Consumer Alert: Beware fraudulent callers claiming to be law enforcement officers

LITTLE ROCK – Attorney General Tim Griffin issued the following statement warning Arkansans about a common scam in which callers claim to be a law enforcement officer and demand payment to resolve an alleged criminal matter:

AG Tim Griffin

“I have received reports of an uptick in fraudulent phone calls to Arkansans involving scammers representing themselves as law enforcement officers. These unscrupulous individuals, whether live or in a pre-recorded message, employ common tactics: They claim that the person they have called has committed a criminal offense and pressure them into paying money under threat of being arrested. Or they offer a recently arrested individual the opportunity to enroll in a fake rehabilitation program.

“Any attempt to defraud consumers is disgusting, but preying on the trust Arkansans have in the law enforcement community is especially heinous. I encourage anyone who receives this type of call not to fall for the scam, hang up on the scammer, and report them to my office for investigation.”

Griffin advises consumers to follow these tips to help protect themselves against such fraudulent calls:

• Law enforcement agencies and their employees do not call asking people to send money for fees or fines using a wire transfer, a prepaid debit card or gift card.

• Bitcoin is never a legitimate form of payment.

• Don’t assume the caller is who you think it is, even if the Caller ID indicates it is Arkansas State Police or your local police department. Verify the caller’s validity by independently calling the listed number for the agency they represent and asking for that individual.

• If asked to meet, only go to the designated police station, and only agree to meet INSIDE the station.

• Do not give any personal information—Social Security number, bank information, driver’s license number, etc.—over the phone.

Scammers blast illegal robocalls to consumers using identical or nearly identical messaging and calling patterns. They use caller ID spoofing to mislead and defraud victims, use pre-recorded messages without prior consent of call recipients, and target phone numbers on the National Do Not Call Registry violating federal and state consumer protection laws.

Griffin invites consumers to go beyond merely reporting that a call is unwanted and provide information that can assist in identifying the entity that is perpetrating the fraudulent and ongoing calling activity, including the following: date, time of the call(s), calling number(s), and message or description of the call(s). A form to report this information is available on our website.

For more information or to file a Consumer Complaint, please contact the Office of Attorney General at (501) 682-2007 or oag@arkansasag.gov, or visit the website www.ArkansasAG.gov.

Arkansas attorney general tosses ballot title for initiative to repeal state ‘tampon tax’

KUAR | By Hunter Field / Arkansas Advocate

Arkansas Attorney General Tim Griffin on Monday rejected proposed ballot language for an initiative to exempt feminine hygiene products from state sales tax.

Griffin opined that the initiative’s definition for exempted products was “ambiguous,” potentially causing a conflict for Arkansas’ membership in an interstate compact on sales tax uniformity.

The sponsor of the ballot initiative said Griffin’s denial constituted an abuse of the ballot title and popular name review process.

https://www.ualrpublicradio.org/local-regional-news/2023-09-26/arkansas-attorney-general-tosses-ballot-title-for-initiative-to-repeal-state-tampon-tax

Dana Marlowe

Tampons sit on a shelf a Bed Bath & Beyond in Rockville, Md.

AG rejects first try of anti-LEARNS referendum

by Steve Brawner (BRAWNERSTEVE@MAC.COM)

Attorney General Tim Griffin’s office has rejected a proposed ballot referendum by a group hoping to overturn the LEARNS Act that was passed by legislators and signed by Gov. Sarah Sanders earlier this year.

The group, Citizens for Public Education and Students, or CAPES, says it will resubmit the referendum and that it will work with a sister organization to push a constitutional amendment next year that would replace the LEARNS Act.

The LEARNS Act is Sanders’ signature education legislation that, among many other provisions, creates “education freedom accounts” giving families access to about $7,000 for non-public school options that otherwise would have gone to the public schools where their children would have attended. It also increases the minimum teacher salary from $36,000 to $50,000 and provides every teacher a $2,000 raise.

https://talkbusiness.net/2023/04/ag-rejects-first-try-of-anti-learns-referendum/

Attorney General Tim Griffin

Attorney General Griffin files lawsuit to stop ATF's unlawful ‘Stabilizing Braces’ Rule

LITTLE ROCK – Following his filing of a multistate lawsuit against the U.S. Department of Justice, Attorney General Tim Griffin issued the following statement:

“The Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) new ‘stabilizing braces’ rule is unlawful. For more than a decade, these braces have been sold as firearm attachments not subject to regulation. Stabilizing braces were designed to help people with disabilities use pistols, and they have become increasingly popular with senior citizens. The rule, however, affects most pistol owners, as many lawful gun owners use stabilizers to mitigate firearm recoil and enhance accuracy. Congress didn’t grant President Biden’s ATF the authority to impose such a broad and sweeping mandate on Americans, and we’re asking the Court to immediately block it.”

