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Recent Filings of Interest

Scales of justice, gavel, and law book

National Business Advertising Inc. (NBAI)

On December 17, 2014, the State of Tennessee filed a petition in the Davidson County Circuit Court seeking to compel National Business Advertising Inc. (NBAI) of Florence, Kentucky to comply with the State's Request for Information and investigation, pursuant to Tenn. Code Ann. § 47-18-106, in connection with NBAI's sale of advertising space on UT Martin football schedules...NBAI filings.

Restored Balance

Restored Balance, Inc. and its owners allegedly violated the Tennessee Consumer Protection Act by failing to substantiate health claims related to their product Estriol. As a result of the State's investigation, the parties entered into an Assurance of Voluntary Compliance. Under the terms of the Assurance, Restored Balance and its owners agreed to cease providing hormone replacement therapy from or within Tennessee....Restored Balance filings.

Standard & Poor's and The McGraw-Hill Companies, Inc. (collectively S&P)

In February 2015, Tennessee entered into a settlement with S&P resolving allegations from the State's complaint that S&P misled investors when it rated structured finance securities in the lead-up to the 2008 financial crisis. The State had alleged that, despite S&P's repeated statements emphasizing its credit ratings analysis was independent and objective, the credit rating agency allowed its analysis to be influenced by its desire for increased revenue and market share. These misrepresentations concerned the structured finance securities that S&P rates, including residential mortgage-backed securities (RMBS) and collateralized debt obligations (CDO)...S&P filings.

Tennessee v. TVA

This is an enforcement action by the State against TVA for violations of the TN Water Quality Control Act of 1977 (TWQCA) and the TN Solid Waste Disposal Act (SWDA) in connection with the utility's coal-fired power plant located near Gallatin, TN. The suit alleges unpermitted discharges from the plant's active treatment ponds to surface and groundwater in violation of the TWQCA and TVA's NPDES permit and discharged to groundwater from the facility's closed treatment area in violation of the TWQCA and SWDA. The State is seeking an injunction against TVA as well as an assessment of civil penalties for these violations.

The Southern Environmental Law Center, on behalf of the TN Scenic Rivers Association and the TN Clean Water Network (collectively SELC), issued a 60-day notice letter to TVA under the citizen suits provision of the Clean Water Act regarding these violations. SELC has been invited to intervene in this action by agreement of the State and TVA...TVA filings.

Wholesale, Inc.

Wholesale, Inc. located in Middle Tennessee, allegedly violated the Tennessee Consumer Protection Act by sending mailers to Tennesseans and service members residing near the Fort Campbell Military Post. As a result of the settlement, Wholesale must maintain proof to support all advertising claims and develop policies and procedures for reviewing and approving its advertisements. In addition, Wholesale agreed to pay the State $50,000. Wholesale denied any wrongdoing...Wholesale, Inc. filings.