If they thought it would work they would pursue it in court. They have not. They are instead getting an unaccountable government agency to enforce their will extrajudicially i.e. the whole point of the article.
Doesn't look like it will be a private action. We will still need to get the State Attorney General to initiate it which will mean nothing will happen.
New York State has been involved in a few of these "activist" type of cases stemming from the AG's office. So far I haven't heard of any of them meeting great success, so will have to wait and see on this one as well.
I dunno; they have deep pockets, and state AGs can be pretty aggressive if you make it worth their while. I could easily see some state AG taking them to court on a variety of theories if they are actually the source.
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