Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

Ferguson File Header

Dear Friends,

Even with the beautiful summer weather this July and August — my office has been busy protecting the people and environment of Washington state.

We held two major companies accountable for data breaches, one the largest insurance company in the Pacific Northwest and the other as part of the largest data breach enforcement action in U.S. history.

We filed a lawsuit against the U.S. Navy in efforts to protect the vulnerable wildlife and communities on Whidbey Island.

We challenged the Trump Administration’s abhorrent treatment of immigrant children and their unlawful expansion of the “public charge” rule. We also eliminated another corporate chain’s “no-poach” rule.

I remain tremendously grateful for the hard work of all the attorneys and professional staff in the Office of the Attorney General.

As we continue to defend affordable health care, Washingtonians’ privacy and workers’ rights, you can read about it here with summaries containing links to news releases, claim forms and an inaugural Labor Day report.

In this issue:

Thank you for following the work of the Attorney General’s Office.

Sincerely,

Bob-Signature

Bob Ferguson
Washington State Attorney General


Keeping personal data safe

Keeping Washingtonians’ personal data safe

This July my office held two companies accountable for failing to reasonably secure Washingtonians’ personal data — Equifax, a major credit-reporting agency, and Premera Blue Cross, the largest health insurance company in the Pacific Northwest.

Equifax will pay more than half a billion dollars because of a 2017 data breach affecting nearly 150 million individuals nationwide. Up to $425 million of that will go directly to consumers who were harmed. This is the largest data breach enforcement action in U.S. history.

To check if you were impacted and for information on filing a claim, visit www.equifaxsettlementbreach.com.

The resolution with my office, 49 other attorneys general and the federal agencies involved,  asserts that Equifax failed to put procedures in place to fix security issues — despite being alerted to the vulnerability in its network — leading to the breach.

From May 2017 through July 2017, hackers had access to Equifax’s network, affecting approximately 148 million consumers across the United States. More than 3 million Washingtonians’ personal information was compromised.

Similarly, Premera will pay $10 million over its 2014 data breach that affected the private health care information of over 10.4 million individuals.

Premera had an obligation to safeguard the privacy of millions of Washingtonians — and failed. As a result, millions had their sensitive information exposed. Hackers had access to sensitive personal information, including private health information, social security numbers, bank account information, names, addresses, phone numbers, member identification numbers and email addresses.

More information about the class action is available here.

When companies handle Washingtonians’ personal data, we expect them to keep that information safe. Premera misled Washingtonians and other consumers nationwide about its privacy practices before and after the data breach. Equifax also fell short in its obligations. These resolutions hold Equifax and Premera accountable to the millions of individuals who had their information stolen.

KING-5 News
Washington State Attorney General Bob Ferguson breaks down the latest with the Equifax data breach – New Day Northwest  

KOMO News
Premera Blue Cross pays states $10 million over data breach

The Seattle Times
Premera Blue Cross pays states $10 million over data breach


 

Attorney General Bob Ferguson at press conference

Fighting the mistreatment of immigrant children

This August, I filed a lawsuit seeking to block new Trump Administration rules that remove significant protections against the mistreatment of immigrant children and families apprehended at the U.S. border.

These new rules allow for prolonged, even indefinite detention in facilities without adequate standards of care. They also strip states of their role in regulating the minimum standards for facilities that house immigrant children for the federal government.

Watch the press conference conducted by my office here.

The inhumane conditions in which the federal government is currently holding vulnerable immigrant children — violating standards established by the Flores Agreement more than two decades ago — warrant immediate intervention by the court.

Interviews with immigrant children and teenagers in Washington state facilities, conducted this past month as part of Washington state’s oversight authority, revealed appalling “prison-like conditions” at federal detention facilities. Prolonged detention of children and families under these conditions will have profound, long-term impacts on their mental and physical health.

Some of these children’s heart-wrenching stories are detailed in a declaration Washington expects to file in the coming weeks. I encourage everyone to read this declaration, but I warn you that the children’s stories are emotionally difficult to read.

