Attorney General
Here's a look at documents from state attorneys general
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R.I. A.G. Neronha, Coalition File Lawsuit Challenging Federal Attack on Gender-Affirming Care
PROVIDENCE, Rhode Island, Dec. 27 -- Rhode Island Attorney General Peter F. Neronha issued the following news release:
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Attorney General Neronha, coalition file lawsuit challenging federal attack on gender-affirming care
Attorney General Peter F. Neronha joined a multistate coalition of 18 other states and the District of Columbia in challenging a recent attempt by U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. to threaten health care providers and unlawfully limit access to gender-affirming care for young people.
A recent declaration release by HHS,
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PROVIDENCE, Rhode Island, Dec. 27 -- Rhode Island Attorney General Peter F. Neronha issued the following news release:
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Attorney General Neronha, coalition file lawsuit challenging federal attack on gender-affirming care
Attorney General Peter F. Neronha joined a multistate coalition of 18 other states and the District of Columbia in challenging a recent attempt by U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. to threaten health care providers and unlawfully limit access to gender-affirming care for young people.
A recent declaration release by HHS,which falsely claims that certain forms of gender-affirming care are "unsafe and ineffective," threatens to punish any doctors, hospitals, and clinics that continue to provide this health care with the threat of exclusion from federal Medicare and Medicaid programs.
As alleged in the complaint, this declaration violates federal statutes by unlawfully changing medical standards, fails to go through notice and comment processes, and ultimately undermines states' long-standing authority to regulate medicine. The coalition asks the court to rule the HHS declaration unlawful and block its enforcement.
On December 18, HHS issued a "declaration" in which the agency claimed that certain forms of gender-affirming care are "unsafe and ineffective." In the "declaration," Secretary Kennedy asserts that HHS may exclude health care providers and institutions from the Medicare and Medicaid programs simply for providing gender-affirming health care for transgender youth. The agency also announced two proposed federal rules that would completely bar hospitals that provide gender-affirming care to individuals under the age of 18 from participating in Medicare and Medicaid, and ban Medicaid payments for gender-affirming health care provided to individuals under the age of 19. These rules have not yet gone into effect, and HHS has given the public until February 17, 2026, to submit comments on the proposals.
The coalition argues that HHS is attempting to use the "declaration" to circumvent basic legal requirements for policy changes. Federal law requires agencies to provide the public with notice and an opportunity to comment before making significant changes to health care policy. Instead, HHS issued what it arbitrarily called a declaration and attempted to make it effective nationwide immediately, without consulting doctors, patients, or states. The coalition contends that this is a clear overreach by the federal government, given that HHS does not have the authority to take such an action. For generations, states, not the federal government, have been responsible for regulating the practice of medicine. The "declaration" also directly conflicts with Rhode Island state law, which requires state-licensed entities to "operate on a nondiscriminatory basis" including on the basis of "gender identity or expression." By attempting to impose a single nationwide standard and threatening to punish providers who adhere to well-established, evidence-based care, HHS is unlawfully interfering in decisions that should be made by doctors and their patients.
The coalition warns that HHS will attempt to use this unlawful action to enact immediate and widespread consequences. For transgender youth and their families, it creates fear and uncertainty about whether ongoing health care could suddenly be taken away. For doctors and hospitals, it threatens severe penalties simply for treating their patients with evidence-based, medically necessary care. For states, it puts Medicaid programs at risk - programs that millions of people depend on for everyday and lifesaving care. States rely on broad networks of providers to deliver essential health services. By threatening to disqualify providers who offer gender-affirming care, the federal government is forcing doctors to choose between abandoning their patients or risking their livelihoods. This pressure would reduce access to care, worsen provider shortages, and harm Medicaid patients far beyond those seeking gender-affirming care.
Joining Attorney General Neronha in this lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Vermont, Washington, Wisconsin, and the District of Columbia, as well as the governor of Pennsylvania.
