S.B. 1438 Summary

• Transfers the Office of Consumer Protection from the Department of Commerce and Consumer Affairs to the Department of the Attorney General, with the Attorney General serving as director and authority to appoint an executive director.

• Creates a new consumer protection chapter establishing the office's powers including investigating violations, adopting rules, bringing civil actions, and maintaining a consumer complaint clearinghouse.

• Establishes an 11-member Consumer Advisory Council appointed by the governor with at least one member from each county to advise the office.

• Permits the office to accept assurances of voluntary compliance, pursue restitution including joint and several liability for corporate directors and LLC members, and seek injunctions and civil penalties for unlawful practices.

• Amends existing statutes to transfer enforcement authority from the repealed Chapter 487 to the new office, allowing the executive director concurrent jurisdiction with the attorney general on consumer protection violations.