epidemic in their communities. The other half goes to the state Legislature. To see what local governments will receive from the Johnson & Johnson case alone, Washingtonians can use this spreadsheet.

The Washington Attorney General’s Office has recovered $1.29 billion so far to address the fentanyl and opioid crisis. Washingtonians can use this chart to see what their local government will receive as a result of the Attorney General’s litigation to combat the opioid epidemic.

Local governments will determine how to spend their share, but those funds must be used to combat the opioid and fentanyl epidemics. The Legislature will determine how the state share is further allocated in communities around the state. All spending decisions must be consistent with the state Opioid Response Plan

Examples of approved programs include substance abuse treatment, housing or other wrap-around services, youth- or tribal-focused prevention programs, support for first responders and other evidence-based programs and services that will help communities heal.

Ferguson has rejected national settlements with five corporations, netting Washington more than $180 million more for resources that will improve treatment options, funds for first responders and provide other proven strategies to address the epidemic.


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Attorney General and U.S. Dept of Justice filing antitrust lawsuit against Ticketmaster

Friday, May 24, 2024

Attorney General Bob Ferguson announced today he is partnering with the U.S. Department of Justice and a bipartisan group of 29 other attorneys general in an antitrust lawsuit aimed at breaking up Live Nation and Ticketmaster’s monopoly over the live entertainment industry.

The lawsuit, filed in the U.S. District Court for the Southern District of New York, asserts the companies used their dominance over concert tickets to undermine competition for the ticketing of live events, driving up ticket costs for individuals. 

The lawsuit asserts Live Nation and its subsidiary, Ticketmaster, violated the Sherman Antitrust Act by eliminating rivals and increasing barriers for other companies, creating an unlawful monopoly over the live entertainment industry. Live Nation merged with Ticketmaster in 2010.

Ticketmaster’s own internal documents claim it accounts for 70% to 80% of primary concert tickets in North America.

Live Nation owns, operates or has significant influence over more than 250 venues in North America, including more than 60 of the top 100 amphitheaters in the United States.

It also has controlling interests in popular festivals around the country like Austin City Limits, Bonaroo and Lollapalooza. 

In Washington, Live Nation manages the Gorge Amphitheater in George, RV Inn Style Resorts Amphitheater in Ridgefield and White River Amphitheater in Auburn. Live Nation generated more than $22 billion in revenue in 2023.

Because these companies have developed such a stranglehold over the live entertainment industry, the justice department and states seek to unwind their merger and separate the companies.

More information here


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AG announces investigation into Catholic Church’s handling of child sex abuse allegations

Friday, May 10, 2024

Attorney General Bob Ferguson with staff and survivors of sexual abuse by Catholic clergy
Photo courtesy State of Washington

The State Attorney General is taking legal action against the Seattle Archdiocese, as part of the investigation into whether the three Washington dioceses of the Catholic Church used charitable funds to cover up allegations of child sex abuse by clergy.

The Attorney General’s Office sent subpoenas to the Seattle Archdiocese, the Diocese of Spokane and the Diocese of Yakima. 

The Seattle Archdiocese refused to cooperate. Consequently, Ferguson filed a petition to enforce the subpoena in King County Superior Court. The office is asking the court to hear the petition on May 22. 

The Attorney General’s Office has a longstanding policy that it does not comment on investigations, including confirming whether they exist. Because the Seattle Archdiocese refused to comply with the office’s subpoena, the office now must seek a court order to move the investigation forward. This process made the investigation public. 

“Washingtonians deserve a public accounting of how the Catholic Church handles allegations of child sex abuse, and whether charitable dollars were used to cover it up,” Ferguson said. 
“As a Catholic, I am disappointed the Church refuses to cooperate with our investigation. Our goal is to use every tool we have to reveal the truth, and give a voice to survivors. If you or a loved one have been impacted by clergy abuse, please contact my office.”

More information here


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Judge rules AG Ferguson challenge to Kroger-Albertsons merger will continue

Saturday, April 27, 2024


Attorney General Bob Ferguson’s antitrust lawsuit to block the proposed merger of Kroger and Albertsons can continue, a King County judge ruled today, rejecting the companies’ request to dismiss the case.