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Original text here: https://riag.ri.gov/press-releases/attorney-general-neronha-coalition-file-lawsuit-challenging-federal-attack-gender
Attorney General Tong Files Lawsuit Challenging Federal Attack on Gender-Affirming Care
HARTFORD, Connecticut, Dec. 24 -- Connecticut Attorney General William Tong issued the following news release:
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Attorney General Tong Files Lawsuit Challenging Federal Attack on Gender-Affirming Care
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(Hartford, CT) - Attorney General William Tong today joined a multistate coalition of 18 other attorneys general in suing to ensure the Secretary of the U.S. Department of Health and Human Services (HHS) cannot threaten providers with a so-called declaration that baselessly and unlawfully attempts to limit access to gender-affirming care for young people. The declaration falsely claims that
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HARTFORD, Connecticut, Dec. 24 -- Connecticut Attorney General William Tong issued the following news release:
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Attorney General Tong Files Lawsuit Challenging Federal Attack on Gender-Affirming Care
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(Hartford, CT) - Attorney General William Tong today joined a multistate coalition of 18 other attorneys general in suing to ensure the Secretary of the U.S. Department of Health and Human Services (HHS) cannot threaten providers with a so-called declaration that baselessly and unlawfully attempts to limit access to gender-affirming care for young people. The declaration falsely claims thatcertain forms of gender-affirming care are "unsafe and ineffective" and threatens to punish any doctors, hospitals, and clinics that continue to provide it with exclusion from the federal Medicare and Medicaid programs. Attorney General Tong and the coalition argue that this declaration violates federal statutes by unlawfully changing medical standards without going through the notice and comment process and undermining states' long-standing authority to regulate medicine. The coalition is asking the court to intervene and set aside the unlawful and arbitrary declaration.
"Trump and RFK Jr. are forcing a radical political agenda on doctors and families and weaponizing Medicare and Medicaid funding to deny healthcare to kids. These extreme actions threaten to decimate medical providers nationwide unless they end gender-affirming care, supplanting medical expertise and parental choice with MAGA ideology. This is cruel and lawless, and we're suing to block them," said Attorney General Tong.
On December 18, HHS published a document that the agency called a "declaration," claiming that certain forms of gender-affirming care are "unsafe and ineffective." In the declaration, Secretary Kennedy claimed to give HHS the power to exclude health care providers and institutions from federally funded healthcare programs simply for providing health care for transgender adolescents. The agency also announced two proposed rules that would completely bar gender-affirming care providers and associated hospitals from participating in Medicare and Medicaid and ban payments for transgender health care through Medicaid. These rules have not yet gone into effect, and HHS has given the public until February 17, 2026 to submit comments on the proposals.
Attorney General Tong and the coalition argue that HHS is attempting to use the declaration to circumvent basic legal requirements for policy changes. Federal law requires agencies to provide the public with notice and an opportunity to comment before making significant changes to health care policy. Instead, HHS issued what it arbitrarily called a declaration and attempted to make it effective nationwide immediately, without consulting doctors, patients, or states. The attorneys general contend that this is a clear overreach by the federal government, given that HHS does not have the authority to take such an action. For generations, states, not the federal government, have been responsible for regulating the practice of medicine. Indeed, Congress expressly prohibits any federal officer from exercising any supervision or control over the practice of medicine. By attempting to impose a single nationwide standard and threatening to punish providers who adhere to well-established, evidence-based care, HHS is unlawfully interfering in decisions that should be made by doctors and their patients.
The attorneys general warn that HHS will attempt to use this unlawful action to enact immediate and widespread consequences. For transgender youth and their families, it creates fear and uncertainty about whether ongoing care could suddenly be taken away. For doctors and hospitals, it threatens severe penalties simply for treating their patients with evidence-based, medically necessary care. For states, it puts Medicaid programs at risk - programs that millions of people depend on for everyday and lifesaving care. States rely on broad networks of providers to deliver essential health services. By threatening to disqualify providers who offer gender-affirming care, the federal government is forcing doctors to choose between abandoning their patients or risking their livelihoods. This pressure would reduce access to care, worsen provider shortages, and harm Medicaid patients far beyond those seeking gender-affirming care.
Attorney General Tong and the coalition are asking the court to rule the HHS declaration unlawful and block its enforcement.
Joining Attorney General Tong in this lawsuit, which was led by the attorneys general of New York, Oregon, and Washington, are the attorneys general of California, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Rhode Island, Vermont, Wisconsin, and the District of Columbia, as well as the governor of Pennsylvania.
