CPPC’s expertise in the field of state licensing agencies has vaulted it to the national stage in the wake of the U.S. Supreme Court’s landmark decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101 (2015), which recognized the inherent conflict of interest that exists when state licensing boards are largely comprised of members of the trade regulated. For the first time, the Supreme Court explicitly held that boards are not immune from federal antitrust scrutiny unless they are controlled by public members—not licensees, or the state has created a mechanism in place to actively supervise these boards to ensure they are acting for the benefit of the public, and not for the benefit of the professions themselves.
In light of the North Carolina decision, CPPC and two other consumer groups have taken the lead in urging states to implement this historic decision. Letters from CPPC to all 50 state attorneys general informed them of the impact of this decision and requested information about individual state implementation. CPPC plans to issue a report with its findings. In California, CPPC has been at the forefront of North Carolina implementation—testifying before the legislature, and proposing a new regulatory framework to protect Californians against anti-competitive conduct by these boards, including increased public member representation on each board.
- CPIL submits letter to CA Attorney General Bonta regarding California Regulatory Boards: Complying with U.S. Supreme Court Decision and Reinstating a Vertical Enforcement Program at the Medical Board of California (August 19, 2021)
- CPIL joins in Brief of Amici Curiae with Responsive Law and Scholars of Access to Justice re "unauthorized practice of law" (October 3, 2019)
- CPIL joins coalition of consumer advocates in letter to Colorado Motor Vehicle Board regarding "Yo-Yo Provisions"
- CPIL, Responsive Law, and CALPIRG submit letter in opposition to AB 2483 (Voepel), unless amended
- CPIL Sends Letter of Inquiry to Each State’s Attorney General, Alerting Them to the Significance of North Carolina State Board of Dental Examiners v. FTC and Soliciting Information on its Implementation—view version of CPIL's Letter of Inquiry and Attachment sent to California Attorney General Kamala Harris (May 4, 2015)
- Article by CPIL's Robert C. Fellmeth on North Carolina Dental Board v. FTC published in The Harvard Law Record (April 3, 2015)
- SB 1195 (Hill) — SUPPORT
- Follow-Up to October 22 Informational Hearing on Revised Structure of State Regulation Compelled by the U.S. Supreme Court’s decision in North Carolina State Board of Dental Examiners v. FTC
- A Ruling Worth the State Bar's Attention
- Robert C. Fellmeth OpEd Published in LA Daily Journal
- Robert C. Fellmeth Quoted in Modern Healthcare on North Carolina Dental Board v. FTC
- Bob Fellmeth Quoted in National Law Journal Article on Effects of NC Dental Board v. FTC
- Bob Fellmeth Quoted in LA Times Article on Crosshairs of SCOTUS Ruling and State Regulatory Boards
- Bob Fellmeth Quoted in Two Articles Regarding Implications for Regulatory Boards After Supreme Court Ruling
- Ed Howard Weighs In on White House Report on Occupational Licensing During KPCC's AirTalk
*In 2021, CPIL changed its name to the Consumer Protection Policy Center (CPPC) at the Centers of Public Interest Law (CPIL).