The declaration reveals disturbing experiences, including insufficient food and basic necessities, intentional sleep deprivation, lights being kept on 24 hours a day and freezing temperatures. One girl recounted that guards at the federal detention facility “would throw the food on the ground at them as if they were animals, and because there was not enough food to go around, fights would break out among the kids over the food.”

These children deserve safe, sanitary conditions. Under the Administration, immigrant children have been held for weeks in inhumane conditions without access to basic necessities like clean water, toothbrushes, showers, soap or a place to sleep.

The Trump Administration’s cruelty undermines our American values. The Administration’s blatant disregard for judicial orders and the basic human rights of immigrant children simply cannot continue. I ask the court to block the implementation of Trump’s new rules and declare them invalid, immediately.

The Seattle Times
Migrant children now in Washington state tell of haunting conditions at the boarder as AGs file suit

Crosscut.
In suing Trump, again, WA attorney general surfaces abuse allegations from detained children

KIRO-7
AG Ferguson: Trump administration’s ‘mistreatment’ of immigrant children violates court settlement

iFiberOne
Washington AG contends court should instruct Trump Administration to stop maltreatment of immigrant children


Healthcare professional

Defending affordable health care — 3 things to know

The health care of more than 800,000 Washingtonians is being threatened by a group of Republican attorneys general who are seeking to eliminate the Affordable Care Act (ACA), without any replacement.

The Trump Administration has refused to defend the ACA, and the tens of millions of people who rely on it. Once again, my office and a multistate coalition of twenty states and the District of Columbia have stepped up. We have filed a motion to appeal the decision of a federal district court judge in Texas who declared the ACA invalid, including its guarantee of coverage for those with preexisting conditions.

Since ACA went into effect, Washington’s uninsured rate dropped by 60 percent. Without the ACA, hundreds of thousands of hardworking Washingtonians will lose access to affordable health care coverage, and many more will face devastating cost increases.

Check out this video outlining 3 things to know about Washington’s involvement in this lawsuit.

We will continue fighting to protect Washingtonians’ access to affordable health care all the way to the United States Supreme Court.

Spokane Public Radio
Washington Joining Suit to Protect ACA


 

Child of a legal immigrant in the U.S.

Protecting families against new “public charge” rule

In August, I co-led a coalition of 13 states in filing a lawsuit against the U.S. Department of Homeland Security over changes to the “public charge” rule. The Trump Administration’s new rule unlawfully expands the definition of “public charge” to the detriment of immigrant families legally in the U.S.

Under long-standing law and policies, a public charge is an individual whose survival depends upon one specific public benefit —  cash assistance —  or who is institutionalized for long-term care at government expense. This does not include temporary assistance, such as food or housing assistance or health care.

The new rule violates the Immigration and Nationality Act by defining “public charge” in a way unconnected to its original meaning and Congress’ intent.

Under the new rule, if an immigrant who is legally in the country uses benefits to which he or she is entitled — such as food assistance to feed their U.S. citizen children or housing assistance —  even for as little as four months, the federal government may revoke their legal status or even deport them. The rule will harm Washingtonians by detering legally present individuals from using important assistance programs.

Even if an individual does not use these benefits, the new rule expands the government’s ability to deny a visa or permanent residency to any immigrant it predicts will use a broad range of short-term benefits at any point in the future, without clear standards for making that determination.

The Trump Administration is forcing families into an impossible choice — to sacrifice their dream of becoming Americans in order to provide health care, food or a roof over their children’s heads, or let their families go without in order to remain in the country. This rule is un-American, anti-immigrant and unlawful. I intend to stop it.

The Seattle Times
Washington among 13 states suing Trump administration on penalizing immigrants using public benefits

KUOW.org
3 ways Trump’s welfare rule is already terrifying immigrants  

Crosscut.
‘Un-American, anti-immigrant and unlawful’: WA sues Trump administration over revised public charge rule


Washington state waterway

Challenging new “Affordable Clean Energy” rule

Once again, my office challenged the Environmental Protection Agency (EPA) — this time on their new “Affordable Clean Energy” rule, which is neither affordable nor clean — nor legal.