Twitter: @AGWilliamTong
Facebook: CT Attorney General
Media Contact:
Elizabeth Benton
elizabeth.benton@ct.gov
Consumer Inquiries:
860-808-5318
attorney.general@ct.gov
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Original text here: https://portal.ct.gov/ag/press-releases/2025-press-releases/attorney-general-tong-files-lawsuit-challenging-federal-attack-on-gender-affirming-care
Attorney General Rayfield Leads Lawsuit Challenging Federal Attack on Gender-Affirming Care
SALEM, Oregon, Dec. 24 -- Oregon Attorney General Dan Rayfield issued the following news release:
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Attorney General Rayfield Leads Lawsuit Challenging Federal Attack on Gender-Affirming Care
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Lawsuit filed today in the U.S. District Court for the District of Oregon
Attorney General Dan Rayfield today led a coalition of 18 other states and the District of Columbia in suing to ensure the Secretary of the U.S. Department of Health and Human Services (HHS) cannot threaten providers with a so-called declaration that baselessly and unlawfully attempts to limit a family's ability to work with
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SALEM, Oregon, Dec. 24 -- Oregon Attorney General Dan Rayfield issued the following news release:
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Attorney General Rayfield Leads Lawsuit Challenging Federal Attack on Gender-Affirming Care
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Lawsuit filed today in the U.S. District Court for the District of Oregon
Attorney General Dan Rayfield today led a coalition of 18 other states and the District of Columbia in suing to ensure the Secretary of the U.S. Department of Health and Human Services (HHS) cannot threaten providers with a so-called declaration that baselessly and unlawfully attempts to limit a family's ability to work withtheir providers to make the healthcare decisions without interference from the federal government. The declaration falsely claims that certain forms of gender-affirming care are "unsafe and ineffective" and threatens to punish any doctors, hospitals, and clinics that continue to provide it with exclusion from the federal Medicare and Medicaid programs.
"By targeting Oregon providers, HHS is putting care at risk and forcing families to choose between their personal health care choices and their doctor's ability to practice," said Attorney General Rayfield. "Healthcare decisions belong with families and their healthcare providers, not the government."
On December 18, HHS published a document the agency called a "declaration," claiming that certain forms of gender-affirming care are "unsafe and ineffective." In the declaration, Secretary Kennedy claimed to give HHS the power to exclude health care providers and institutions from the Medicare and Medicaid programs simply for providing health care for transgender adolescents. The agency also announced two proposed rules that would completely bar gender-affirming care providers and associated hospitals from participating in Medicare and Medicaid and ban payments for transgender health care through Medicaid. These rules have not yet gone into effect, and HHS has given the public until February 17, 2026 to submit comments on the proposals.
Attorney General Rayfield and the coalition argue that HHS is attempting to use the declaration to circumvent basic legal requirements for policy changes. Federal law requires agencies to provide the public with notice and an opportunity to comment before making significant changes to health care policy. Instead, HHS issued what it arbitrarily called a declaration and attempted to make it effective nationwide immediately, without consulting doctors, patients, or states. The attorneys general contend that this is a clear overreach by the federal government, given that HHS does not have the authority to take such an action.
The attorneys general warn that HHS is taking this unlawful action in an attempt to intimidate providers. For transgender youth and their families, it creates fear and uncertainty about whether ongoing care could suddenly be taken away. For doctors and hospitals, it threatens severe penalties simply for treating their patients with evidence-based, medically necessary care. For states, it puts Medicaid programs at risk - programs that millions of people depend on for everyday and lifesaving care. States rely on broad networks of providers to deliver essential health services. By threatening to disqualify providers who offer gender-affirming care, the federal government is forcing doctors to choose between abandoning their patients or risking their livelihoods. This pressure would reduce access to care, worsen provider shortages, and harm Medicaid patients far beyond those seeking gender-affirming care.
In Oregon, gender-affirming care is protected under HB 2002, passed in 2023, which requires health insurance to cover medically necessary treatments, protects both patients and providers from out-of-state legal challenges, and ensures coverage for procedures including surgeries, hormone therapy, and revisions to prior treatments. This law makes clear that Oregon remains a sanctuary for families seeking gender-affirming care, and the state will defend these rights against any federal actions that threaten access.
Attorney General Rayfield and the coalition are asking the court to rule the HHS declaration unlawful and block its enforcement.
Joining Attorney General Rayfield in this lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Rhode Island, Vermont, Washington, Wisconsin, and the governor of Pennsylvania.
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Original text here: https://www.doj.state.or.us/media-home/news-media-releases/ag-rayfield-leads-lawsuit-challenging-attack-on-gender-affirming-care/
Attorney General Phil Weiser suit challenges federal attack on gender-affirming care
DENVER, Colorado, Dec. 24 -- Colorado Attorney General Phil Weiser issued the following news release:
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Attorney General Phil Weiser suit challenges federal attack on gender-affirming care
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Dec. 24, 2025 (DENVER) Attorney General Phil Weiser today joined a multistate coalition of states in filing a lawsuit to block an unlawful declaration from Health and Human Services Secretary Robert F. Kennedy, Jr. that threatens health care providers and attempts to restrict access to gender-affirming health care for young people.
