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State Attorneys General Update: COVID-19 Crisis

Client Alert | 1 min read | 03.27.20

During times of disaster such as the COVID-19 crisis, State Attorneys General are focused on consumer protection and charity scams. Top issues we have seen to date include:

  1. Price Gouging: Attorneys General are very active ensuring consumers are not being price gouged for products and services in high demand. They are focused on retailers, and companies in the supply chains for both brick and mortar and online retailers. Attorneys General are also working with online platforms for third-party sellers to stop price gouging. 
  2. False Advertising: Many states have sounded the alarm over product claims that either prevent or cure COVID-19 or related health claims. A company’s claim about the value of their products or services regarding the virus or other similar issues should expect scrutiny by the AGs and their staff. Some states have also identified scammers, including falsely offering credit for COVID-19 testing kits to induce consumers to provide their account information and mailing address. 
  3. Refunds and Cancellations: Many Attorneys General are seeking to protect consumers from a diminution, interruption or cancellation of on-going contracts for goods and services that are interrupted because of cancellations or inability to perform. 
  4. Charities: Attorneys General are issuing warnings to consumers of fake charities raising money for phony victims of the COVID-19 disease. Attorneys General will also look at the accuracy of promotional sales to benefit charities when retail advertisers promise a portion of each sale to a specified charity.  

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Client Alert | 5 min read | 12.12.25

Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality

On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025). This case concerns the constitutionality of the False Claims Act (FCA) qui tam provisions and a groundbreaking September 2024 opinion in which the United States District Court for the Middle District of Florida held that the FCA’s qui tam provisions were unconstitutional under Article II. See United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024). That decision, penned by District Judge Kathryn Kimball Mizelle, was the first success story for a legal theory that has been gaining steam ever since Justices Thomas, Barrett, and Kavanaugh indicated they would be willing to consider arguments about the constitutionality of the qui tam provisions in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). In her opinion, Judge Mizelle held (1) qui tam relators are officers of the U.S. who must be appointed under the Appointments Clause; and (2) historical practice treating qui tam and similar relators as less than “officers” for constitutional purposes was not enough to save the qui tam provisions from the fundamental Article II infirmity the court identified. That ruling was appealed and, after full briefing, including by the government and a bevy of amici, the litigants stepped up to the plate this morning for oral argument....