Recently, Kentucky enacted an automatic renewal law (ARL) that will be effective January 1, 2024. Kentucky joins a growing list of states with broad ARLs that…
Read MoreLast week, the Federal Trade Commission updated its Complying With The Telemarketing Sales Rule Telemarketing Calls That Deliver Prerecorded Messages); and “This means that a seller…
Read MoreIn a win for cannabis marketing, Twitter announced earlier this year that it will allow cannabis companies to market their brands and products on its U.S.…
Read MoreIf your telemarketing practices comply with the FCC’s Telephone Consumer Protection Act, your business is safe, right? Don’t be so sure.
Read MoreMarketing and advertising cannabis products in the U.S. these days is no easy task. The dichotomy between federal and state cannabis laws has forced states to…
Read MoreOn March 23, the Federal Trade Commission released a Notice of Proposed Rulemaking that, if passed, would amend the Negative Option Rule to increase disclosure requirements and make it easier for consumers to cancel renewing subscriptions and memberships.
Read MoreOn March 28, 2023, Iowa Governor Kim Reynolds signed
Read MoreFCC Moves One Step Closer to Restricting Multi-Seller Consent Today, the FCC unanimously approved new rules as well as further rulemaking related to robotext issues. Generally,…
Read MoreWhile 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.
Read MoreAt its open meeting scheduled for March 16, 2023, the FCC is set to wade into several areas with profound consequences for American businesses and consumers…
Read MoreToday, the FCC released a Report and Order and Notice of Proposed Rulemaking related to several “robotext” issues. The FCC will consider these and other items at its next meeting on March 16, 2023.
Read MoreCannabis giant MedMen was recently hit with a consumer lawsuit alleging the company sent unsolicited text messages without the recipient’s consent in violation of Florida law.…
Read MoreLawmakers introduced Senate Bill 9 to revise Ohio’s Medical Marijuana Law through MMCP; learn more about these proposed revisions.
Read MoreRead the latest article regarding the Federal Trade Commission’s new proposal to ban employment non-competes in the workplace.
Read MoreLearn more about The Ninth Circuit Court of Appeals opinion on Brickman v. Meta Platforms, Inc., following its previous ruling in the Borden case.
Read MoreLearn more about the Ninth Circuit’s do not call decision and the ramifications it has on B2B telemarketers.
Read MoreUnderstand the regulatory requirements of the Telephone Consumer Protection Act (TCPA), Do Not Call Registry, and penalties for noncompliance.
Read MoreManipulative dark patterns are increasing with the rise of online commerce. Learn more about how federal lawmakers are cracking down.
Read MoreDNC Disclosure – NY Governor Kathy Hochul has signed a new bill into law that is sure to have outbound callers revising their New York scripts.
Read MoreHear from M&S Partner and Litigation Director Lisa Messner how some industries – including real estate and auto dealerships – are seeing an uptick in TCPA and telemarketing lawsuits.
Read MoreOn 11/21/22, the FCC in a unanimous Declaratory Ruling and Order that without permission Ringless Voicemails Violate TCPA. – read more
Read MoreIndividuals who satisfy specific conditions are now able to legally possess and use cannabis for medical purposes in Kentucky per an Executive Order signed by Kentucky Governor Andy Beshear on November 15, 2022.
Read MoreWe are proud to share that Mac Murray & Shuster has again been named to the U.S. News – Best Lawyers® “Best Law Firms” 2023 list as a Tier 1 Metro Firm in the area of Government Relations Practice.
Read MoreMichele Shuster, our managing partner shares details about dark patterns in marketing and provides practical suggestions for staying out of trouble.
Read MoreGreg May has joined Mac Murray & Shuster as an Of Counsel Attorney. Greg will be working with the firm’s Cannabis, CBD, and Hemp clients.
Read MoreMichele Shuster, our managing partner who also serves as PACE General Counsel, shares some of her key takeaways from PACE ACX 2022.
Read MoreJosh Stevens explains the timeline of privacy regulation and what you can expect in the future.
Read MorePresident Biden’s pardon of federal convictions for possession of cannabis and the potential to reschedule the drug could pave the path for federal legalization.
Read MoreThe FCC released “The Notice of Proposed Rulemaking” on September 27th and is seeking comments on mitigating malicious robotext campaigns.
Read MoreBiometric Privacy Laws and Business - What Businesses Need to Know about Federal and State Laws Businesses are increasingly using biometrics to identify and provide services…
Read MoreCould this be setting the stage for national legalization? In Northeast Patients Group, et al. v. United Cannabis Patients and Caregivers of Maine, a split panel…
Read MoreSeveral weeks ago, Michele Shuster provided an update from her perspective of the Robo Call Summit. Initially, two days were spent meeting with regulators…
Read MoreCharitable Solicitation Registration is a critical step for moving forward, whether you are soliciting by phone, text, email, or snail mail.