Rutledge files suit against Saline County home improvement company

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge filed a lawsuit against Paron residents Stephen Rast, and his wife, Taylor Wells, who are doing business as J&R Restoration and Landscaping as well as R&B Design and Landscaping. The lawsuit alleges Rast and Wells required down payments for home improvement projects, remodeling or landscaping, yet they failed to complete the promised work and rarely even began the work. The office received 22 consumer complaints against Rast totaling losses of more than $88,000.

“Rast is an unlicensed contractor scamming hard-working Arkansans out of money that they were planning to invest in their homes,” said Attorney General Rutledge. “Essentially, these cons promised to do work, took large down payments and then disappeared with the money.”

In the consumer complaints with the Attorney General’s Office, consumers state they paid deposits to Rast and Wells ranging from $275 to more than $10,000, often being half of the quoted price to complete the project. To date, Arkansas consumers have lost a cumulative $88,542.38. Upon investigation, Attorney General Rutledge found that oftentimes consumers would attempt to contact Rast and Wells regarding the contracted-for services, yet they would rarely receive a response. In the rare cases that the couple would respond, they would offer excuses to the consumer as to why they are unable to start work or complete work– including car accidents, sickness, and hospital stays. Neither business that the couple alleges to own are registered with the Arkansas Secretary of State. Stephen Rast is not a licensed contractor by the Arkansas Contractor Licensing Board.

Attorney General Rutledge is requesting those who believe they have been harmed by the couple, J&R Restoration and Landscaping or R&B Design and Landscaping to file a consumer complaint with the Arkansas Attorney General’s Office online at ArkansasAG.gov or by emailing consumer@arkansasag.gov.

AG Alert: Fake Charity Scams Can Bring the Chill

LITTLE ROCK - Arkansas Attorney General Leslie Rutledge warns Arkansans of the opportunity for false charity scams to pop up during the holiday season, especially during the popular Giving Tuesday. While the holiday season can bring out the best in Arkansans, there are many bad actors trying to take advantage and scam others out of money. These scams can target those with a heart for veterans, children in need, or even those serving in their local food pantry. 

“As we approach the giving season, remember that there are con artists using fake scams to steal hard-earned money from Arkansans," said Attorney General Rutledge. "Know the signs and how best to protect yourself from these bad actors. If you suspect a scam, call my office and let us do the fighting for you."

Attorney General Rutledge released the following tips to help consumers give to only legitimate charities:

1. Do not fall prey to high-pressure sales tactics as they are often the first sign of an unscrupulous and fraudulent charity.

2. Before getting out a checkbook or credit card in response to a phone solicitation, make attempts to determine the validity of the organization by conducting research.

3. Get the organization's name, address, website, and phone number. Make sure the nonprofit organization is registered with the Arkansas Secretary of State.

4. If in doubt about the organization’s credibility, discontinue the communications until you can verify whether it is a reputable charity.

5. Use GuideStar.org to compare nonprofit organizations and to get more information.

6. Ask the organization how it will use the funds from your donation.

7. Watch out for similar but different organization names as some con artists will use names similar to those of existing, reputable nonprofits in order to trick consumers.

8. Do not give out financial or personal information over the phone or through email to an unknown entity. This information could fall into the wrong hands, or the scammers could use it to steal your money or identity.

9. Never send cash. Make check or credit card payments for increased security and tax purposes.

10. If donating via text message, verify the organization’s number prior to sending information.

For more information about other common scams and consumer-related issues, please call the Arkansas Attorney General’s office at (800) 482-8982 or visit ArkansasAG.gov.

Rutledge joins coalition opposing DOT's Highway Emission Rule

LITTLE ROCK— Attorney General Leslie Rutledge joined a 20-state coalition in filing comments before the Biden administration’s Department of Transportation (DOT) to push back against a rule proposal requiring all fifty states, Puerto Rico and the District of Columbia to reduce on-road CO2 emissions to net-zero by 2050. The coalition of attorneys general argues that Congress has not given the DOT authority to regulate greenhouse gas emissions.

“This proposed rule shows that the Biden Administration once again has demonstrated its lack of regard for the separation of powers,” said Attorney General Leslie Rutledge. “The Biden Administration does not have the authority to require states to implement federal regulatory programs.”