Ferguson asserts the proposed merger of the two largest supermarket companies in Washington state will severely limit shopping options for consumers and eliminate vital competition that keeps grocery prices low.



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AG Ferguson announces DNA collection from more than 2,600 serious offenders

Friday, April 12, 2024

SEATTLE — Attorney General Bob Ferguson announced this week that more than 2,600 serious criminal offenders provided their DNA to law enforcement after previously failing to do so as required by law. 

As a result of Ferguson’s lawfully owed DNA project, these samples are now in a national DNA database critical to identifying perpetrators of unsolved rapes, murders and other violent crimes.

Washington requires many offenders convicted of sex offenses and serious violent crimes to provide their DNA as a term of their conviction. Ferguson’s office is working with local law enforcement across the state to collect these DNA samples from sex offenders, violent offenders and individuals convicted of serious felonies. 

The samples are added to the national Combined DNA Index System (CODIS), which investigators and prosecutors use to solve serious crimes and bring justice to victims.

When DNA is collected at a crime scene, it is tested by the state’s Crime Lab and checked against the national database. When it returns a “hit,” or a match to evidence already in CODIS, this can help identify serial rapists, link cases across the country, shed new light on cold cases and provide answers to crime victims and their families.

DNA evidence can also exonerate individuals who were wrongfully convicted.

In short, collecting lawfully owed DNA from qualifying offenders helps solve more crimes — here in Washington and across the country.

The Attorney General’s Office estimates thousands of violent offenders are living in Washington with an obligation to provide their DNA. This estimate is based on initial data from the Department of Corrections, followed by an extensive verification process designed to identify and locate offenders who still owe a sample. Ferguson’s lawfully owed DNA project aims to stop these offenders from slipping through the system.

Since the project launched more than four years ago, law enforcement has collected 2,681 DNA samples from violent and sex offenders and entered them into CODIS. This has resulted in 97 “hits.”

Ferguson launched the lawfully owed DNA project in October 2019, in partnership with the U.S. Department of Justice and local law enforcement.

More information here


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AG Ferguson: Judge orders Providence debt collector Optimum Outcomes to pay $827,000 penalty for violating patients’ medical debt collection rights

Thursday, March 21, 2024


Ruling resolves Ferguson’s case against last remaining defendant in charity care lawsuit against Providence and its debt collectors

SEATTLE — The Attorney General’s Office won a trial against debt collection agency Optimum Outcomes. Optimum is the last remaining defendant in Attorney General Bob Ferguson’s charity care lawsuit against Providence Health & Services, one of the nation’s largest health care systems, and its debt collectors.

King County Superior Court Judge Sean O’Donnell ruled that Optimum violated the Consumer Protection Act by violating the medical debt collection rights of Washington patients more than 82,000 times. 

Judge O’Donnell ordered Optimum to pay $10 per violation for a total penalty of $827,290, which will go to the state general fund. 

Optimum must also reimburse the Attorney General’s Office for the costs of bringing the case, which are estimated to exceed $400,000. The court will determine the exact amount in a future proceeding. Finally, Optimum must make reforms to come into compliance with Washington law.

Optimum Outcomes unlawfully collected payments from those patients without providing critical information about their rights when faced with medical debt. By excluding the legally required disclosures about financial assistance in its collection letters, Optimum Outcomes created barriers that kept patients who likely qualified for financial assistance from learning about and accessing help with their hospital bills.



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AG Ferguson: $500K will fund genetic genealogy testing for all unidentified remains in Washington

Tuesday, March 12, 2024

Missing and Murdered Indigenous Women Washington

OLYMPIA — Attorney General Bob Ferguson provided the following statement today after the Legislature approved his budget request for $500,000 to fund genetic genealogy and DNA testing for the entire backlog of unidentified remains in Washington.

Right now, 163 unidentified remains await further testing in Washington. The new funding will supplement existing state and federal DNA testing resources. As a result, families awaiting information about loved ones do not need to endure unnecessary delays and cases can be resolved more quickly.

