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

AG Ferguson files lawsuits against two companies for sending more than 200,000 deceptive letters to Washington small business owners

Sunday, March 20, 2022

SEATTLE — Attorney General Bob Ferguson today filed consumer protection lawsuits against two companies and their owners for sending more than 210,000 deceptive letters to small business owners in Washington. 

The letters deceptively appear to originate from the government, and demand payment for a “Certificate of Status” or a workplace poster that are available from the government free of charge or for a fraction of the monetary demand. 

More than 15,000 Washington businesses paid these two defendants more than $1.2 million in response to their deceptive letters.

Ferguson’s two lawsuits, both filed in King County Superior Court, assert CA Certificate Service, which also does business as WA Certificate Service, and Labor Poster Compliance violated the state Consumer Protection Act hundreds of thousands of times. 

The lawsuits name the four co-owners of CA Certificate Service — James L. Beard, Dean G. Marshlack, Chad M. Davis and Joshua T. Strawn — and two co-owners of Labor Poster Compliance, James L. Beard and Chad M. Davis. The four defendant owners are located in the St. Petersburg, Florida area, and their companies operate nationwide.

The two companies sent at least 210,784 letters into Washington state since March 2019. Ferguson asserts these letters unlawfully duped small business owners into making unnecessary payments to the companies.

At least 14,743 Washington business owners paid $82.50 to CA Certificate Service — a total of approximately $1.2 million. The Attorney General’s Office estimates over 318 Washingtonians paid Labor Poster Compliance $79.25 — a total of more than $25,000.

Ferguson will also soon file motions for preliminary injunction to shut down the companies’ operations in Washington and prevent further mailings of their deceptive letters while the cases are ongoing. The Attorney General’s Office continues to receive complaints about the letters and Washingtonians have so far filed 90 complaints.

The Attorney General’s Office will ask the court to require both companies to pay back the money they obtained deceptively from Washington business owners, seek civil penalties of up to $7,500 per violation of the Consumer Protection Act and pay attorneys’ costs and fees.

“Small businesses power our economy,” Ferguson said. “With this lawsuit, I intend to get the impacted business owners their money back – with interest.”

If you suspect you are the target of similar scams, please contact the Attorney General’s Office. You can file a complaint online at atg.wa.gov/file-complaint or call the office toll-free at 1-800-551-4636.

More information here



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AG Ferguson: Washington will receive an additional $113 million from oxycontin makers to address the opioid crisis

Friday, March 4, 2022

OLYMPIA — Attorney General Bob Ferguson announced that Washington will receive an additional $113 million from Purdue Pharma and the Sackler family as a result of Ferguson leading a challenge to the Oxycontin maker’s bankruptcy plan.

By challenging the original bankruptcy plan, Ferguson and eight other attorneys general won an additional $1.175 billion from the Sacklers to help states, cities and tribes address the harms of the opioid epidemic. 

Washington’s share will more than double as a result of Ferguson challenging the bankruptcy plan —from $70 million under the original plan to $183 million. 
This money must be used to tackle the opioid crisis and help Washington’s recovery, a requirement that Ferguson has always insisted upon.

Ferguson co-led a group of nine attorneys general who challenged the bankruptcy proposal in federal court. Washington was one of three states to deliver oral arguments in U.S. District Court in New York City in November. 

Washington State Solicitor General Noah Purcell represented Washington at that hearing, and delivered oral arguments on a key issue. In December, U.S. District Court Judge Colleen McMahon agreed with Ferguson and rejected the bankruptcy proposal.

“Rather than join the majority of states in settlement, Washington chose to lead the fight against the Sacklers and Purdue,” Ferguson said. 
“As a result, we won more than $100 million for Washington state to address the opioid epidemic, and more than $1 billion for states, cities and tribes across the country. We stood up to the Sacklers and forced them to relinquish more of their fortune to help undo the damage they caused.”

The proposed resolution must still be approved by the bankruptcy court. In addition, Purdue and the Sacklers have appealed the District Court’s ruling vacating the original bankruptcy plan. As part of the new proposal, Washington and the eight other attorneys general will drop their opposition to the appeal pending approval of this settlement. The federal government and other parties involved in the appeal may or may not choose to continue the case.

If the appeal goes forward, the proposed settlement is contingent on the bankruptcy plan being approved. If the bankruptcy plan is not upheld, the proposed deal is void, and Ferguson will continue fighting in court to hold the Sacklers and Purdue accountability for illegally fueling the opioid epidemic. Washington was preparing for trial against Purdue Pharma when it declared bankruptcy.