Attorney General Rutledge and the coalition noted their concerns that DOT’s Federal Highway Administration (FHWA) overstepped its legal authority by proposing this measure. The coalition writes, “Given the Supreme Court recently made clear in West Virginia v. EPA that even the EPA cannot use its existing authority to take unprecedented and unauthorized actions to address climate change, such action is clearly beyond the authority Congress has given FHWA.”

The coalition also makes clear that the proposed measure violates the principles of federalism by requiring states to implement a federal regulatory program. The attorneys general note that the Supreme Court has said that “the Constitution protects us from our own best intentions: It divides power among sovereigns and among branches of government precisely so that we may resist the temptation to concentrate power in one location as an expedient solution to the crisis of the day.”

Further, the attorneys general note that FHWA issued a similar rule, which was repealed after the agency determined that the measure may duplicate “existing efforts in some States” and imposed “unnecessary burdens on State DOTs and MPOs [metropolitan planning organizations] that were not contemplated by Congress.”

Attorney General Rutledge was joined by the attorneys general of Alabama, Alaska, Florida, Georgia, Indiana, Kansas, Kentucky,  Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming.

Read the coalition’s comments here.

Rutledge hosts 12th Annual Prescription Drug Abuse Prevention Summit

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge welcomed almost 650 participants to the 12th Annual Drug Abuse Prevention Summit, which was held at the Hot Springs Convention Center. The annual event is a free training and educational opportunity for Arkansas law enforcement, medical professionals, pharmacists, educators, Peer Recovery Specialists and families.

“Drug abuse continues to plague communities across the nation,” said Attorney General Leslie Rutledge. “Over the years, this training has provided much needed support to those who are on the frontlines serving their community. I am hopeful that it will continue to be the foundational training as Arkansas collectively battles the drug epidemic.”

Summit attendees heard from Dr. Bertha Madras, a professor of psychobiology at Harvard Medical School. Dr. Madras served as a panelist at the Vatican Pontifical Academy of Sciences in 2017, and was appointed to be one of six members of the President’s Commission on Combating Drug Addiction and the Opioid Crisis. Fred Muench, a clinical psychologist and the President of The Partnership to End Addiction, also addressed summit attendees. Mark Westfall, a psychiatrist specializing in child, adolescent, and adult psychiatry, spoke about five ways to help treat addiction. Westfall is a national recipient of the APA/Mead Johnson Fellowship Award in community psychiatry. He has previously held positions as Medical Director of the Community Mental Health Center in Charleston as well as President of the Frank Kay Psychiatric Clinic in Birmingham. Westfall is the President and Owner of Westfall Psychiatric Services and a radio talk show co-host for “Oh Brother Radio” and “Doc Talk.”

The summit comes the day after Rutledge announced $1 million in funding for the Arkansas Adult Drug Court Program. This funding continues Rutledge’s legacy and commitment to fighting drug abuse across Arkansas. This February, Rutledge announced a $26 billion opioid settlement agreement with drug distributors and Johnson & Johnson, resulting in Arkansas receiving $216 million to fight the opioid crisis. Additional data and information related to the opioid epidemic in Arkansas may be found here.  

In addition to the Attorney General’s office, the Summit is sponsored by Arkansas Drug Director Boyce Hamlet, Criminal Justice Institute, Arkansas Pharmacy Board, Arkansas Alcohol Drug Coordinating Council, Arkansas Association of Chiefs of Police, Arkansas Department of Health, Arkansas Department of Human Services, Arkansas Medical Board, Arkansas National Guard, Arkansas National Guard Counterdrug Program, Arkansas State Board of Nursing, Arkansas Prevention Network, Arkansas Prescription Drug Monitoring Program, Federal Bureau of Investigation, Gulf Coast HIDTA, National Association of Boards of Pharmacy Foundation, University of Arkansas at Little Rock MidSOUTH Center for Prevention and Training, University of Arkansas for Medical Sciences and the U.S. Drug Enforcement Administration.

Arkansans looking for more information on training, resources and presentations should visit ArkansasAG.gov.  

LITTLE ROCK— Arkansas Attorney General Leslie Rutledge announced a $1 million allocation to provide additional funding for Arkansas’s Adult Drug Court Program. Rutledge’s announcement will provide needed funds to the Arkansas Administrative Office of the Courts in order to support the Adult Drug Court Program across Arkansas.

“Throughout my career as a practicing attorney, former prosecutor, and especially as Attorney General, I have seen the devastation that substance abuse has brought upon our communities,” said Attorney General Leslie Rutledge. “This allocation will equip Arkansas courts to continue treating and serving individuals on their journey to recovery.”