The lawsuit challenges a so-called "declaration" issued by Secretary
... Show Full Article
DENVER, Colorado, Dec. 24 -- Colorado Attorney General Phil Weiser issued the following news release:
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Attorney General Phil Weiser suit challenges federal attack on gender-affirming care
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Dec. 24, 2025 (DENVER) Attorney General Phil Weiser today joined a multistate coalition of states in filing a lawsuit to block an unlawful declaration from Health and Human Services Secretary Robert F. Kennedy, Jr. that threatens health care providers and attempts to restrict access to gender-affirming health care for young people.
The lawsuit challenges a so-called "declaration" issued by SecretaryKennedy that falsely claims certain forms of gender-affirming care are "unsafe and ineffective" and threatens doctors, hospitals, and clinics that provide this care from participating in the Medicare and Medicaid programs. Attorney General Weiser and the coalition argue that the declaration violates federal law by bypassing required notice-and-comment procedures and unlawfully intruding on states' authority to regulate the practice of medicine.
"Gender-affirming care is legally protected in Colorado and upending it would harm transgender Coloradans who depend on it. Secretary Kennedy's so-called declaration is a blatant abuse of power and threatens to bankrupt hospitals and providers," said Attorney General Weiser. "This action also seeks to replace decades of medical research and rewrite medical guidelines nationwide. The Trump administration is hellbent on turning back the clock, bullying hospitals and providers, and cutting families off from trusted, essential care. That is unlawful and cruel, and we are challenging it in court."
On Dec. 18, HHS issued the declaration and announced proposed rules that would bar gender-affirming care providers and associated hospitals from participating in Medicare and Medicaid and prohibit Medicaid payments for transgender health care. Those proposed rules are not yet in effect, and public comments are being accepted through February 17, 2026.
The attorneys general contend that HHS lacks the authority to impose a nationwide standard for medical care without following federal law. For generations, states have regulated the practice of medicine, and medical decisions should be made by patients and their doctors not federal political appointees. The declaration creates fear and uncertainty for families and places doctors at risk of severe penalties simply for providing medically appropriate care.
In Colorado, gender-affirming health care is legally protected. State-regulated health insurance plans are prohibited from withholding coverage from individuals based on gender identity. Additionally, state health care regulatory boards cannot deny licensure or impose disciplinary action against a provider's license based solely on the provision of gender-affirming care so long as the care meets generally accepted standards of medical practice in Colorado.
Attorney General Weiser and the coalition are asking the court to declare the HHS declaration unlawful and block its enforcement.
The lawsuit is led by the attorneys general of New York, Oregon, and Washington. Joining them are the attorneys general of California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Rhode Island, Vermont, Wisconsin, and the District of Columbia, as well as the governor of Pennsylvania.
Read the complaint State of Oregon v. Kennedy (PDF).
Media Contact:
Lawrence Pacheco
Chief Communications Officer
(720) 508-6553 office
lawrence.pacheco@coag.gov
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Original text here: https://coag.gov/press-releases/weiser-suit-challenges-federal-attack-on-gender-affirming-care/
Attorney General James' Office of Special Investigation Opens Investigation into Civilian Death in Monroe County
ALBANY, New York, Dec. 24 -- New York Attorney General Letitia James issued the following news release:
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Attorney General James' Office of Special Investigation Opens Investigation into Civilian Death in Monroe County
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NEW YORK - The New York Attorney General's Office of Special Investigation (OSI) has opened an investigation into the death of Eric Davis, who died on December 19, 2025 following an encounter with members of the Rochester Police Department (RPD) in Rochester, Monroe County.
At approximately 10:23 p.m. on December 19, two RPD officers responded to a house in Rochester following
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ALBANY, New York, Dec. 24 -- New York Attorney General Letitia James issued the following news release:
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Attorney General James' Office of Special Investigation Opens Investigation into Civilian Death in Monroe County
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NEW YORK - The New York Attorney General's Office of Special Investigation (OSI) has opened an investigation into the death of Eric Davis, who died on December 19, 2025 following an encounter with members of the Rochester Police Department (RPD) in Rochester, Monroe County.