In 2015, the EPA adopted the Clean Power Plan to reduce greenhouse gas emissions from existing power plants. The new “Affordable Clean Energy” rule would not require carbon emissions reductions and would result in an increase in air pollution.

The EPA’s own analysis shows that the increased pollution will likely cause thousands more illnesses and deaths per year.

Carbon dioxide is a powerful greenhouse gas. Washington has already seen adverse impacts of climate change, including rising sea levels, increased flooding, increased wildfires and ocean acidification.

The “Affordable Clean Energy” rule incentivizes the continued use of coal-fired power generation and does nothing to address the climate change harms caused by carbon pollution from coal-fired power plants.

Our office, in a coalition of 22 states and seven local governments, sought review from the U.S. Court of Appeals for the District of Columbia Circuit on the EPA’s decision to repeal the Clean Power Plan and replace it with the “Affordable Clean Energy” rule.

This rule is yet another example of the Trump Administration pandering to fossil fuel industry interests at the expense of human health and the environment. Trump’s EPA repeatedly falls short of its duty to protect the environment. My office has 21 legal victories against the Trump Administration, 12 of which are related to the environment and seven from cases that specifically challenge actions by President Trump’s EPA.

Union-Bulletin
Legal challenge to changes in federal power rules welcome

KIRO-7
AG Ferguson challenges repeal and replacement of Clean Power Plan

KGMI-News Talk
AG challenges EPA decision to repeal, replace power plan


 

Eligible individual completing a claim form

Claims process open for Motel 6 privacy violations

The claims process is now open for more than 100,000 guests whose private information was released by national hotel chain Motel 6, without their knowledge or consent, to Immigration and Customs Enforcement (ICE).

Click here to read this release in Spanish.

Motel 6 paid $12 million to avoid facing my legal team in trial. We want to ensure everyone whose privacy was violated by Motel 6’s unlawful conduct receives some restitution, which is why we’re encouraging eligible individuals to file claims.

Those who may be eligible are guests who stayed at one of seven Motel 6 locations in Washington state between Jan. 1, 2015, and Sept. 17, 2017. Claims can be filed online at www.WashingtonMotel6Settlement.com.

The claim form is available in English and Spanish.

Provided they file a claim, all guests whose personal information was unlawfully handed over to ICE will receive their share of the $12 million resolution that resulted from my office’s lawsuit against Motel 6 in April.

Kent Reporter
Claims process now open in $12 million Motel 6 privacy case

The Columbian
Claims process opens in $12M Motel 6 settlement

Herald Net
Guests can file claims after Motel 6 gave their names to ICE


 

2019 Labor Day Report

Announcing new Worker Protection Report

This August, I released an inaugural Labor Day Worker Protection Report detailing the efforts my office has taken to protect workers’ rights in the State of Washington and beyond.

I am proud of the work my legal team has been doing to protect hardworking Washingtonians from wage theft and unsafe working conditions. This annual report includes overviews on civil and criminal cases handled by my office, agency-request legislation and additional advocacy I have done on behalf of Washington workers.

At a glance, my office helped strengthen Washington’s prevailing wage laws, protected Hanford workers from unsafe working conditions and successfully eradicated “no-poach” agreements in 67 national chains in the state and around the country.

Working Washingtonians can always count on my office to fight for them. If you believe your workplace rights have been violated, you can file a complaint online with the Washington State Department of Labor & Industries, or download a complaint form here.

The find out more read the full report here.


Attorney General Bob Ferguson at Growler Jet press conference

Protecting public health and the environment from the Growler jet expansion

In response to the U.S. Navy’s inadequate environmental review process for the expansion of its Growler airfield operations on Whidbey Island, my office filed a lawsuit asserting that the Navy unlawfully failed to measure the impacts the Growler jet expansion would have to public health and wildlife on Whidbey Island. See our press conference held in July.