The first drug court began in Arkansas in 1994. Over time, these specialty courts have come to serve 49 counties across the state. The Adult Drug Court Program is a voluntary, 14 to 18 month program that utilizes evidence-based treatment and strict supervision of program participants by a judge, prosecuting attorney, defense attorney, treatment provider and law enforcement liaison in order to aid participants in achieving lasting recovery. This approach has a proven record of decreasing recidivism and promoting increased public safety.  

In order to be eligible for Adult Drug Court, the individual must not have a previous conviction or pending charge of a serious felony offense involving violence, must not have a previous conviction or pending charge requiring registration as a sex offender, must have a moderate or severe substance use disorder and must be identified as high-risk, high-need. The Adult Drug Court team is composed of judges, program coordinators, prosecuting attorneys, defense attorneys, treatment providers, probation officers and law enforcement officers who have the final determination to grant or deny prospective participants access to the program.

Rutledge has been a constant advocate leading the legal efforts to combat the opioid crisis devastating Arkansans. This contribution comes from the more than half billion dollar settlement with opioid consulting firm, McKinsey & Company. A court found the company concealed its work in developing Purdue Pharmaceuticals’ marketing strategy which contributed to the nationwide opioid epidemic. In February of 2022, Rutledge also finalized a $26 billion opioid settlement agreement with drug distributors and Johnson & Johnson, resulting in Arkansas’s receiving $216 million to fight the opioid crisis. In July of this year, the State negotiated a $9.75 million lump sum settlement with Endo Health Solutions Inc. and Pharmaceuticals Inc. Additional data and information related to the opioid epidemic in Arkansas may be found here.  

Rutledge announces record-breaking Medicaid year

LITTLE ROCK— Arkansas Attorney General Leslie Rutledge announced a record-breaking year for the office’s Medicaid Fraud Control Unit (MFCU). In federal fiscal year 2022, the Unit secured 33 convictions and 51 arrests. The MFCU set an additional record when it obtained a sum of more than $42.5 million in civil settlements, restitution and fines in FY 2022.

“I have zero tolerance for abusers and thieves,” said Attorney General Leslie Rutledge. “Individuals who seek to take advantage of a system designed to help society’s most vulnerable should face the full weight of the law.” 

The MFCU investigates and prosecutes Medicaid fraud and the abuse, neglect and exploitation of individuals living in residential care facilities as well as Medicaid recipients. With the 33 convictions secured in FY 2022, the Rutledge Administration has achieved 185 convictions since 2015.

The MFCU’s record sum of more than $42.5 million is comprised of civil false claims settlements of $41 million, court ordered restitution in the amount of $338,662 and collected $622,279 in fines. The MFCU also obtained $159,000 in civil penalties from 8 abuse and neglect settlements. An additional $250,000 in settlements was secured from joint investigations alongside the National Association of Medicaid Fraud Control Units and the U.S. Department of Justice. 

This brings the total collected in settlements, restitution and fines during the Rutledge Administration to nearly $78.5 million. This fiscal year has yielded 1,327% return on investment for the state—or $13.27 of benefit to the state for every dollar spent—setting another record for highest return on investment in a fiscal year.

Attorney General Rutledge credits the record setting year to the hard work of the unit and its collaboration with other law enforcement agencies and increased public awareness efforts through public service announcements and social media campaigns. The announcement comes as the federal fiscal year draws to a close. 

The Arkansas Office of Attorney General, Medicaid Fraud Control Unit receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award totaling $3,270,540 for Federal FY 2022. The remaining 25 percent, totaling $1,090,175 for FY 2022, is funded by Arkansas State General Revenue and Attorney General Consumer Education and Enforcement fund.

Medicaid fraud occurs when Medicaid providers use the program to obtain money to which they are not entitled. To report Medicaid fraud, abuse or neglect in nursing homes or Social Security disability fraud, call the Attorney General’s Medicaid fraud hotline at (866) 810-0016 or submit a complaint online. 

U.S. Supreme Court hears oral arguments in Arkansas V. Delaware

LITTLE ROCK— Arkansas Attorney General Leslie Rutledge released a statement upon the conclusion of oral arguments before the U.S. Supreme Court in the case Arkansas v. Delaware. With this suit, Rutledge seeks to have more than $250 million in unclaimed funds currently being held by the State of Delaware returned to Arkansas and 29 other states. In 2016, Arkansas brought a bipartisan original jurisdiction action against Delaware directly in the United States Supreme Court. The Court then appointed a special master, Judge Pierre N. Leval of the United States Court of Appeals for the Second Circuit, to oversee the case and recommend a resolution. Judge Leval determined that the Supreme Court should resolve the case in favor of the Arkansas coalition, leading Delaware to file objections to Judge Leval’s recommendation. Today’s oral arguments serve to help the Court determine whether to accept or modify the Special Master’s recommendation.