As a result of this settlement, Washington will now receive a total of $183 million from Purdue and Sacklers to address the harms of the crisis — a significant increase from the original settlement that Ferguson rejected

The terms of the original plan, which Ferguson rejected as insufficient, guaranteed Washington approximately $70 million. As a result of Ferguson’s legal challenge, Washington will now receive another $113 million, for a total of $183 million, and, potentially, an additional $11 million, for a total of $194 million.

The nine attorneys general who successfully challenged the bankruptcy plan will receive additional money above the other states that did not challenge the plan. As a result of Washington’s leadership role in the legal challenge, Washington will receive $93.1 million.

All states, counties, cities and tribes with claims against Purdue — thousands of entities — will split $898 million. Washington will receive $20 million of this money.

The deal also provides the possibility of an additional $500 million all governmental parties would share if proceeds from the sale of the family’s international companies meet certain thresholds. If that money becomes available, Washington stands to gain about $11 million more.Under the terms of the settlement, the Sacklers and Purdue will make the final payment in 2039.

Read the case background here.



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Grocery Manufacturers Association apologizes, will pay $9 million, and drop challenge to campaign finance law

Thursday, March 3, 2022

State Attorney General Bob Ferguson
OLYMPIA — As a result of Attorney General Bob Ferguson’s successful campaign finance lawsuit, the former Grocery Manufacturers Association (GMA), now known as the Consumer Brands Association, will pay $9 million and apologize for its intentional violations of Washington’s campaign finance law.

The payment will include a $3 million donation to organizations that address food insecurity in Washington. Food Lifeline and Northwest Harvest will each receive $1.5 million as a result of the resolution.

This resolves eight years of litigation that resulted in the State Supreme Court upholding GMA’s intentional campaign finance violation. As a result, GMA is dropping its appeal to the United States Supreme Court. The Attorney General’s Office believes this is the largest federal or state campaign finance penalty in United States history.

The trade organization, representing large corporations including PepsiCo, Inc, Nestle USA, Inc, and The Coca Cola Company, funneled millions of dollars into the state to oppose Initiative 522, regarding the labeling of genetically-engineered foods. 
If approved, the initiative would have required genetically engineered foods to be labeled “clearly and conspicuously” on the front of packaging.

Internal GMA documents obtained as a result of Ferguson’s lawsuit revealed an intentional, systematic effort to conceal the true sources of those contributions through GMA’s “Defense of Brands Strategic Account.” 

For example, meeting minutes from the GMA Board’s Finance and Audit Committee meeting revealed the purpose of this concealment, in GMA’s own words, to “provide anonymity and eliminate state filing requirements for contributing members.” 

In one GMA Executive Committee meeting, the Executive Vice President for Government Affairs noted that the fund would “shield individual companies from public disclosure and possible criticism.”

Ferguson filed a lawsuit in Thurston County Superior Court in 2013, where the judge found GMA violated the law, levying a $6 million penalty, which the judge then trebled because she found GMA’s violations intentional. 

The Court of Appeals largely affirmed the trial court’s decision, but held that the trial court had erred in finding GMA’s violations intentional, so it reversed the trebling of the penalty. The Washington State Supreme Court affirmed that GMA’s violations were intentional and reinstated the trial court’s $18 million penalty, remanding the case to the state Court of Appeals to consider GMA’s argument that the penalty was excessive under the state and federal constitutions.

In November 2020, the appeals court unanimously confirmed the penalty is not excessive based on GMA’s conduct. The Washington Supreme Court upheld that decision in a 5-4 ruling in January.

GMA then announced that it would file a petition for review before the United States Supreme Court, challenging not only its penalty, but also the constitutionality of significant portions of Washington’s voter-approved campaign finance law.

Today’s resolution requires GMA to:
  • Drop its U.S. Supreme Court appeal;
  • Pay the trial court’s $6 million penalty to the state;
  • Pay $3 million to nonprofits addressing food insecurity in Washington; and
  • Apologize for its conduct.

In the resolution, GMA gave the following apology: “The Grocery Manufacturers Association accepts responsibility for failing to disclose donors in a timely manner in a 2013 ballot initiative and failing to register as a political committee in accordance with Washington State campaign finance disclosure requirements. We acknowledge the ruling of the Washington Supreme Court and apologize to the voters of Washington State.”

“Illegal dark money has no place in Washington elections,” Ferguson said. “My office will be relentless ensuring dark money special interests that intentionally violate our campaign finance laws will be held accountable — even if it takes a decade. 
"This resolution requires GMA to finally accept responsibility for its intentional violation, pay a significant penalty and help put food on the table for Washingtonians in need.”