The Attorney General’s Office and the Missing and Murdered Indigenous Women and People Task Force advocated for the funding to clear the backlog. The task force, convened by the Attorney General in 2021, published a report in December 2023 urging the Legislature to dedicate the funding necessary to clear the backlog. DNA testing of individual remains and forensic genetic genealogy are proven strategies to identify missing Indigenous people and bring closure to families.

“Timely DNA testing can bring a measure of closure and help solve more cold cases,” Ferguson said. 
“Families should never have to endure unnecessary delays when seeking answers about their missing loved ones. I am thankful to our partners in the Legislature — Rep. Lekanoff, Rep. Stearns and Sen. Kauffman and many others — who continue to fight to ensure the missing and murdered Indigenous people crisis gets the attention and resources it deserves.”

In December 2023, the task force released its latest report and recommendations. The recommendation calling for funds to clear the backlog of unidentified remains stems from the experience of task force member Patricia Whitefoot, who waited 14 years for the partial remains of her sister, Daisy Mae Heath, to be tested and identified. Much of that delay was due to a lack of funding. Ultimately, the Attorney General’s Office worked with the Yakima County Coroner to provide the necessary funding.

“I’m pleased the Washington State Attorney General’s Office heard the voices of families in our pursuit to know the status of unidentified remains,” Whitefoot said. 
“I was reminded of these remains whenever our family received an inquiry about unidentified remains, since my sister, Daisy Heath, had been missing over 30 years. 
"Because of our sister, I found myself motivated and compelled to promote needed resolution about the remains with the task force. Our family wondered about the status of our sister for far too long.”



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AG Ferguson request bill to help more than 35,000 Washington veterans access state benefits passes legislature unanimously

Saturday, March 2, 2024


OLYMPIA — Today, the Washington state Legislature unanimously passed Attorney General request legislation sponsored by Rep. Mike Volz, R-Spokane, that will expand state benefits to more than 35,000 Washington veterans. It now heads to the governor’s desk to be signed into law.

Most of the Washington veterans affected by the bill, House Bill 2014, already qualify for federal benefits. Due to Washington state’s narrower definitions, they are unable to access state benefits.

The Attorney General Request legislation changes state law to ensure veterans who qualify for federal veterans benefits also qualify for state benefits. In addition, the bill ensures any veteran discharged solely for their sexual orientation or gender identity can qualify for state benefits after a review, even if they do not qualify for federal benefits.

Ferguson estimates the bill will allow more than 35,000 additional Washington veterans to access state benefits, based on census and other federal data. State benefits include things like admission to state veterans’ nursing homes, veteran preference in state job applications or down payment assistance for a new home.

Sen. John Lovick, D-Mill Creek, sponsored a Senate version of the bill.

“If Washington’s veterans can get benefits from the VA, then they should be able to get critical benefits from the state they live in,” Ferguson said. “This simple and long overdue change will improve the lives of tens of thousands of Washington veterans. I appreciate Rep. Volz’s partnership on this bill.”

“This legislation is simply trying to define what the standard is to qualify for benefits and under what circumstances, said Volz. "Any service member with any discharge other than a dishonorable one should have access to all veteran benefits and programs.”

Washington law currently only offers benefits to veterans who were discharged from military service under a very narrow set of conditions. This disproportionately impacts veterans who are BIPOC; identify as LGBTQ and were discharged before the military ended its restrictive policies like “Don’t Ask, Don’t Tell”; survived military sexual assault or had mental health conditions like Post Traumatic Stress Disorder.

Examples of state benefits
  • Washington state offers veterans benefits such as:Home ownership assistance
  • Admission to state veterans nursing homes
  • Hiring preference for veterans in public employment
  • Protection against discrimination due to veteran status
  • Free license plates for veterans with disabilities

More information here


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AG Ferguson: PR firm will pay Washington state $7.9 million for helping Purdue aggressively and deceptively market opioids

Thursday, February 8, 2024

Attorney General Bob Ferguson announced recently that public relations firm Publicis Health will pay Washington state more than $7.9 million for its role in fueling the opioid epidemic. 

The Washington Attorney General’s Office has recovered more than $1.2 billion and counting that must be used to combat the fentanyl and opioid crisis in Washington as a result of legal actions against entities that helped fuel the epidemic.