“Delaware colluded with MoneyGram to skirt federal law and improperly withheld millions of dollars from states across the nation,” said Attorney General Leslie Rutledge. “I am hopeful that the Supreme Court will side with Arkansas and our coalition partners so that these funds may be restored to the proper state.”

The dispute between the Rutledge-led coalition and Delaware centers around which state is entitled to funds from unclaimed “official checks” sold by MoneyGram, a money transfer services company that operates in all 50 states as well as internationally.  Under the Federal Disposition Act, proceeds from unclaimed money orders, traveler’s checks and similar items must be turned over to the state where the item was purchased. Delaware, the state where MoneyGram is incorporated, has insisted that the company should turn over hundreds of millions of dollars in unclaimed funds to Delaware despite what federal law requires.

The coalition is led by Arkansas, with a leadership group from California, Texas and Wisconsin. The other states in the coalition are Alabama, Arizona, Colorado, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, Utah, Virginia, Washington, West Virginia and Wyoming. Pennsylvania is allied with the Arkansas coalition and did not argue separately, instead deferring to Arkansas.

Rutledge announces suit against Biden for unlawfully cancelling debt

LITTLE ROCK— Arkansas Attorney General Leslie Rutledge today announced a lawsuit against President Joe Biden, Secretary of Education Miguel Cardona, and the U.S. Department of Education for violating federal law when the Biden Administration attempted to categorically cancel student loan debt in August. The suit alleges that Biden violated federal law, the constitutional principle of separation of powers and the Administrative Procedure Act when he skirted congressional authority to implement this policy.

“President Biden’s unlawful political play puts the self-wrought college-loan debt on the backs of millions of hardworking Americans who are struggling to pay their utility bills and home loans amid Biden’s inflation,” said Attorney General Leslie Rutledge. “President Biden does not have the power to arbitrarily erase the college debt of adults who chose to take out those loans.”

The lawsuit highlights that President Biden knew he did not have the proper authority to authorize this type of executive action, which is why he attempted to work with Congress to find a legitimate and legal solution to the student loan crisis. After Congress routinely failed to pass legislation addressing the issue, Biden attempted to unilaterally act far beyond the authority granted to him by the Constitution. This action will result in approximately half a trillion dollars in losses to the federal treasury and contribute to the already rampant inflation the nation is experiencing.  

The Democrat Speaker of the House, Nancy Pelosi, summarized it best when she said, “people think the President of the United States has the power for debt forgiveness. He does not.” 

The states of Iowa, Kansas, Missouri, Nebraska, and South Carolina are joining Arkansas in the suit.

Rutledge discourages banks and credit card companies from tracking firearm purchases

LITTLE ROCK— Attorney General Leslie Rutledge joined a coalition of 24 states in alerting the chief executive officers of multiple banks and major credit card companies that classifying firearm transactions into a newly created Merchant Category Code is potentially a violation of consumer protection law and antitrust law.

“Attempting to document when law-abiding Americans choose to exercise their Second Amendment right is a flagrant attack on consumer privacy,” said Attorney General Leslie Rutledge. “This action by banks and credit card companies must stop immediately.”  

In the letter to the CEOs of American Express, Mastercard and Visa, the attorneys general argue that monitoring and tracking firearm purchases creates a “list of gun buyers” which would present great risk to law-abiding consumers if the list were obtained and misused by those who oppose the Second Amendment.

The creation of this new Merchant Category Code specifically for gun stores allows credit card companies and large banks to monitor spending habits of consumers who purchase guns by adding their name to a list. Activists pressured the International Organization for Standardization to adopt this policy in order to circumvent and undermine the American legislative process.

Joining Rutledge in signing the letter are attorneys general from: Alabama, Alaska, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.

To read the full letter, click here.

Attorney General Rutledge and Bipartisan Coalition reach $438.5 million agreement with JUUL Labs

LITTLE ROCK—Arkansas Attorney General Leslie Rutledge announced today a $438.5 million agreement in principle between JUUL Labs and 34 states and territories resolving a two-year bipartisan investigation into the e-cigarette manufacturer’s marketing and sales practices. In addition to the financial terms, the settlement would force JUUL to comply with a series of strict injunctive terms severely limiting their marketing and sales practices. Arkansas will receive $13,553,391.88 over five years.

