Mac Murray & Shuster LLP

Tomorrow Michele A. Shuster joins Verisk Marketing Solutions and PX Inc for a webinar on the FCC's new 1:1 consent regulation. This is a must-watch session for those wanting to learn more about the compliance requirements and how to mitigate your risk! Register below.

As your business grows, so do its legal complexities and risks. Join M&S attorneys Lisa Messner and Erica Hollar as they shine a light on the top 10 legal risks that growing businesses commonly face but often overlook. In this session, you will learn how to spot these potential hazards and proactively tackle them before they become costly problems. Whether you’re an entrepreneur, seasoned business owner, in-house counsel, or compliance officer, this webinar is for any business that wants to manage legal risk during growth. Register here: https://lnkd.in/eh4q8aFE

The recent Northern District of California ruling in Efren Ramos v. The Gap, Inc. highlights how companies must navigate privacy laws when collecting consumer data through emails and websites. The case focused on whether The Gap’s use of tracking software violates the California Invasion of Privacy Act (CIPA). The court determined that CIPA’s Clause One, which addresses wiretapping, applies only to telegraph and telephone lines, not internet communications. Additionally, the court found that the data captured by the software, such as metadata and engagement data, did not qualify as the “contents” of communications under CIPA. This ruling clarifies that CIPA’s application to internet-based tracking is limited, particularly for non-content-based data collection. The court granted The Gap’s Motion to Dismiss, however, the plaintiff has the option to file an amended complaint within 21 days. For more information, read the blog at https://lnkd.in/es-JKcF3

The Federal Trade Commission recently updated the Negative Option Rule. The Rule was revised to enhance consumer protections. Key changes include a mandatory “Click-to-Cancel” feature and expanded coverage for automatic renewals and free trials. Read our full blog post to learn more: https://lnkd.in/eZb78Cf8

Join M&S Attorneys Helen Mac Murray and Erica Hollar on Monday for "Consumer Law: Credit reporting, financial protection, and arbitration agreements." This presentation will provide insight into the most litigated issues, cover related privacy and data security issues including the plethora of new state privacy laws, and discuss strategies to succeed in arbitration if challenges fail. Feel free to use our discount code below to attend for free and earn CLE credit! Register here: https://lnkd.in/gjTx9Ebe

The U.S. Supreme Court’s recent decision to overturn the decades-old precedent known as “Chevron deference” in Loper Bright Enterprises v. Raimondo had minimal impact on the TCPA due to the Hobbs Act. However, the upcoming case McLaughlin Chiropractic Associates v. McKesson Corporation could change that. SCOTUS will determine if district courts must follow FCC interpretations of the TCPA under the Hobbs Act. This ruling could either maintain the status quo or allow district courts more freedom to interpret the TCPA independently, potentially leading to varied compliance standards. Stay tuned for updates on this pivotal case and its implications for TCPA compliance. Oral arguments are yet to be scheduled. https://lnkd.in/ezU2aGvp

Happy National Bosses Day to two of the best!

Privacy & Data Security Insights from the National Association of Minority & Women Owned Law Firms (NAMWOLF) Conference   M&S Partner & Privacy Guru Joshua Stevens recently attended the NAMWOLF conference where he was happy to hear, from both in-house and outside counsel, the consensus on key points we’re always advocating for.   Here are three crucial takeaways that businesses should keep in mind when tackling privacy projects:   1. Multidisciplinary Team: It’s crucial to involve a team with diverse expertise (IT, business, legal) for large projects. Relying on a single person for all aspects is impractical. 2. Privacy by Design: Integrate privacy considerations early in the project to avoid inefficiencies and mitigate risks upfront. Bringing in privacy experts late can lead to challenges and potential project delays or cancellations. 3. Ongoing Monitoring and Adaptation: After launching a project, continuously monitor and reassess privacy and data security measures. Stay updated with evolving privacy laws and adjust frameworks to remain compliant.   These 3 points emphasize the importance of early planning, diverse expertise, and continuous vigilance in managing privacy in large projects. Ready to get started on your privacy compliance journey? We're here to help!

September's Regulatory Roundup is here! We break down the latest updates in Privacy & Data Security, Telemarketing & TCPA, and Marketing & Advertising - AND - what they actually mean for your business. Plus - this edition features some M&S News & Insights and an opportunity to see some of our attorneys present later this month! Check it out!

Governor Newsom of California has signed Assembly Bill 1775, allowing Amsterdam-style cannabis cafes. Consumers can now purchase cannabis-infused food and non-alcoholic beverages on-site in these cannabis consumption lounges. This new license promotes safe, accessible environments for cannabis consumption, setting a trend we might see in other states soon. Like these updates from Walter (Chad) Blackham? Follow us to make sure you stay in the loop!