At approximately 10:23 p.m. on December 19, two RPD officers responded to a house in Rochester followinga 911 call reporting a man attempting to break in. Two officers saw Mr. Davis standing at the side of the house and told him to show his hands. Mr. Davis fired at the officers with a handgun, striking them, and at least one of the two officers fired at Mr. Davis.
Mr. Davis fled on foot. A third officer saw him a few blocks away from the house and told him to stop and show his hands. Mr. Davis fired a gun at the officer, striking him, and the officer fired at Mr. Davis. A fourth officer arrived and ordered Mr. Davis to get on the ground and fired at him. Mr. Davis was struck by gunfire and was pronounced dead at the scene. Officers recovered a handgun near Mr. Davis, at the scene.
The three officers and a civilian who sustained injuries during the encounter were hospitalized and are being treated for their injuries. One officer has been discharged. All are expected to recover.
Pursuant to New York State Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI's assessment indicates an officer may have caused the death, OSI proceeds to conduct a full investigation of the incident.
These are preliminary facts and subject to change.
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Original text here: https://ag.ny.gov/press-release/2025/attorney-general-james-office-special-investigation-opens-investigation-38
Attorney General James Reminds Airline Travelers of Their Rights After Federal Administration Rolls Back Consumer Protection Rules
ALBANY, New York, Dec. 24 -- New York Attorney General Letitia James issued the following news release:
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Attorney General James Reminds Airline Travelers of Their Rights After Federal Administration Rolls Back Consumer Protection Rules
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NEW YORK - New York Attorney General Letitia James today issued a consumer alert urging New Yorkers planning to fly during the holiday season to know their rights when faced with cancellations, severe delays, or other issues with airlines. Attorney General James urges all New Yorkers to file complaints online to potentially receive compensation if their
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ALBANY, New York, Dec. 24 -- New York Attorney General Letitia James issued the following news release:
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Attorney General James Reminds Airline Travelers of Their Rights After Federal Administration Rolls Back Consumer Protection Rules
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NEW YORK - New York Attorney General Letitia James today issued a consumer alert urging New Yorkers planning to fly during the holiday season to know their rights when faced with cancellations, severe delays, or other issues with airlines. Attorney General James urges all New Yorkers to file complaints online to potentially receive compensation if theirtravel plans are disrupted.
"As New Yorkers head to the airport for the busiest travel days of the year, my office is going the extra mile to make sure they are treated fairly," said Attorney General James. "I urge all New York travelers to know their rights and file complaints with my office if they experience significant delays, flight cancellations, or are denied boarding after purchasing a ticket."
The U.S. Department of Transportation (DOT) has recently announced rollbacks of policies put in place during the prior administration that would ensure travelers receive compensation for certain delayed or canceled flights. However, travelers are still entitled to compensation in some cases of disrupted travel. Attorney General James urges all New Yorkers with air travel plans to know their rights and take the following steps to protect themselves during holiday travel:
* If a flight is significantly delayed, cancelled, or if a traveler is denied boarding despite purchasing a ticket, they may be entitled to compensation. Travelers can submit complaints online and should have the following documents and materials available to provide with their complaint:
* Booking details, such as their ticket, itinerary, and invoice;
* Flight details, such as dates, flight numbers, and city pairs; and
* Any supporting documentation, such as a copy of the complaint filed with the airline or ticket agent, if available.
* Travelers are eligible to receive a full refund on their ticket within 24 hours of purchasing it, if the ticket is purchased more than seven days before the flight. However, most discount fares are non-refundable.
* Travelers are entitled to a refund if an airline cancels a flight, regardless of the reason, and the consumer chooses not to travel or accept travel credits, vouchers, or other forms of compensation offered by the airline.
* Airlines are required to adhere to the promises that they make in their customer service plan, including commitments to care for travelers in the event of controllable delays or cancellations. Travelers should consult the DOT's airline cancellation and delay dashboard to see what amenities and compensation airlines have committed to provide passengers in the event of a controllable delay or cancellation.
* If a flight is scheduled to depart within seven days, airlines are required to provide status updates within 30 minutes of the airline becoming aware of a change. The flight status information must, at a minimum, be provided on the airline's website and telephone reservation system. The airline must also update all flight status displays and other sources of flight information at U.S. airports that are under the airline's control within 30 minutes of the airline becoming aware of the problem.
* If an airline has overbooked a flight and not enough passengers have volunteered to give up their seats to fly on a different flight, they may select passengers to bump off the flight. Passengers who are bumped may be entitled to compensation and must receive a written statement describing their rights and explaining how the airline decides who gets bumped.