Former Deputy Solicitor General Callie Castillo, former Senior Assistant Attorney General Linda Dalton, Senior Assistant Attorney General Garth Ahearn, Deputy Solicitor General Karl Smith and Solicitor General Noah Purcell handled this case for the state. Purcell argued the case before the state Court of Appeals and the Supreme Court.



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AG Ferguson files lawsuit against Swedish for failing to make charity care accessible to thousands

Saturday, February 26, 2022

Swedish Edmonds is named in Attorney General's lawsuit 
SEATTLE — Attorney General Bob Ferguson announced a consumer protection lawsuit against five Swedish hospitals and nine Providence-affiliated facilities for failing to ensure that eligible low-income Washingtonians receive the discounts to which they are legally entitled, and aggressively collecting money from charity care eligible low-income Washingtonians.

Ferguson will also file a motion for preliminary injunction unless the hospitals agree to stop their conduct while the case is ongoing.

Washington’s charity care law protects low-income Washingtonians from out-of-pocket hospital costs. The protections apply to both insured and uninsured patients.

The hospitals are located around the state, from Seattle to Spokane, Walla Walla to Everett. In their communities, many of the hospitals are either the largest, or the only hospital in their area. Swedish’s location at First Hill is the largest hospital in the state with over 800 beds. Together, these hospitals reported more than $18 billion in patient service revenues in 2020.

Ferguson’s lawsuit, filed in King County Superior Court, asserts that these hospitals committed thousands of Consumer Protection Act violations, including:
  • Training employees to aggressively collect payment without regard for a patient’s eligibility for financial assistance, instructing them to use a specific script when communicating with patients that gives patients the impression that they are expected to pay for their care. Providence instructed employees: “don’t accept the first no”;
  • Failing to notify patients they were eligible for charity care financial assistance when the providers determined they qualified for assistance;
  • And sending more than 54,000 patient accounts to debt collection, despite knowing the patients were eligible for financial assistance. These 54,000 patient accounts totaled more than $70 million. Under Washington’s current charity care law, those patients were eligible for discounts on their bills. 
Moreover, under its own charity care policies that Providence promoted, these patients should have been eligible for full write-offs of their medical debt.The lawsuit seeks restitution in the form of full write-off of medical debts, and refunds, plus interest, for patients who did not receive financial assistance. 

In addition to the $70 million in debt relief and refunds, Ferguson is also seeking millions of dollars in civil penalties. The total number of Consumer Protection Act violations will be determined as the case progresses.

If you paid for medical services or are in collections for a medical bill from a Providence or Swedish hospital or Kadlec Regional Medical Center, and believe you may be eligible for charity care, contact Attorney General’s Office Investigator Bau Vang at 206-516-2989 or by email at bau.vang@atg.wa.gov

More information here



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AG Ferguson: Center for COVID Control blocked from operating testing centers in Washington while case continues

Friday, February 18, 2022

Unprocessed test kits were shoved
into plastic bags. Previous article here.
OLYMPIA — Attorney General Bob Ferguson today announced that his office obtained a preliminary injunction in a case against Illinois-based testing company Center for COVID Control. 

Under the order, the court blocked the company from providing COVID-19 testing services or collect consumer health information in Washington while the case is litigated.

In addition, as part of the court order, the company agreed to never again operate in Washington. 

The company shut down its Washington-based testing centers on or about January 13, 2022 and has not reopened them since.

The case will now enter the discovery phase, and will continue on the merits of the legal claims.

“Calling this conduct a ‘scam’ is an understatement,” Ferguson said. “It was unethical, illegal, and jeopardized the health of thousands of Washingtonians. Our investigation put a stop to Center for COVID Control’s Washington operations.”

More information here



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House passes AG Ferguson, Rep. Simmons bill to ensure that 4 million Washingtonians get help with their hospital bills

Sunday, February 6, 2022

Bob Ferguson, WA State Attorney General
OLYMPIA — The Washington state House has passed Attorney General Bob Ferguson’s bill to increase access to affordable health care for millions of Washingtonians by a bipartisan 63-33 vote. 

The measure now heads to the Senate for consideration.

Ferguson is working with prime sponsor Rep. Tarra Simmons, D-Bremerton, and Reps. Eileen Cody, D-Seattle, and Nicole Macri, D-Seattle, on the bill, HB 1616

The bill more than doubles the number of Washingtonians eligible for financial assistance with their out-of-pocket health care costs at hospitals to about 4 million — an increase of 2.2 million Washingtonians over current law.

