State AGs Call For Clearer Federal Preemption Guidelines

Law360, Washington (February 24, 2014, 7:29 PM EST) -- Several state attorneys general voiced frustration on Monday with their inability to enforce local consumer protection laws due to confusing precedent on federal preemption, claiming their state legislatures need clear guidelines on the issue.

Although federal statutes aren't supposed to preempt state laws unless they explicitly say so, state attorneys general say that courts have used a heavy-handed approach lately to toss state consumer protection laws due to the mere possibility of federal preemption. Such litigation has “chilled” several state legislatures' attempts to enact consumer protection...
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