If you’ve just found a letter from your state’s attorney general (AG) in your mailbox, chances are you’re feeling confused, stressed, and even a little overwhelmed. This is completely understandable. After all, letters from AGs typically arrive out of nowhere––and they could mean the start of a complex legal process.
The first step in handling an AG’s letter, though, is understanding why you received the letter and what you should do immediately after receiving the correspondence. Below, the Gordon Law team explains what an AG’s letter means for your business and how you should respond.
Who Is the Attorney General?
An attorney general is the most senior lawyer at a state or federal level. They’re responsible for protecting the public interest, whether it’s enforcing consumer protection laws or pursuing civil lawsuits.
- At the state level, attorneys general counsel government agencies.
- At the federal level, the US Attorney General heads the Department of Justice and advises federal departments on legal matters.
Put simply, all attorneys general have significant legal powers––and they’re not slow in using those powers to investigate businesses and affiliate marketers.
What Do Attorney Generals Investigate?
As a state’s top legal officer, AGs have the power to investigate a range of legal matters. Specifically, they can:
- Investigate consumer complaints
- Enforce marketing laws
- Conduct civil investigations
- Protect consumers from unfair, false, or misleading advertising
So, if you’re in advertising, or affiliate marketing, then you could receive word from an AG that you’re under investigation for unfair marketing practices.
What Is a Letter from the Attorney General?
Consider a letter from the AG’s office as a notice. Essentially, it’s advising you that you’re the subject of scrutiny, and you’ll be expected to cooperate with the ongoing investigations. So, whether you’re facing accusations for misleading endorsements, or unfair advertising, the formalities all begin with an AG’s letter.
Types of Attorney General Letters
If you’re the focus of an AG’s scrutiny, then the most common letters you could receive are letters asking for information as part of an investigation. These usually come in the form of subpoenas and civil investigative demands (CIDs).
- Subpoena: A document issued as part of a criminal investigation which obliges you to do something, such as hand over documents or appear in court.
- Civil Investigative Demand: Similar to a subpoena, a CID compels you to take certain actions, such as provide records or documents, to help with a civil (rather than criminal) investigation.
You may also be sent a “target letter” explaining that you’re the subject of a federal investigation. This is less common in marketing matters; however, if you do receive such a letter, it’s crucial that you contact our business lawyers urgently so we can advise you how to proceed.
Why Did I Receive a Letter from the Attorney General?
Well, there’s no “one” reason why anyone receives a letter from the AG in their state. However, the most common reasons, from an advertising perspective, relate to alleged breaches of marketing laws.
Essentially, if you’re accused of unfair, deceptive, or misleading marketing tactics, an AG’s letter could land in your mailbox. This is because misleading marketing can be harmful to consumers. Examples of conduct which may result in an attorney general’s letter include:
- Lack of Disclosures: For example, an affiliate who fails to disclose a material connection to a brand, or who fails to disclose a sponsorship, could fall into this category. Failing to include prominent disclosures in content, such as blog posts, could also be considered misleading.
- Omissions: If you don’t have scientific or other tangible evidence to support claims, such as for health or food-based advertising, these omissions could be considered deceptive.
- Misleading Advertisements: Implying that a person will get a guaranteed outcome if they use a certain product is considered misleading. It’s also potentially misleading to review a product you haven’t tried, or to imply that a product is endorsed by someone who has not formally endorsed the product.
- Fake Reviews: Buying fake reviews, or publishing fake reviews, is considered unfair or deceptive. It may also be considered deceptive to use incentives, such as discounts, to encourage people to leave reviews.
Am I Being Sued if I Receive an Attorney General’s Letter?
Not necessarily! Receiving an AG’s letter just means that you’re under investigation. It’s a preliminary step and it doesn’t mean that you’ll ever face a lawsuit.
That being said, receiving an AG’s letter is something to take seriously. So, if you’re wondering, “Why did I receive a letter from the attorney general?” and want to know what happens next, here’s what you might expect.
- The AG commences an investigation into the unfair marketing allegations.
- As part of the investigation, additional information or documentation may be requested. You may also be required to appear formally at a meeting, such as a “meet and confer,” to discuss the investigations and the case against you.
- The AG will liaise with the Federal Trade Commission (FTC) and Bureau of Consumer Protection to conclude the investigation.
- You will be advised on the outcome of the case against you. Your attorney can explain what the outcome means and whether it may be appropriate to appeal a decision.
Penalties for Unfair Marketing Accusations
Should the AG and FTC determine that you violated marketing laws, you could face financial penalties for each violation. You may also face more significant challenges, such as formal civil lawsuits––and reputation damage.
The Gordon Law team is committed to doing everything we can to help mitigate the consequences flowing from an attorney general’s letter. The sooner you contact us to seek help, the quicker we can get to work on your behalf.
What Should I Do if I Receive a Letter from the Attorney General?
First, stay calm. Receiving an AG’s letter is intimidating, but it’s crucial that you act swiftly—and effectively––to protect yourself.
- Make sure you read through the letter carefully, taking note of any key details such as what information you’re expected to provide and your deadline for responding to the letter.
- Check what documentation or records you have. Even if you don’t have all the requested documentation, gather what you do have and keep it safe for now.
- Contact our marketing and business attorneys. Our experienced team will explain how you might respond to the letter and discuss your options for moving forward. For example, it might be possible to limit your disclosures by arguing that the AG’s requests are excessive. Or we may be able to have the request withdrawn entirely, depending on the case.
Your best defense against an AG’s letter is hiring a marketing law attorney at the outset. We will immediately get to work on your behalf and do everything we can to secure the best possible outcome in the circumstances.
What Happens if I Ignore an Attorney General’s Letter?
It’s never wise to ignore such letters. The issue won’t simply go away, and ignoring the letter could result in consequences such as more formal investigations, a lawsuit, or penalties. And since serious consequences, such as lawsuits, can attract media attention, you could suffer reputational—and financial––damage.
If you’re unsure how to respond to a letter from a state AG, don’t worry. If you retain the Gordon Law team, we can guide you through the process and handle any legal communications on your behalf.
Have You Received an Attorney General’s Letter? Contact Gordon Law!
Has a state AG contacted you? Don’t panic. Instead, contact the team at Gordon Law. Our experienced lawyers can explain what the letter means, advise you how to respond, and help you handle any subsequent investigations. And we’ll urgently act to protect your legal interests to ensure that you’re treated fairly throughout the process.
Receiving a letter from state attorneys general is intimidating. But with the Gordon Law marketing attorneys on your side, you can manage the situation with confidence. Give us a call today or complete our online form to learn how we can help.