Publicis Health was the main marketing firm for Purdue Pharma for more than a decade. Publicis Health helped Purdue’s sales force target prescribers who would be most likely to prescribe large amounts of opioids, and had some prescribers record conversations with their patients to help the company better market the highly addictive narcotics.

The $7.9 million will come to the state in the next several months, and can be appropriated during the 2024 legislative session. As part of a $350 million multistate resolution, Publicis Health will no longer market or advertise opioid products.

Today’s announcement is in addition to the $149.5 million resolution with Johnson & Johnson

Successful previous outcomes include:
  • $518 million from distributors McKesson, Cardinal Health and AmerisourceBergen.
  • $183 million from manufacturer Purdue Pharma and the Sackler family bankruptcy.
  • $149.5 million from Johnson & Johnson.
  • $120.3 million from Walgreens.
  • $110.7 million from CVS.
  • $90.8 million from Teva Pharmaceuticals.
  • $62.6 million from Walmart.
  • $50 million from Allergan.
  • $13.5 million from McKinsey, a consulting firm that advised Purdue Pharma.
  • $7.9 million from Publicis Health.
  • $7.7 million from the Mallinckrodt bankruptcy.

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AG Ferguson: Providence must provide $157.8 million in refunds and debt relief for unlawful medical charges to low-income Washingtonians

Saturday, February 3, 2024

Attorney General Bob Ferguson announced today that Providence, one of the nation’s largest healthcare systems, must forgive more than $137 million in medical debt and refund more than $20 million to patients the company billed for services despite knowing they likely qualified for free or reduced-cost health care. 

The $157.8 million resolution will provide full refunds, plus interest, and debt forgiveness for 99,446 individuals. It is the largest resolution of its kind in the country.

State law requires hospitals to provide medical financial assistance, also known as charity care, to Washingtonians based on their income level — for both insured and uninsured patients. Hospitals are required to notify patients about this protection and check to see whether they are eligible for discounts on their out-of-pocket expenses.

Ferguson filed an enforcement action against Providence for deceiving patients into believing they had no choice but to pay their medical bill, and unlawfully shifting the burden onto patients to self-identify their eligibility for financial assistance. This created barriers to affordable care for thousands of the most vulnerable Washingtonians.

The legally enforceable agreement, filed today in King County Superior Court, resolves Ferguson’s lawsuit against all hospitals operated by Providence and its Washington affiliates, Swedish Medical Center and Kadlec Regional Medical Center.

Ferguson’s lawsuit asserted that between 2018 and 2023, Providence routinely disregarded its legal obligations. 

Instead, Providence trained staff to aggressively ask for payment from patients who were likely eligible for financial assistance, or simply billed them without determining if they qualified. 

In thousands of cases, Providence knowingly sent low-income patients — including Medicaid enrollees — to debt collectors. One of Providence’s own employees warned leadership that the health system’s practices were “sending the poor to bad debt.”

Providence health system operates hospitals across Washington. Many of its hospitals are either the largest or the only hospital in the area. Swedish First Hill and Providence Sacred Heart are among the largest hospitals in the state, with more than 600 beds. 

Together, these hospitals reported more than $18 billion in patient service revenues in 2020.

“Washingtonians concerned about the rising cost of health care should know that my team is fighting to enforce critical protections that improve affordability,” Ferguson said.

If patients have questions about whether they qualify for this resolution, they should contact Providence. The Attorney General’s Office does not have patient data. Providence can be reached at 855-229-6466.

The case against Providence is part of Ferguson’s Health Care Initiative. The resolution is the largest of four charity care cases handled by his office, resulting in more than $205 million in debt forgiveness and refunds for Washingtonians

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AG Ferguson files lawsuit to block Kroger-Albertsons merger

Tuesday, January 16, 2024

Lake Forest Park Albertson's
Photo by Jerry Pickard

Albertsons owns Safeway and Haggen, while Kroger owns QFC and Fred Meyer

Attorney General Bob Ferguson filed a lawsuit today to block the proposed Kroger-Albertsons grocery merger. Ferguson asserts the proposed merger of the two largest supermarket companies in Washington state will severely limit shopping options for consumers and eliminate vital competition that keeps grocery prices low.
 