“It is the fault of companies like JUUL who spread misinformation and incentivized youth to buy vaping products that created this epidemic that continue to be a prevalent problem in our schools and neighborhoods,” said Attorney General Rutledge. “After a two year investigation, I am holding JUUL accountable for their actions with the assurance that they will comply with the law in the future because Arkansans deserve to be protective from deceptive business practices.”

JUUL was, until recently, the dominant player in the vaping market. The multistate investigation revealed that JUUL rose to this position by willfully engaging in an advertising campaign that appealed to youth, even though its e-cigarettes are both illegal for them to purchase and are unhealthy for youth to use. The investigation found that JUUL relentlessly marketed to underage users with launch parties, advertisements using young and trendy-looking models, social media posts and free samples. It marketed a technology-focused, sleek design that could be easily concealed and sold its product in flavors known to be attractive to underage users. JUUL also manipulated the chemical composition of its product to make the vapor less harsh on the throats of the young and inexperienced users. To preserve its young customer base, JUUL relied on age verification techniques that it knew were ineffective.

The investigation further revealed that JUUL’s original packaging was misleading in that it did not clearly disclose that it contained nicotine and implied that it contained a lower concentration of nicotine than it actually did.  Consumers were also misled to believe that consuming one JUUL pod was the equivalent of smoking one pack of combustible cigarettes. The company also misrepresented that its product was a smoking cessation device without FDA approval to make such claims.

The states are in the process of finalizing and executing the settlement documents, a process that takes approximately 3-4 weeks. The $438.5 million would be paid out over a period of six to ten years, with the amounts paid increasing the longer the company takes to make the payments. If JUUL chooses to extend the payment period up to ten years, the final settlement would reach $476.6 million. Both the financial and injunctive terms exceed any prior agreement JUUL has reached with states to date.

As part of the settlement, JUUL has agreed to refrain from:

1. Youth marketing

2. Funding education programs

3. Depicting persons under age 35 in any marketing

4. Use of cartoons

5. Paid product placement

6. Sale of brand name merchandise

7. Sale of flavors not approved by FDA

8. Allowing access to websites without age verification on landing page

9. Representations about nicotine not approved by FDA

10. Misleading representations about nicotine content

11. Sponsorships/naming rights

12. Advertising in outlets unless 85 percent audience is adult

13. Advertising on billboards

14. Public transportation advertising

15. Social media advertising (other than testimonials by individuals over the age of 35, with no health claims)

16. Use of paid influencers

17. Direct-to-consumer ads unless age-verified, and

18. Free samples.

The agreement also includes sales and distribution restrictions, including where the product may be displayed/accessed in stores, online sales limits, retail sales limits, age verification on all sales, and a retail compliance check protocol.

The investigation was led by Connecticut, Texas, and Oregon. Attorneys General in Alabama, Arkansas, Connecticut, Delaware, Georgia, Hawaii, Idaho, Indiana, Kansas, Kentucky, Maryland, Maine, Mississippi,  Montana, North Dakota, Nebraska, New Hampshire, New Jersey, Nevada, Ohio, Oklahoma, Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Wisconsin, Wyoming have signed on to the agreement. 

ATTORNEY GENERAL ALERT: DON’T GET TACKLED BY A TICKET CON

LITTLE ROCK – As mild temperatures arrive, so do fall sports. When Arkansans decide to take in a live football game at any of our great institutions, it is important they don’t get tackled into buying fake tickets. Oftentimes scammers will try to take advantage of fans by selling tickets that are fake, duplicates or don’t exist at all. They may use high-pressure-sales tactics to scam Arkansans in to buying tickets using deals that seem unbelievable and many times are.

“Enjoying sports is a cherished fall tradition in Arkansas,” said Attorney General Leslie Rutledge. “Everyone deserves to cheer on a favorite team without worrying about trick plays from scammers trying to steal cash.”

Arkansas Attorney General Leslie Rutledge issued the following tips to help Arkansans protect themselves when looking to buy game tickets during the upcoming football season.

1. Research the seller or broker with the Better Business Bureau and ensure it is a member of the National Association of Ticket Brokers.

2. A legitimate ticket broker will offer a refund policy. Only buy tickets from a reseller that provides clear details about the terms of the transaction.

3. Always use a credit card to make a ticket purchase because credit card laws provide buyers with some recourse if the tickets are fraudulent.

4. Check the seats before purchasing. Ask for section, row and seat numbers to avoid obstructed views and purchasing tickets that do not exist.

5. Stick with well-known ticket sellers who offer guarantees and policies that protect buyers and have the ability to investigate and restrict accounts of merchants who violate the policies.