The Navy arbitrarily dismissed impacts to human health and child learning from increased exposure to noise. They ignored studies that suggest these noise levels could cause negative health impacts.

Additionally, the Growler jet training regimen involves frequent, loud take-offs and landings near important habitats for birds, including bald eagles and threatened seabirds called marbled murrelets. Over time, the noise exposure may impact their ability to feed and breed.

Since we filed our lawsuit, the Navy acknowledged the inadequacy of its Endangered Species Act review by agreeing to reassess the expansion’s impact on endangered wildlife, marking the first victory in this case. We hope the Navy will also reexamine impacts to human health.

My late father, Murray Ferguson, was proud of his Navy service. The Navy has a critical mission, but the people of Washington have the right to know if the federal government is taking action that puts their health or the environment at risk. If our lawsuit is successful, the Navy will follow the law and sufficiently analyze the health and environmental impacts of its jet expansion, and contemplate reasonable steps to minimize those impacts.

Whidbey News-Times
State Attorney General is suing Navy over Growler expansion at NAS Whidbey

The Seattle Times
Washington sues Navy over expansion of Growler jet training on Whidbey Island

KIRO-7
AG Ferguson suing Navy over expansion of Growler jet program on Whidbey Island


Worker Protection Initiative

Resolution of first “no-poach” lawsuit against Jersey Mike’s

National restaurant chain Jersey Mike’s agreed to end “no-poach” practices and pay $150,000 to resolve a lawsuit filed by my office in 2018.  This resolves the first lawsuit by my office against a company for its use of no-poach clauses.

Jersey Mike’s is the 67th company to enter into a legally binding contract to end no-poach practices.

No-poach clauses appear in franchise agreements between owners of franchises and corporate headquarters. The clauses prohibit employees from moving among stores in the same corporate chain, a practice that economists believe stagnates wages.

Unlike 66 other corporate chains, Jersey Mike’s refused to enter into the legally binding commitment to end these practices when we first approached them in 2018. Jersey Mike’s could have saved time and money by doing the right thing, at that time. In exchange, the company would not have had to pay any form of monetary penalty.

Today’s resolution is the same that we offered them in 2018, but now it requires the company to pay $150,000. No-poach practices are wrong and illegal. This resolution will benefit thousands of workers nationwide.

Bothell-Kenmore Reporter
First AG lawsuit against company no-poach clause ends $150K payment

Kent Reporter
Jersey Mike’s to pay $150K to state to resolve no-poach lawsuit


 

Attorney General Bob Ferguson at Duvall Rotary Club

Working across Washington

This July, I met with the Washington State Labor Council to celebrate the 100-year anniversary of the Seattle General Strike. The Seattle General Strike of February 1919 was the first and largest strike of the twentieth century — a five-day demonstration that shaped the history of Washington state labor movements. It was an honor to commemorate this event with the Washington State Labor Council — our state’s largest union organization with more than 600 union locals and councils, representing approximately 550,000 union members.  

In August, I spoke with the National Association of Realtors about the increasing complexities surrounding data breaches and data privacy. As the technological world grows and these topics become more relevant, the legal obligations for companies that collect data remain simple: don’t be unfair or deceptive.

And, as part of my continued goal of visiting every Rotary club in the state, I visited Lynnwood, Duvall, Snoqualmie, Lake Stevens, Bremerton, Gig Harbor, Port Orchard, South Kitsap, East Bremerton and Kingston-North Kitsap Rotary clubs.

I am humbled by the great work that these clubs do and for the opportunity to discuss the work of my office, including some of our recent cases such as our fight against the opioid epidemic. I had a great time meeting these folks and enjoying the robust ferry systems of our great state. Through August, I have visited 165 clubs. If I haven’t visited your club, talk to your event coordinator.

Kitsap Daily News
AG Ferguson visits Kitsap Rotary Clubs

Lynwood Today
Lynnwood Rotarians hear from Attorney General Bob Ferguson


 

 
 

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