Ferguson also asserts that a proposal by Kroger and Albertsons to mitigate the impacts of their merger, which includes selling off more than 100 stores in Washington, does not change the fact that Kroger would still enjoy a near-monopoly in many markets in the state. 

In addition, the plan to sell the stores to a company that is primarily a wholesale supplier could set up many of the divested supermarkets to fail, endangering Washington jobs and further diminishing choices for Washington shoppers.

“This merger is bad for Washington shoppers and workers,” Ferguson said. “Free enterprise is built on companies competing, and that competition benefits consumers. Shoppers will have fewer choices and less competition, and, without a competitive marketplace, they will pay higher prices at the grocery store. That’s not right, and this lawsuit seeks to stop this harmful merger.”

Ferguson press conference

The lawsuit, filed today in King County Superior Court seeks to block the merger of Kroger and Albertsons nationwide. Ferguson asserts the merger eliminates Kroger’s closest competitor and decreases customer choice by significantly increasing the concentration of stores owned by the same company throughout Washington.

Even company executives have expressed that the merger might be illegal. After rumors of the proposed merger surfaced, a vice president with Albertsons wrote that “you are basically creating a monopoly in grocery with the merger… [it] makes no sense.”

An Albertson’s Human Resources director wrote of the merger: “It’s all about pricing and competition and we all know prices will not go down.”

Kroger and Albertsons are the two largest supermarket chains in Washington and the second and fourth largest supermarket operators in the country. They currently have more than 700,000 employees in nearly 5,000 stores across 49 states. They have combined annual revenue in excess of $200 billion.

Kroger alone has more than 21,000 workers in Washington.

Companies own more than half of Washington supermarkets

More than half of all supermarkets in Washington state are currently owned by either Kroger or Albertsons, and they account for more than 50% of all supermarket sales in the state. 

Albertsons owns Safeway and Haggen, while Kroger owns QFC and Fred Meyer. Collectively, Kroger and Albertsons operate more than 300 supermarkets in Washington, including approximately 194 in the Seattle-Tacoma-Bellevue metropolitan area.

Read more here


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AG Ferguson: Lumen (CenturyLink) will pay $825,000 to 1,099 customers over illegal pandemic disconnections

Saturday, December 30, 2023

OLYMPIA — Attorney General Bob Ferguson announced that Lumen, formerly CenturyLink, will pay a total of $825,000 to 1,099 Washington telephone customers it disconnected during the pandemic in violation of the emergency health and safety moratorium. 

The payment resolves two separate investigations by Ferguson’s Public Counsel Unit and his Consumer Protection Division.

Lumen is a telecommunications company that provides network and cloud services, among other offerings. It also provides residential and commercial local and long-distance telephone service to 18 states, including Washington. 

According to the Washington Utilities & Transportation Commission (UTC), Lumen is the state’s largest local telephone company, serving approximately 650,000 residential and business lines.

Lumen will provide customers with $707.55 for each unlawful disconnection from telephone service they experienced between March 23, 2020, and Sept. 30, 2021. 

Where Lumen disconnected a customer multiple times, that customer will receive $707.55 for each disconnection. Former Lumen customers will receive a check in the mail, and current customers will receive a credit on their bill. All impacted customers will also receive a letter from the Attorney General’s Office explaining Lumen’s conduct that led to them receiving the bill credit or refund.

Checks are expected to go out by February 10, 2024.

In addition to the $825,000 payment, Lumen must verify to the Attorney General’s Office that it has refunded all reconnection and late fees the company charged to more than 35,000 customers during the pandemic. If it finds any customers were charged fees it has not already refunded, the company must refund those fees, with interest.

Lumen has already returned more than $1.3 million to customers that it charged in violation of the emergency proclamation.

The Governor issued a proclamation during the pandemic that prohibited telecommunication companies from disconnecting customers from landline services, as well as prohibiting late fees or reconnection fees. The proclamation was in effect from March 23, 2020, through Sept. 30, 2021.