6. If a deal seems too good to be true, it probably is. Refuse to be rushed. Scam artists often try to hurry prospective buyers into making a decision.

According to AARP, nearly 5 million consumers receive fraudulent concert, sporting event and theme park tickets each year.  We can all do our part by ensuring our neighbors, friends, and families are educated on the deceptive practices of scammers and ways to avoid them.

Consumers who think they may have purchased a counterfeit ticket can contact the National Association of Ticket Brokers at 630-510-4594 or the Arkansas Attorney General’s Public Protection Department.

For more information on other tips to avoid being scammed and other consumer-related issues, visit ArkansasAG.gov or call the Arkansas Attorney General’s Office at 800-482-8982.

Rutledge announces conviction of Southwest Arkansas Mayor

LITTLE ROCK– Arkansas Attorney General Leslie Rutledge announced the conviction of Glenwood Mayor Billy T. Smith who pleaded guilty to a Class A misdemeanor of Theft of Property and Abuse of Office. Smith will pay restitution to the City of Glenwood in the amount of $3,000, a $250 fine and court costs. Billy Smith tendered his letter of immediate resignation as the Mayor of the City of Glenwood. In August 2021, the Attorney General’s Public Integrity Division revealed Smith hired a private company to transport $4,000 worth of asphalt millings from the Arkansas Highway 70 resurfacing project to his home and to the home of his son-in-law to resurface their private driveways.

“Mayor Smith was elected to serve the people of Glenwood and instead he chose to use his position to privately and financially benefit himself,” said Attorney General Rutledge. “I urge any Arkansans concerned with potential fraud committed by public officials to contact our public integrity division immediately.”

In February, Smith was arrested and charged with Felony Theft of Property, a class D Felony, in addition to Abuse of Office, also a class D Felony. He surrendered himself to Special Agents of the Attorney General’s Office at the Pike County Jail, where he was taken into custody. Smith was sworn in as Glenwood’s Mayor in January 2019.

The case was prosecuted by Pike County Deputy Prosecuting Attorney Alwin A. Smith in Circuit Court Judge Bryan Chessir’s courtroom.

Arkansans can report public corruption to the Public Integrity Division by calling 833-45-TRUST (833-458-7878) or email ARTrust@arkansasag.gov.

Rutledge: long-time special agent in charge appointed as safe schools coordinator

Jerry Keefer

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge applauded the appointment of her long-time Special Agent in Charge (SAC), Jerry Keefer, to the position of Safe Schools Coordinator for the Arkansas Department of Education.

“Special Agent in Charge Keefer’s leadership has been instrumental to the success of my administration’s ability to protect children from online exploitation and those who seek to harm them,” said Attorney General Leslie Rutledge. “SAC Keefer is a well-respected and dedicated member of law enforcement whose expertise will benefit the Department of Education, but more importantly, the schoolchildren of Arkansas.”

“It has been a privilege to serve Attorney General Rutledge for the last seven years,” says Special Agent in Charge Jerry Keefer. “I look forward to working together to provide a safer Arkansas for children.”

Keefer began his tenure at the Attorney General’s office in April 2015 as a Special Agent primarily tasked with providing statewide trainings on active shooter and critical incident scenarios for law enforcement and educators. He also developed and implemented the Metal Theft Prevention Program at the beginning of the Rutledge Administration, which inspected metal scrapyards to ensure compliance with state law. Keefer is also a member of the State’s Internet Crimes Against Children Taskforce which specializes in the identification and arrest of online predators. He was promoted to the role of Special Agent in Charge in November 2020 where he supervises a team of special agents who are assigned to the agency’s cybercrimes and Public Integrity Division. In 2022, Keefer served as Attorney General Rutledge’s designee for the Arkansas Safe Schools Commission, where he provided expert feedback on school safety issues.

Rutledge: U.S. Supreme Court orders abortion clinics to pay for state's legal costs

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge issued a statement following the U.S. Supreme Court’s judgment in Rutledge v. Little Rock Family Planning Services vacating a lower court order blocking Arkansas’s ban on abortions performed solely on the basis of a Down syndrome diagnosis and ordering Little Rock Family Planning Services to pay the State of Arkansas for filing costs associated with seeking Supreme Court review. This Supreme Court victory comes on the heels of the dismissal of Planned Parenthood v. Gillespie in federal district court, where Arkansas terminated Planned Parenthood’s participation in the State’s Medicaid program. Since the Court’s decision in Dobbs v. Jackson Women’s Health Organization in June, Attorney General Rutledge has also been successful in ending litigation challenging the dismemberment abortion ban and the total abortion ban (SB6).

