If you find yourself on the receiving end of a state attorney
general subpoena, you may be asking yourself
"what do I do now?" They say the best defense is a good
offense. So, in this case, being prepared with a game plan is
critical.
Step 1: Stop and put things in perspective
If you or your business received a subpoena, it is important to
remember that while still serious, a subpoena is not a lawsuit.
Because subpoenas are generally not publicly filed, you may have a
chance to resolve the issue before a lawsuit is filed that could
negatively impact your reputation and/or business.
Often as a result of complaints received about your business,
the attorney general has issued the subpoena to investigate and
determine whether something you are doing is harming consumers in
the state that needs to be remedied. In simple terms, the attorney
general has fired a "warning shot" when it serves a
subpoena and how you respond will determine what happens next.