The proclamation preserved communication during the pandemic for telephone customers — like rural Washingtonians or those without cell phones or consistent service. Without it, residents could not call for help in emergencies, or stay in contact with loved ones over the phone.

Despite the proclamation, Lumen disconnected 1,099 customers, 67 of them more than once.

Today’s resolution is in addition to $692,250 in penalties the UTC has levied against Lumen for disconnecting some customers in violation of the moratorium. In October, the UTC reduced Lumen’s penalty from $923,000. As part of the resolution, Lumen will not challenge the UTC’s penalties any further.

Penalties paid to the UTC in these cases are used to help fund the commission’s public benefit and education programs and are not used to fund its operations.


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Washingtonian Google Play Store users eligible for share of $700 million as a result of AG Ferguson lawsuit

Friday, December 29, 2023

Washingtonian Google Play Store users eligible for share of $700 million as a result of AG Ferguson lawsuit. Lawsuit, filed in 2021, accused Google of burying competition to its app store.


OLYMPIA — Attorney General Bob Ferguson announced that, as a result of his multistate antitrust lawsuit against Google, Washington Google Play Store users are eligible for a share of a $700 million nationwide resolution against the global technology giant.

The lawsuit accused Google of using anticompetitive practices to insulate its app distribution service, Google Play Store, from competition — forcing Android app developers to raise app prices for users in order to pay Google’s exorbitant fees. These practices targeted all levels of the smartphone ecosystem, including device manufacturers, network operators and app developers.

Each eligible consumer will receive at least $2, with additional payments depending on how much they spent in the Play Store between August of 2016 and September of 2023. An estimated 2.9 million Washingtonians have Android phones, though only those who paid for apps through the Play Store, or paid for in-app purchases, are eligible.

Washingtonians will receive an estimated $10.6 million in reimbursements for their overpayments all together.

“When companies illegally act like monopolies, everyone loses out on the benefits of healthy competition,” Ferguson said. “People face higher prices and fewer choices. Smaller businesses are forced out of the market — or have no way into it in the first place. 
"This resolution stops Google from rigging the system and creates a more level playing field. We will continue to fight for a competitive marketplace that increases consumer choice, improves affordability and provides a level playing field for business.”

More information here



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AG Ferguson: PeaceHealth will return up to $13.4 million to patients who should have received financial assistance

Tuesday, November 21, 2023

Attorney General Bob Ferguson announced today that hospital chain PeaceHealth is refunding up to $13.4 million to more than 15,000 low-income patients of its five western Washington hospitals.

The refunds are a result of an Attorney General’s Office investigation into the hospital chain’s financial assistance and collection practices. 

Ferguson’s investigation found that PeaceHealth billed thousands of low-income patients who likely qualified for financial assistance without informing them of their eligibility.

PeaceHealth operates hospitals in Bellingham, Friday Harbor, Longview, Sedro-Woolley and Vancouver. This resolution impacts patients at all five hospitals.

Starting in July 2022, four million Washingtonians are qualified for free or discounted care at hospitals across Washington as a result of legislation that Ferguson requested.

The legislation requires large hospital systems to provide more financial assistance. Approximately half of all Washingtonians are now eligible for free or reduced-cost care at hospitals that represent approximately 80 percent of the licensed beds in the state.

Ferguson worked with prime sponsor Rep. Tarra Simmons, D-Bremerton, and Reps. Eileen Cody, D-Seattle, and Nicole Macri, D-Seattle, on HB 1616 to strengthen Washington’s law.



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Washington’s backlog of rape kits has effectively been eliminated

Tuesday, October 31, 2023

Attorney General Bob Ferguson announced that the last of more than 10,000 sexual assault kits have been cleared from shelves and sent to labs for testing. 

This marks a major milestone for the Attorney General’s Sexual Assault Kit Initiative.

Washington’s backlog of rape kits has effectively been eliminated

Clearing the backlog and testing the kits has helped solve at least 21 sexual assault cases — a number that is not exhaustive and will grow over time. The testing has resulted in more than 2,100 “hits” in the national DNA database, known as CODIS. A hit occurs when a DNA sample matches an individual or another case in the database, which generally consists of offenders.

