Powerful Partnership

We guide organizations through the aggressively regulated legal terrain that stands between them and their customers.

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No matter the industry, consumer protection laws are some of the toughest ones out there. Led by former regulators once charged with creating and enforcing these very laws, we help clients–from startups to Fortune 100 enterprises–thrive through proactive compliance and defense against litigation and government enforcement actions.

At the Forefront of the Policy Issues That Impact Your Business

Advising leading industry associations, advocating for clients at the state and federal level, and monitoring legal and regulatory developments daily, we bring a trusted voice to heavily regulated industries.

Advertising & Marketing

Providing a full range of legal services that cover all facets of Advertising & Marketing compliance and litigation.

Advertising & Marketing

Providing a full range of legal services that cover all facets of Advertising & Marketing compliance and litigation.

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Cannabis, CBD & Hemp

Helping businesses understand, comply, adapt, and thrive in an evolving world of cannabis-related regulations.

Cannabis, CBD & Hemp

Helping businesses understand, comply, adapt, and thrive in an evolving world of cannabis-related regulations.

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Compliance Services

Providing comprehensive compliance auditing, due diligence, and assessment services in a number of substantive areas for businesses.

Compliance Services

Providing comprehensive compliance auditing, due diligence, and assessment services in a number of substantive areas for businesses.

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General Counsel Services

Providing a complete range of legal services to augment in-house capabilities or serve as outside general counsel.

General Counsel Services

Providing a complete range of legal services to augment in-house capabilities or serve as outside general counsel.

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Government Relations & Advocacy

Leveraging our former experience as regulators to help advance the legislative interests of clients and their industries.

Government Relations & Advocacy

Leveraging our former experience as regulators to help advance the legislative interests of clients and their industries.

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Litigation & Regulatory Defense

Targeted strategies that deliver wins both inside and out of the courtroom and before regulatory agencies.

Litigation & Regulatory Defense

Targeted strategies that deliver wins both inside and out of the courtroom and before regulatory agencies.

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Privacy & Data Security

Helping businesses navigate a complex web of laws governing the collection, use, and sharing of sensitive consumer information.

Privacy & Data Security

Helping businesses navigate a complex web of laws governing the collection, use, and sharing of sensitive consumer information.

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TCPA & Teleservices

Helping businesses call and text consumers in compliance with highly-litigated TCPA and other state and federal telemarketing laws.

TCPA & Teleservices

Helping businesses call and text consumers in compliance with highly-litigated TCPA and other state and federal telemarketing laws.

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Not All Experience is Created Equal

We’ve worked deep in the trenches on all sides of complex consumer protection and privacy laws. Bringing insight and experience that can only come from having helped shape the regulatory landscape ourselves, we offer proactive risk management through a regulator’s perspective and aggressive defense from seasoned counsel. Get to know our nationally-recognized team.

Michele Shuster

Helen Mac Murray

Nick Whisler

Lisa Messner

Josh Stevens

Chris Wager

Betty Montgomery

Erica Hollar

Walter (Chad) Blackham

Aaron Parry

Sandy Lynskey

What Our Clients Say

“The attorneys at Mac Murray & Shuster are excellent and easy to work with. They have a vast knowledge of the rules and regulations across multiple jurisdictions which allows them to efficiently and effectively service our company’s compliance needs.”

MATT S. WHITE

EVP & Chief Legal Officer, IGS Energy

“Mac Murray & Shuster is by far one of our best legal values in an outside firm. They are knowledgeable, responsive, and creative. We look forward to working with them as we navigate new laws and regulations each year.”

MANDY RINKER HORTON

General Counsel, Careington International

“Rarely can you find a firm that not only has the breadth and depth to support the unique needs of our space but one that operates with a business-first mentality vs risk-adverse. The entire M&S team are consummate professionals and have always made the complex easy!”

DEAN GARFINKEL

Managing Director, Quality Voice & Data, Inc.

FAQs

What are Dark Patterns in Advertising & Marketing?

The term “dark patterns” was coined in 2010 by user-design researcher Harry Brignull to describe a user interface carefully designed to trick or manipulate consumer psychology. Confusing purchase language, hidden fees or terms and conditions, pre-checked purchase or consent boxes, and inaccessible cancellation and opt-out methods are just a few of the dark patterns you have likely come across. Retailers have long used coercive tactics, like psychological pricing, to influence consumer decisions. However, dark patterns are so pervasive now because businesses gather substantial online user-interaction information, which helps designers craft interfaces that play on consumer cognitive biases or emphasize emotional response over rational judgment. While the use of dark patterns may secure additional revenue for businesses, it can also subvert consumer privacy choices and run afoul of state and federal consumer protection laws.

Can I advertise cannabis products nationally?

Because cannabis remains a Schedule I drug under the Controlled Substances Act, advertisements for cannabis products using means of interstate commerce are generally prohibited. This means advertising via cross-state radio and television programs using federal airwaves is technically illegal, as is conducting interstate telemarketing initiatives. Currently, advertising directed toward the general public and transmitted through the internet represents a legal gray area but is also generally prohibited depending on the service provider. Marketers should review their website domain and service provider terms & conditions, end user licensing agreement, and similar policies to determine if cannabis advertisements are permitted.

What laws apply to biometric data collection and privacy?

What are Auto-Renewal Laws (ARLs)?

Simply put, ARLs are laws that govern the ways in which businesses can sell products and/or services that involve a subscription. Provisions involve the form and content of the offers and regulate the disclosures businesses have to make around things like automatic renewals, how to obtain customer consent, what kinds of reminders customers receive and how often, and how subscriptions can be canceled. Some of these laws are very specific, relating only to certain kinds of products or businesses, like your gym, while others are very broad and extend to any business offering an automatically renewing contract. The goal of all these laws is to protect the consumer from unfair and/or deceptive practices.

How can I avoid a TCPA lawsuit?

While the regulatory and legal sands of the Telephone Consumer Protection Act (TCPA) are constantly shifting, one constant remains: the statutory penalties and class-nature of TCPA claims means that there will be a constant flow of class counsel and individual demandants scouring your calling practices in hopes of finding a lucrative claim. Against this landscape, it is not enough to simply ensure that your business is compliant with the TCPA and applicable state laws. These 10 cautions, best practices, and practical tips can further reduce the risk that a TCPA lawsuit or unwanted demand shows up at your doorstep.

What consent is required for telemarketing calls?

Telemarketing or advertising calls made using an ATDS or prerecorded voice (which includes a synthesized voice) to cell phones, or by prerecorded voice to residential lines, require prior express written consent (PEWC). Both the FCC and courts have made it clear that these terms are to be construed broadly and that a sale need not occur during the telephone call for it to be a telemarketing call or a call that introduces an advertisement. Likewise, dual-purpose calls (i.e., calls made for both non-solicitation and solicitation purposes) are considered telemarketing calls under the TCPA. If a call is motivated in part by the desire to achieve a future sale, the call is likely to be deemed a telemarketing call regardless of whether the sale takes place during the initial call, a future call, or a subsequent in-person meeting/transaction.

News & Insights

The Latest

Important news, valuable insights, and information on webinars and other educational events to keep you up-to-date and ahead of the regulatory curve.