“Too many Washingtonians are just one hospital bill away from financial crisis,” Ferguson said. 
“Under current law, a single parent working two minimum wage jobs at 50 hours per week is not eligible for financial assistance at Washington hospitals — that’s not right and it needs to change. This bill ensures that help is there for those who need it.”

Rep. Simmons said. “It will guarantee that a trip to the emergency room will not result in families losing their home or not being able to put food on the table. Washingtonians deserve access to essential care without having to worry if they will be bankrupted by a trip to the hospital.”

Nationwide, about two-thirds of individuals who file for bankruptcy cite medical issues as a key contributor, and more than half of collection items on credit reports are for medical debts.

Read more here



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AG Ferguson files lawsuit against Center for COVID Control over invalid and false test results

Tuesday, February 1, 2022

Center for COVID Control stored
week-old tests in garbage bags
OLYMPIA — Attorney General Bob Ferguson today filed a lawsuit against Center for COVID Control, an Illinois-based company that ran several testing centers in Washington state, for providing invalid, false and delayed COVID-19 test results to Washingtonians, or sometimes providing no results at all. 

The company’s unlawful practices included storing tests in garbage bags for over a week rather than properly refrigerating them, and backdating sample collection dates so that stale samples would still be processed.

Employees reported that the company instructed them to “lie to patients on a daily basis” when Washingtonians complained about their delayed results.

Ferguson’s lawsuit, filed in King County Superior Court, asserts the company violated the Consumer Protection Act when it deliberately failed to deliver prompt, valid and accurate results. 

Moreover, the company also violated the Consumer Protection Act when it made deceptive promises that it could deliver results within 48 hours. 

The Attorney General’s Office plans to file a motion for preliminary injunction soon to immediately stop the Center for COVID Control’s unlawful conduct. The office will request a preliminary injunction hearing for the soonest available date.

“Center for COVID Control contributed to the spread of COVID-19 when it provided false negative results,” Ferguson said. “These sham testing centers threatened the health and safety of our communities. They must be held accountable.”

Center for COVID Control operated about 300 testing sites nationwide. 

The company had at least 13 testing sites in Washington, located in Lakewood, Tacoma, University Place, Seattle, Bellevue, Auburn, Lynnwood, Everett, Port Orchard and Yakima. The company provided COVID-19 tests to thousands of Washingtonians.

The company did not have a license to operate a business in any municipalities in Washington, except for Yakima, at the time they conducted COVID-19 tests. These testing sites paused all operations on or about Jan. 13, and are still closed.

The company advertised that they could provide COVID-19 test results within 15 minutes for a rapid antigen test, and within 48 hours for a more accurate PCR test.

However, in reality, the company was aware it could not actually process tests at this speed. Former employees reported that the company was receiving between 8,000 to 10,000 tests per day, and data entry staff could not keep up. The company’s owners refused requests to hire more staff to keep up with the demand for testing.

Employees began storing tests in garbage bags and piling them up in various corners of the office with no semblance of organization. Some former employees reported regularly finding tests sitting in trash bags that were over a week old, never refrigerated properly and never tested by the company’s lab.

More here



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AG files lawsuit against Google for secretly tracking consumers' locations

Thursday, January 27, 2022

OLYMPIA — Attorney General Bob Ferguson will file a lawsuit today against technology giant Google for deceptively leading consumers to believe that they have control over how their location data is collected and used by Google. 

In reality, consumers cannot effectively prevent Google from collecting, storing and profiting from their location data.

Google collects data on the location of its users even after consumers turn off “Location History” in their account settings. This deception is profitable for Google. Google’s ability to target ads to users based on information about their locations is critical to the success of its billion-dollar advertising business.

Ferguson’s lawsuit, to be filed in King County Superior Court, asserts Google uses a number of deceptive and unfair practices to obtain users’ “consent” to be tracked. As a result, it is nearly impossible for users to stop Google from collecting their location data. These practices include hard-to-find location settings, misleading descriptions of location settings, repeated nudging to enable location settings and incomplete disclosures of Google’s location data collection.

More information here



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AG Ferguson lawsuit nets $45M in debt relief, payments from Navient

Monday, January 17, 2022

Attorney General Bob Ferguson
Attorney General Bob Ferguson announced that, as a result of his lawsuit, student loan servicer Navient will provide nearly $45 million in debt relief, restitution and costs to resolve Washington’s lawsuit. 