The crimes that have been resolved as a result of these hits were committed against adults and children — including a victim as young as 3 years old — and occurred all over the state between 2002 and 2015.

“Effectively ending our sexual assault kit backlog is a historic step toward justice — but our work on behalf of survivors is not done,” Ferguson said. 
“Through this collective effort, we ensured that survivors’ voices are heard, reformed a broken system, improved testing times, and solved crimes. This success proves that government can solve big problems when we work together. 
"We are committed to working with our partners in law enforcement to prevent any more backlogs so we have the best chance of solving these serious crimes.”

Rep. Tina Orwall, D-Des Moines
Rep. Tina Orwall, D-Des Moines, whose first bill to address this issue was introduced in 2015, said “When I first started this work, I was shocked to learn that thousands of sexual assault kits remained untested. 
"Over the course of many years and through multiple bills we have committed to testing our state’s entire backlog of sexual assault kits, leading to the arrest and prosecution of many perpetrators. 
"Now, with a system in place for the state to test every sexual assault kit within 45 days, we are supporting and empowering victims and survivors.”

Testing these kits and adding the DNA to CODIS can help solve serious crimes and bring closure to countless victims.

As part of its SAKI project, the Attorney General conducted an inventory with every law enforcement agency in the state and determined the backlogged kits exceeded 10,000. At the time, more than 6,400 kits were still sitting on shelves at law enforcement agencies across the state. Some of the untested kits dated back to the 1980s.

Today all 10,134 backlogged sexual assault kits found in the office's inventory have been tested or submitted to a private lab for testing.

The Washington State Patrol is still reviewing approximately 1,000 tested kits, many of which will be added to CODIS. That process should be completed by the end of the year.


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AG Ferguson defeats third attempt to block Washington’s ban on the sale of assault weapons

Monday, September 4, 2023

OLYMPIA — A Thurston County Superior Court judge agreed with Attorney General Bob Ferguson and rejected another attempt to block Washington’s new law banning the sale of assault weapons. 

This is the third time in less than three months a judge has ruled that the ban should remain in place while legal challenges continue.

On Friday, Judge Allyson Zipp rejected a request in Guardian Arms v. Inslee for a preliminary injunction blocking the implementation of House Bill 1240

Judge Zipp rejected a similar motion for a temporary restraining order that would have blocked the law in the same case on June 23.

On June 6, U.S. District Court Judge Robert Bryan also rejected a request to block the law in a separate case, Hartford, et al. v. Ferguson, et al.

Ferguson and Gov. Jay Inslee jointly requested HB 1240 during the 2023 legislative session.

Ferguson first proposed a ban on the sale of assault weapons in 2017 in the wake of the 2016 mass shooting at a Mukilteo house party. The shooter used a military-style assault rifle and a high-capacity magazine. The 2023 legislative session was the second time Inslee joined Ferguson to call for a ban on the sale of assault weapons.

The new law went into effect immediately after Inslee signed it on April 25. Legal challenges began the same day.

“My legal team remains undefeated against the gun lobby in court,” Ferguson said. “This common-sense gun reform will save lives by restricting access to the preferred weapon of mass shooters.”

Judge Zipp delivered an oral ruling denying the preliminary injunction today. A written order will be filed at a later date.

The new law prohibits the sale, manufacture, and import of assault weapons in Washington state while allowing reasonable exemptions for manufacture and sale to law enforcement and the military. The law does not prohibit the possession of assault weapons.

Washington is the 10th state to adopt legislation restricting assault weapons. Multiple federal courts have upheld these public safety laws as constitutional.

Guardian Arms was originally filed in Grant County, but Ferguson successfully had the case transferred to Thurston County. In addition to Guardian Arms and Hartford, there is one other challenge to HB 1240 pending in federal court in the Eastern District of Washington, Banta v. Ferguson.