“For the last two years, Arkansas has been the most prolife state in the union because of the work of the dedicated staff at the Attorney General’s Office,” said Attorney General Rutledge. “After certifying the Supreme Court’s overruling of Roe and Casey, which ended elective abortion in Arkansas, my office jumped into action to strike all remaining abortion lawsuits. I have always advocated for the lives of unborn children because no baby should ever face the unimaginable and horrifying fate of abortion.”

Rutledge sues custom off road business for failing to deliver

LITTLE ROCK— Arkansas Attorney General Leslie Rutledge announced filing a lawsuit against Dodge Off Road, and its owner Daniel “Danny” Gaston, for violating the Arkansas Deceptive Trade Practices Act (ADTPA) when the company accepted thousands of dollars from consumers to order aftermarket automotive parts yet never provided the parts, the installation, or a refund to the customer. These parts include lift kits, which raise the ride height of a truck, and stabilizer bars which increase the steering response and stability of a vehicle.

“I’m saddened to see so many hard working Arkansans being taken advantage of by deceptive companies like Dodge Off Road,” said Attorney General Leslie Rutledge. “Contact my office immediately if you believe you have been scammed by Dodge Off Road or another company for their illegal and deceptive practices.”

The Attorney General’s Office has received 45 complaints, each alleging that Dodge Off Road owes the consumer between $150 and $5,000 for unshipped or unsuitable automotive parts. 

The lawsuit was filed in Pulaski County Circuit Court. Attorney General Rutledge is seeking restitution for the consumers impacted, in addition to civil penalties up to $10,000 for each violation of the ADTPA.

The complaint can be found here.

Rutledge to host 3rd Annual Elder Abuse Conference on Sept. 1st in Little Rock

LITTLE ROCK— Arkansas Attorney General Leslie Rutledge will host the 3rd annual statewide Elder Abuse Conference at The Church at Rock Creek in Little Rock on September 1, 2022. Attendees will learn about issues faced by loved ones and providers who assist and serve seniors and adults with developmental disabilities. 

“All too often our seniors get taken advantage of through financial and physical abuse and it is important to know the signs before it happens to your loved one,” said Attorney General Rutledge. “The annual Elder Abuse Conference empowers family, friends, employers and law enforcement to recognize the signs of abuse and teaches them how to protect victims when abuse is occurring.”

According to the National Council on Aging, one in 10 Americans 60 years and older have experienced some kind of abuse. It is estimated that as many as five million elderly Americans are abused each year.

The conference will cover a broad range of topics including elder maltreatment, senior financial abuse, prescription drug abuse by caregivers and tools for the prevention of elder abuse. Attorney General Leslie Rutledge will be the keynote speaker.

This course has been approved for 6.25 credits of continuing legal education, in addition to 6.25 credits of continuing education for nursing home administrators. Additionally, 6.75 hours of law enforcement (CLEST) credit has been approved. Medical provider credit is pending.

Click here to view a list of upcoming trainings offered by the Arkansas Attorney General’s Office.

Rutledge announces Warrant Wednesday Campaign to highlight Medicaid fraud in Arkansas

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge announced a new social media campaign called “Wanted Wednesday” in order to highlight the Office of the Attorney General’s most wanted individuals suspected of Medicaid Fraud. On Wednesdays, Rutledge will release a poster on social media featuring the name, description, last known location and a photo of the suspect, in addition to the charges the individual is facing. Anyone with information about the suspect should call the Attorney General’s Office Medicaid Fraud Control Unit at (866) 810-0016.

“In the first four years of my administration alone, the Medicaid Fraud Control Unit secured more convictions than in the 16 years prior,” said Attorney General Leslie Rutledge. “This is due to the hard work and long hours that the men and women of the Attorney General’s Office put into investigating and tracking down those that take advantage of a system designed to help our most vulnerable.”

Since 2015, Attorney General Rutledge’s Medicaid Fraud Control Unit led by Deputy Attorney General Lloyd Warford has secured 174 convictions, 173 civil settlements leading to $66,791,963 in restitution, fines and penalties on behalf of the State of Arkansas.

“Thank you to Attorney General Rutledge for her leadership and commitment to prosecuting these serious crimes. This social media campaign will continue to highlight the important work of the Attorney General’s Office,” said Deputy Attorney General Lloyd Warford.

Medicaid fraud occurs when Medicaid providers use the program to obtain money to which they are not entitled. To report Medicaid fraud, abuse or neglect in nursing homes or Social Security disability fraud, call the Attorney General’s Medicaid fraud hotline at (866) 810-0016 or submit a complaint online.