Ferguson asserted Navient, the Sallie Mae offshoot that was then the nation’s largest student loan servicer, engaged in numerous unfair and deceptive practices harming Washington student loan borrowers.

Washington was the first state, along with Illinois, to file a lawsuit against Navient, and the first to obtain a judgment stating Navient broke the law.

The student loan giant will:
  • Extend more than $35 million in debt relief, erasing the remaining debt of more than 1,400 Washingtonians who took out certain private student loans between 2002 and 2014 — an average of about $25,000 per person;
  • Pay $2.3 million in restitution to approximately 8,900 Washington borrowers enrolled in forbearance for an extended period of time between 2009 and 2017; and
  • Pay $7 million to Washington to cover costs from the complex, multiyear investigation and litigation, along with future enforcement of the state’s Consumer Protection Act.Washingtonians do not need to take any action to receive these benefits. Borrowers receiving private loan debt cancellation will receive a notice from Navient, and they will receive refunds of any payments made on those loans after June 30, 2021. Washingtonians who are eligible for a restitution payment will receive a postcard in the mail from the Attorney General’s settlement administrator in the next several months. Federal student loan borrowers who may be eligible for a restitution payment are encouraged to update their contact information in their studentaid.gov account or create an account if they do not already have one.

For more details and the most up-to-date information, please visit www.NavientAGSettlement.com.



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AG Ferguson: Claims process now open in $2.2M Greyhound settlement

Wednesday, December 22, 2021

SPOKANE — Attorney General Bob Ferguson today announced that the claims process is now open as a result of his successful civil rights case against Greyhound Lines Inc. 

Greyhound passengers detained, arrested or deported after U.S. Customs and Border Protection (CBP) agents approached them, or boarded their Greyhound bus, at the Spokane Intermodal Center are eligible for a share of $2.2 million Greyhound paid to resolve Ferguson’s lawsuit. Claims are due by March 31, 2022.

Since at least 2013, Greyhound allowed CBP agents to board its buses to conduct warrantless and suspicionless immigration sweeps. Greyhound failed to warn customers of the sweeps, misrepresented its role in allowing the sweeps to occur and subjected its passengers to discrimination based on race, skin color or national origin.

Washington filed a civil rights lawsuit against the national bus line company in Spokane County Superior Court in 2020. As a result of the case, Greyhound was required to change its policy and must deny CBP agents permission to board its buses without warrants or reasonable suspicion in the State of Washington, among other reforms. 

Greyhound was also required to pay $2.2 million, which Ferguson is using to provide restitution to those impacted by Greyhound’s unlawful conduct. The amount of restitution each individual receives will depend on the number of claims and the severity of harms suffered due to Greyhound’s conduct.

If you or a family member were detained, arrested or deported after immigration agents approached you, or boarded your Greyhound bus, at the Spokane Intermodal Center, please contact the Attorney General’s Office. Online claim forms are available at atg.wa.gov/greyhound in both English and Spanish. Claim forms can be submitted online, by email, via WhatsApp or by mail.

Claims are due by March 31, 2022. The Attorney General’s Office is not part of the federal government and submitting a claim does not require you to disclose your immigration status or pay a fee.

“Greyhound is paying for its failure to uphold its obligation to its customers,” Ferguson said. “People suffered real harm as a result of Greyhound’s conduct. If you were impacted, please contact us so that you can receive a restitution payment for the harm that you experienced.”

More information here in English and here in Spanish



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AG Ferguson: Amazon will pay $2.5 million over illegal sales of regulated pesticides

Saturday, December 18, 2021

 

Amazon ignored laws regarding the sale of agricultural and industrial-use pesticides that risk harm to human health and the environment

SEATTLE — Attorney General Bob Ferguson announced that Seattle-based online retailer Amazon will pay $2.5 million for selling highly regulated pesticides on its online platform without a license and without collecting information about their use as required by law.

Washington law regulates the sale of agricultural and industrial-use pesticides because they pose higher risks to human health and the environment. Businesses that sell these pesticides are required by law to hold specific licenses and maintain records about their sales and use. 

Amazon failed to inform Washingtonians on the product pages, checkout pages or anywhere else that these regulated agricultural and industrial-use pesticides were different from regular home and garden products. 

Amazon’s conduct created the impression that anyone could lawfully buy and use the pesticides without restriction.

In addition to paying $2.5 million, Amazon is required to obtain a license in the future if it restarts sales of these regulated pesticides. The consent decree, filed in King County Superior Court, requires Amazon to enact specific and legally enforceable corporate reforms, including putting safeguards in place on its site to block illegal sales of these pesticides. 