The Attorney General’s Office is undefeated in defending state law from attacks by the gun lobby:
  • Northwest School of Safety v. Ferguson: Plaintiffs including the Second Amendment Foundation challenge to Initiative 594, which required background checks on all gun sales.
  • Mitchell v. Atkins: Plaintiffs including the National Rifle Association and the Second Amendment Foundation challenge to Initiative 1639, which restricted the sale of assault weapons to individuals over the age of 21, and imposed background check requirements.
  • Slone v. Washington: Plaintiffs including Gun Owners of America challenge to I-1639.
  • Silent Majority Foundation, et al. v. Jay Inslee, et al.: Plaintiffs including the Silent Majority Foundation challenge to House Bill 1705, banning ghost guns.
  • Hartford, et al. v. Ferguson, et al.: Plaintiffs including the Second Amendment Foundation and the Firearms Policy Coalition challenge to House Bill 1240, which bans the sale of assault weapons in Washington.
  • Guardian Arms v. Inslee: Plaintiffs including the Silent Majority Foundation challenge to House Bill 1240, which bans the sale of assault weapons in Washington.
The Attorney General’s Office has also successfully brought cases to enforce firearms safety laws:
  • State of Washington, et al., v. U.S. Department of State, et al.: Defendants including Defense Distributed and the Second Amendment Foundation, sought to distribute 3D-printable gun files.
  • State of Washington v. Federal Way Discount Guns: Defendants represented initially by the Silent Majority Foundation sold high-capacity magazines in violation of Washington law.

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AG Ferguson wins up to $695,000 in refunds for Washingtonians harmed by lingerie company’s deceptive subscriptions practices

Monday, June 19, 2023

OLYMPIA — Attorney General Bob Ferguson announced today a national online apparel company will return as much as $695,000 to approximately 5,700 Washingtonians it deceptively enrolled into a monthly subscription service.

From 2012 through 2017, Adore Me, a national company that sells lingerie and other women’s clothes online, placed a pre-checked box on all its online orders that enrolled Washingtonians into a monthly “VIP Membership.” 

Individuals who did not notice the pre-checked box, especially those who made a one-time purchase, may not have known that the company automatically enrolled them into a membership program that charged them monthly fees.

The company continued to charge many individuals $39.95 per month for the “VIP Membership,” which it put into their accounts to use for future purchases. 

However, many Washingtonians did not know this money went into an account and accrued during the course of many months. 

If individuals asked for their money back, Adore Me made it difficult to receive any money back. Ferguson asserted Adore Me’s conduct violated the state’s Consumer Protection Act and constituted unfair or deceptive business practices.

“Deceiving Washingtonians into subscriptions they don’t want cheats the consumer and hurts other businesses that play by the rules,” Ferguson said. “I am committed to ending these schemes. If this happened to you, contact my office so we can help.”

A court order filed in Thurston County Superior Court requires Adore Me to pay restitution to Washingtonians who accumulated monthly fees in their accounts and want that credit back as cash. 

Washingtonians can either opt for a cash payout or use the money to purchase apparel from the retailer. 

The Attorney General’s Office will contact Washington consumers who may be eligible for restitution via email. As part of the conditions of the legally enforceable order, Adore Me must:
  • Clearly and conspicuously disclose all fees, costs, conditions, limitations and restrictions applicable to the VIP Membership program so consumers can make an informed decision for enrollment;
  • Promptly honor consumer cancellation requests;
  • Abandon all practices requiring a consumer to complete an online quiz or survey in order to cancel their VIP Membership program, and not make more than one attempt to keep them enrolled once a consumer has indicated an intent to cancel; and
  • Cease the billing of recurring charges to any consumers enrolled in the VIP Membership program who have accumulated 12 months of store credit via recurring charges.

Adore Me still offers this VIP Membership but it now has greater transparency for the terms of the program, following a 2017 resolution with the Federal Trade Commission. 

The commission asserted the company made it hard to cancel memberships, including by limiting how consumers could submit cancellation requests, understaffing its customer service department and putting consumers through drawn-out cancellation processes.

In January, national apparel retailer Victoria’s Secret took ownership of Adore Me.

More information here

The Attorney General’s Office responds to every consumer complaint. It fields approximately 24,000 complaints annually, and returns tens of millions of dollars per year to consumers through its informal complaint resolution process, which involves working with businesses to resolve consumer complaints pre-investigation or litigation.

Washingtonians can file a complaint here


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