* Travelers are entitled to refunds of their checked bag fees if their baggage:
* Has been declared lost by the airline;
* Is not delivered within 12 hours after the flight has arrived if it is on a domestic flight;
* Is not delivered within 15 hours after the flight has arrived if the flight is international and shorter than 12 hours; or
* Is not delivered within 30 hours after the flight has arrived if the flight is international and longer than 12 hours.
New Yorkers who wish to file a complaint concerning air travel can do so online or by calling the Office of the Attorney General (OAG) at 1-800-771-7755.
Attorney General James has consistently taken action to protect New York travelers from being taken advantage of. In May 2023, Attorney General James supported new DOT rules requiring airlines to compensate passengers for cancellations or significant delays. These came after Attorney General James called on DOT in August 2022 to take specific actions to crack down on airlines and prevent future delays and cancellations. In March 2022, Attorney General James secured $2.6 million from an online travel agency, Fareportal Inc., for misleading consumers with false information about airline tickets and hotel rooms. In September 2021, Attorney General James urged DOT to take action to end airline "slot-squatting," which is when airlines occupy flight slots at airports but under-utilize them, holding on to slots simply to prevent them from being used by their competitors, which inconveniences travelers.
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Original text here: https://ag.ny.gov/press-release/2025/attorney-general-james-reminds-airline-travelers-their-rights-after-federal
Attorney General Bonta Issues Consumer Alert on Price Gouging Following State of Emergency Declaration in Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Shasta Counties
SACRAMENTO, California, Dec. 24 -- California Attorney General Rob Bonta issued the following news release:
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Attorney General Bonta Issues Consumer Alert on Price Gouging Following State of Emergency Declaration in Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Shasta Counties
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OAKLAND -- California Attorney General Rob Bonta today issued a consumer alert following the Governor's declaration of a state of emergency in response to powerful winter storms.
A series of atmospheric rivers has brought high-intensity rainfall and strong winds statewide to already saturated
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SACRAMENTO, California, Dec. 24 -- California Attorney General Rob Bonta issued the following news release:
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Attorney General Bonta Issues Consumer Alert on Price Gouging Following State of Emergency Declaration in Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Shasta Counties
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OAKLAND -- California Attorney General Rob Bonta today issued a consumer alert following the Governor's declaration of a state of emergency in response to powerful winter storms.
A series of atmospheric rivers has brought high-intensity rainfall and strong winds statewide to already saturatedsoils, heightening the risk of rapidly rising creeks and rivers, flooding, landslides, and debris flows especially to recently burned areas.
In today's alert, Attorney General Bonta reminds all Californians that price gouging during a state of emergency is illegal under Penal Code Section 396. Californians who believe they have been the victim of price gouging should report it to their local authorities or to the Attorney General at oag.ca.gov/report.
To view a list of all price gouging restrictions currently in effect as a result of proclamations by the Governor, please visit the Governor's Office of Emergency Services Price Gouging webpage.
"As incoming heavy rain and strong winds increase the risk of flooding and landslides, I urge Californians up and down the state to listen to communication from officials and keep safe especially if you have travel plans this holiday season. California's price gouging law protects people impacted by an emergency from illegal price gouging on housing, gas, food, and other essential supplies," said Attorney General Bonta. "If you see price gouging or if you've been the victim of it I encourage you to immediately file a complaint with my office online at oag.ca.gov/report or contact your local police department or sheriff's office."
California law generally prohibits charging a price that exceeds, by more than 10%, the price a seller charged for an item before a state or local declaration of emergency. For items a seller only began selling after an emergency declaration, the law generally prohibits charging a price that exceeds the seller's cost of the item by more than 50%. This law applies to those who sell food, emergency supplies, medical supplies, building materials, and gasoline. The law also applies to repair or reconstruction services, emergency cleanup services, transportation, freight and storage services, hotel accommodations, and rental housing. Exceptions to this prohibition exist if, for example, the price of labor, goods, or materials has increased for the business.
Violations of the price gouging statute are misdemeanors that are subject to criminal prosecution that can result in imprisonment and/or a fine. They can also result in civil enforcement actions, including civil penalties of up to $2,500 per violation, injunctive relief, and restitution. The Attorney General and local district attorneys and city prosecutors can enforce the statute.
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Original text here: https://oag.ca.gov/news/press-releases/attorney-general-bonta-issues-consumer-alert-price-gouging-following-state-15