It must not allow third-party sellers on its site to sell these dangerous pesticides to customers in Washington unless it provides a way for those sellers to comply with Washington’s record-keeping requirements.

The Attorney General’s Consumer Protection and Environmental Protection divisions conducted the investigation.

More information here 



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Attorney General’s task force recommends reforms to improve state’s response to sexual assault

Saturday, December 4, 2021

OLYMPIA — The Sexual Assault Forensic Examination (SAFE) Advisory Group convened by Attorney General Bob Ferguson’s office released a report recommending reforms that will improve the state’s response to sexual assault. 

The recommendations include:
  • Addressing the shortage of sexual assault trauma nurses to ensure sufficient and appropriate care for survivors;
  • Increasing victim-centered, trauma-informed training for prosecutors to improve interactions with survivors of sexual assault who are asked to testify; and
  • Establishing consistent statewide process for collecting DNA from offenders who will not serve a term of confinement. Earlier this year the Attorney General’s Office identified hundreds of registered sex offenders from whom a DNA sample was never collected.

Additionally, the report highlights the progress made by Attorney General Ferguson’s Sexual Assault Kit Initiative (SAKI) and legislative appropriations aimed at clearing the state’s rape kit backlog. The report details several examples of cold cases solved as a result of testing the kits that, until the initiative, languished in the evidence rooms in local law enforcement agencies.

The report is available here.

More information here, including stories of rapists who were convicted as a result.



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Washington state’s historic trial against three largest opioid distributors begins Monday in Seattle

Monday, November 15, 2021


SEATTLE — The trial of Washington state’s lawsuit against McKesson Corp., Cardinal Health Inc. and AmerisourceBergen Drug Corp., the three largest distributors of prescription opioids in Washington state, will begin today in King County Superior Court in Seattle.

The trial will be held in person beginning at 9am, but the court also plans to livestream the proceedings on YouTube. The livestream is available at https://www.youtube.com/channel/UCn3BAfPxBL1uvNfxKituHxg.

Attorney General Bob Ferguson will deliver the initial remarks to the court this morning. Washington is poised to be the first state to take these three opioid distributors to judgment.

Attorney General Ferguson filed the lawsuit in March of 2019, accusing the three Fortune 15 companies of failing to alert law enforcement when they received suspicious opioid orders, and shipping those orders with little or no investigation, significantly contributing to the supply of opioids and fueling the state’s opioid epidemic. 

The companies made billions of dollars while feeding the devastating epidemic, shipping huge amounts of oxycodone, hydrocodone and other prescription opioids into Washington even when they knew or should have known those drugs were likely to be diverted.

Each of these distributors brings in more gross revenue than the annual budget of the entire State of Washington.

Opioid distributors are required to monitor the size and frequency of prescription opioid orders to identify suspicious orders that could be diverted into the illegal drug market. Distributors are required to stop these suspicious shipments and report them to the federal Drug Enforcement Agency (DEA).

The opioid crisis devastated Washington communities and shattered families. The epidemic has hit every state — and it hit Washington especially hard. Since 2006, more than 10,800 Washingtonians have died of opioid overdoses.

Ferguson seeks penalties, disgorging of proceeds from illegal conduct

Ferguson accuses McKesson, Cardinal Health and AmerisourceBergen of violating the state Consumer Protection Act for filling hundreds of thousands of suspicious orders in Washington state without adequately identifying, investigating or reporting them. Their actions, Ferguson asserts, helped fuel the opioid epidemic in Washington state.

Ferguson’s lawsuit seeks civil penalties from the companies for each violation of the Consumer Protection Act. He will also ask the court to order the distributors to disgorge the proceeds of their illegal conduct. Sales of opioids are worth billions every year nationwide. Ferguson will present a 15-year plan to abate the opioid crisis in our state, and ask the court to order the distributors to pay for its implementation.

Trial logistics

The trial begins at 9am Monday in King County Superior Court with opening statements. Ferguson’s opening will help set the stage for the case Washington will present at trial.

The trial is expected to last about three months, with each side expected to take about six weeks to present their case. The trial will take place Mondays through Thursdays except during holiday weeks — for example, during the weeks of Thanksgiving, Christmas and New Year’s, the court will not hold trial.

While the courtroom is open to the public, space is limited due to COVID restrictions. The court also plans to livestream the proceedings on YouTube, though recording and rebroadcast of the livestream is prohibited. The livestream is available at https://www.youtube.com/channel/UCn3BAfPxBL1uvNfxKituHxg



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Attorney General Ferguson uses innovative approach to recover $495,000 in stolen unemployment benefits

Wednesday, November 3, 2021

State Attorney General Bob Ferguson
OLYMPIA — Attorney General Bob Ferguson has announced that his office recovered $495,000 stolen from the Washington Employment Security Department, making Washington the first state to use its asset forfeiture power to recover stolen funds.

The money will be returned to the Washington unemployment insurance trust fund.

During the pandemic, sophisticated fraud rings stole billions of dollars from at least 11 states, including Washington. 

While multiple states suffered substantial losses, Attorney General Ferguson is the first state attorney general to exercise state asset forfeiture powers to recover stolen funds. 

Attorney General Ferguson initiated a unique investigation searching for bank accounts where fraudsters had not yet withdrawn all stolen funds, and launched a legal effort to reclaim these funds for the state.

Today, Ferguson announced that King County Superior Court Judge Johanna Bender granted the attorney general’s first motion for forfeiture, ordering TD Bank to transfer back to Washington $495,000 from 120 accounts where the stolen funds had been deposited. 

The bank did not oppose the motion. Ferguson’s office is pursuing similar recoveries involving other large banks.

This action is wholly separate from the multi-agency federal law enforcement task force investigation resulting in multiple arrests of Nigerian citizens allegedly connected to the fraud. Ferguson’s office has been assisting federal efforts, while also searching for additional ways to use its authority.

Read more here



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AG Ferguson: Jury finds GEO, for-profit operator of Tacoma ICE detention center, must pay detainee workers minimum wage

Thursday, October 28, 2021

OLYMPIA — In a victory for Washington, a federal jury determined that GEO Group Inc. (GEO), the for-profit operator of the Northwest ICE Processing Center, violates Washington’s minimum wage laws by paying detainee workers only $1 per day. 

The verdict concludes the first phase of a retrial in Attorney General Bob Ferguson’s lawsuit against GEO.

After a two-and-a-half-week trial, the jury decided the multi-billion dollar company must pay all its workers Washington’s minimum wage of $13.69 or more. 

Now, it is up to U.S. District Court Judge Robert Bryan to determine how much GEO unfairly gained from its wage law violations spanning more than 15 years. The Attorney General’s Office is requesting that this payment reimburse detainee workers and Tacoma community members.

“This multi-billion dollar corporation illegally exploited the people it detains to line its own pockets,” Ferguson said. “Today’s victory sends a clear message: Washington will not tolerate corporations that get rich violating the rights of the people.”

GEO uses immigration detainee labor to perform virtually all non-security functions at Tacoma’s Northwest ICE Processing Center, formerly known as the Northwest Detention Center. 

Since at least 2005, GEO has paid thousands of detainee workers $1 per day or, in some instances, extra food for labor that is necessary to keep the facility operational. Washington’s current minimum wage is $13.69 per hour.

Ferguson filed the lawsuit against GEO in September 2017, alleging that GEO’s practice violates Washington law by paying workers less than the minimum wage, and that GEO unjustly enriched itself by doing so.

Today, the jury determined GEO must pay workers no less than Washington’s minimum wage, whether the workers are detainees at the facility or those coming from the Tacoma area to seek jobs.

Read more here



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AG Ferguson: Court strikes down Trump’s attempt to gut Clean Water ActRuling blocks a Trump-era rule that limits states’ ability to protect water quality

Wednesday, October 27, 2021

OLYMPIA — Attorney General Bob Ferguson announced that the court vacated, effective immediately and nationwide, the Trump Administration’s attempt to dismantle key environmental protections in section 401 of the Clean Water Act.

In July 2020, Washington, New York and California co-led a broad coalition of 17 other states and the District of Columbia in filing a lawsuit against the new section 401 rules, which handcuffed states’ ability to police a wide range of water pollution and related environmental damage.

This ruling, issued last Thursday, is Ferguson’s 43rd win against a Trump administration action. Over half of these wins are in environmental protection related cases.

“While Trump was in office, his administration did everything it could to yield to the interests of polluting industries,” Ferguson said. “Today’s ruling stopped one of his most egregious attempts to strip states’ ability to protect their communities against threats to water quality.”

More information here



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AG Ferguson files new lawsuit to stop far-reaching Postal Service rule changes

Friday, October 8, 2021


Changes mirror those Postal Service wanted ahead of the 2020 election that Ferguson successfully blocked in federal court

OLYMPIA — Attorney General Bob Ferguson partnered Thursday, October 7, 2021 with a coalition of states that will file a complaint with the Postal Regulatory Commission challenging drastic operational changes at the U.S. Postal Service that threaten critical mail delivery. 

These mirror changes Postmaster General and Trump-appointee Louis DeJoy intended to make before the 2020 election that Ferguson successfully blocked in federal court last fall.

The complaint details DeJoy’s failure to follow federal law in making harmful Postal Service changes. Ferguson asserts these major Postal Service changes, which range from eliminating working hours, slowing delivery of first-class mail and removing equipment, threaten the timely delivery of mail to millions of Americans who rely on the Postal Service for delivery of everything from medical prescriptions to ballots.

Ferguson led a coalition of 14 states ahead of the 2020 general election to prevent the Postal Service from making drastic changes that would have slowed election-related mail. A federal judge in Yakima specifically ordered the Postal Service to perform nightly sweeps for ballots in areas where data showed unacceptably low on-time delivery rates up to the weekend before Election Day. These slowdowns were prevalent in Michigan and Wisconsin, which were also swing states in the election.

“Millions of Americans depend on the mail every day to receive their prescriptions, pay bills, receive Social Security checks, send rent payments and more,” Ferguson said. “One political appointee does not get to decide the fate of the Postal Service. There is a process that demands accountability from the American public for a reason — and I will fight to ensure the public gets a say.”

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AG Ferguson: Reed Hein to pay $2.61 million to resolve timeshare exit scheme lawsuit

Wednesday, September 29, 2021

Deceptive ad from Reed Hein and Associates
OLYMPIA — Attorney General Bob Ferguson announced on Tuesday, September 28, 2021 that Kirkland-based timeshare exit company, Reed Hein and Associates LLC, must stop its deceptive timeshare exit practices and pay $2.61 million to Washington.

If the company violates the terms of the consent decree, it will be required to pay an additional $19 million — a total judgment of $22 million. 

Reed Hein also retracted and apologized for statements made in response to the Attorney General’s lawsuit.

The Attorney General’s Office will use Reed Hein’s $2.61 million payment to provide restitution to Washingtonians harmed by Reed Hein’s timeshare exit scheme and for partial reimbursement of his office’s litigation costs. The amount of restitution each individual receives will depend on the number of claims and the severity of harms suffered due to Reed Hein’s conduct.

The consent decree, filed in King County Superior Court, stems from Ferguson’s 2020 lawsuit. One key issue in the lawsuit: Reed Hein deceptively advertised a 100 percent money-back guarantee. In reality, many customers struggled to obtain refunds, and are still denied refunds even after the company failed to deliver for years.

More than 2,800 Washingtonians entered into contracts with Reed Hein, paying thousands in upfront fees, ranging from just under $3,000 up to tens of thousands of dollars per “exit.” Many of these individuals are still waiting for an exit from their timeshare years after signing their contracts.

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AG Ferguson statement on “friend of the court” brief in Texas abortion case

Thursday, September 16, 2021

Attorney General Bob Ferguson offers the following statement on joining a coalition of 24 attorneys general in filing an amicus, or “friend of the court,” brief asking the U.S. District Court for the Western District of Texas to put Texas’ law banning virtually all abortions on hold pending appeals:
“Supreme Court precedent is clear -- access to an abortion is a constitutional right. Texas is denying access to this reproductive health care for virtually everyone in their state. This is both wrong and unlawful. We will stand up for the Constitution.”


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AG Ferguson: Utilities will offer payment plans, financial assistance for customers with past due accounts

Sunday, September 5, 2021

OLYMPIA — Attorney General Bob Ferguson is offering guidance for utility customers who have past due accounts and may be at risk of a utility shut off. The statewide moratorium on utility disconnections ends on September 30, 2021.
 
In June, there were more than 280,000 people who had past due bills with the five investor-owned utilities in the state, according to utility filings. 

That total number was similar to where it was in March 2020. However, in March 2020, people had past due amounts totaling just over $39 million. 

As of June, that number had more than doubled to over $80 million. Nearly $54 million of that total came from bills that were 90 or more days past due.

As of June, the five energy companies had the following number of customers with past due bills:
  • Avista had 36,973
  • Cascade Natural Gas had 16,051
  • Northwest Natural Gas had 12,300
  • Pacific Power had 24,110
  • Puget Sound Energy had 191,925
“As we emerge from the pandemic, we need to remember that many individuals and families are struggling financially,” Ferguson said. 
“Washingtonians need to know there is assistance if they are past due on paying for their utilities. No one should be facing utility cutoffs. My office will continue standing up for Washington ratepayers.”
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