Read MoreTwo days were spent meeting with regulators representing State AG offices, the FTC, FCC, and a number of consumer groups…
Read MoreA new bill in the House of Representatives would amend the Telephone Consumer Protection Act (TCPA) to expand its definition of an automated telephone dialing system…
Read MoreA recent case filed by a state attorney general, in cooperation with the Federal Communications Commission (FCC), puts illegal robocallers that don’t play by the rules…
Read MoreFTC Proposes $150m Penalty for Twitter along with the Department of Justice in a stipulated final order, alleging Twitter deceptively used account security data for targeted…
Read MoreOn Wednesday, May 25, 2022, Rhode Island became the nineteenth state to legalize adult-use cannabis. Democrat Governor Daniel J. McKee signed into law S.B. 2430 and…
Read MoreUpdate: Oklahoma Governor has signed this bill and it will take effect on 11/1/2022. After its April 26th unanimous passage by the Oklahoma Senate, the Oklahoma…
Read MoreAs predicted, 2022 has been a busy year for the U.S. privacy world. Utah’s Consumer Privacy Act, the fourth state privacy law, was signed into law…
Read MoreOn April 11, 2022, New Jersey’s Cannabis Regulatory Commission (CRC) voted to approve the state’s first adult-use cannabis sales to the general public. In doing so,…
Read MoreOver the past week, there have been two notable developments in the world of voice service providers (VSPs) and their customers. First, the Federal Communications Commission…
Read MoreThe Utah and Washington legislatures recently passed bills to update their telemarketing laws. The bills will become law unless vetoed by the states’ respective governors. Utah
Read MoreThe Reassigned Numbers Database (RND) will be revised, as shown in the below chart: The RND contains a list of telephone numbers reassigned from a previous consumer.…
Read MoreOn March 11, the FTC filed an administrative complaint against HomeAdvisor, Inc., alleging they sold false, misleading, or unsubstantiated leads to service providers since at least…
Read MoreIs there such a thing as a TCPA-compliant lead? Lead generators can be valuable partners for businesses trying to identify and reach prospective customers through marketing…
Read MoreIn December the Ohio Senate passed Senate Bill 261, potentially broadening Ohio’s Medical Marijuana Control Program for the first time since implementation in 2018. SB 261…
Read MoreThe Federal Communications Commission (FCC) is seeking comments on call blocking notification requirements for voice service providers (VSPs). More specifically, the FCC is asking for input…
Read MoreIn late 2021, the Federal Trade Commission amended the Gramm-Leach-Bliley Act’s Safeguards Rule enhancing information security program (ISP) requirements that non-bank financial institutions must implement to…
Read MoreWe expected 2022 to be a busy year on the U.S. privacy front, and the first couple of months did not disappoint! The current headliner is…
Read MoreAre you preparing for 2023’s new data privacy requirements? New privacy legislation in California, Colorado, Connecticut, Utah, and Virginia is coming and it’s going to impact…
Read MoreOn January 28th, National Data Privacy Day, California Attorney General Rob Bonta announced that his office had notified several businesses operating loyalty programs in California about…
Read MoreThe last few years have been a time for reflection, improvement, and growth. The advancement of personal rights through legislation for minorities and other historically…
Read MoreLast week, Fashion Nova, a California fast-fashion retailer, signed a settlement with the Federal Trade Commission that requires it to pay $4.2 million. The FTC’s Complaint…
Read MoreThe Federal Communications Commission (FCC) is seeking comments on call blocking notification requirements for voice service providers (VSPs). More specifically, the FCC is asking for input…
Read MoreWe are excited to announce the promotion of Chris Wager to Partner as of January 1, 2022. Joining Mac Murray & Shuster in 2019, Chris’s practice…
Read MoreWe are proud to share that Mac Murray & Shuster has been named to the U.S. News & World Report 2022 “Best Law Firms” list as…
Read MoreOn Monday, the FCC’s long-awaited Reassigned Numbers Database (RND) went live for use by callers. Available at
Read MoreThe Federal Communications Commission appears to be headed in the same direction with the regulation of texting and SMS platforms that it has with telephone service…
Read MoreIf you didn’t receive a warning letter from the Federal Trade Commission this month, you are one of the lucky ones. The FTC has sent warning…
Read MoreThe Federal Trade Commission has warned hundreds of consumer product companies and for-profit schools that they may be engaging in unfair or deceptive behaviors that could…
Read MoreA Q&A with Michele Shuster, Managing Partner at Mac Murray & Shuster LLP The Telephone Consumer Protection Act (TCPA), first signed into law in 1991, is…
Read MoreResolution of class-based claims based on liability under the Telephone Consumer Protection Act (TCPA) often presents a complicated variety of factors, including publicity, court approval requirements,…
Read MoreIt’s finally Fall, the leaves are turning, and political campaigns are in full swing. As candidates and political parties initiate calls and texts to solicit money,…
Read MoreRecent bills and ballot initiatives suggest that adult-use cannabis may be coming to Ohio in the near future. However, with the State currently considering two separate…
Read MoreOnce upon a time, subscriptions were something customers signed up for that resulted in a magazine or newspaper arriving for a set amount of time. Today?…
Read MoreOn January 16, 2019, Ohio’s Medical Marijuana Control Program formally launched with the official opening of the first dispensaries in Wintersville, Canton, and Sandusky. Years in…
Read MoreCongratulations to Helen Mac Murray, Michele Shuster, Betty Montgomery, and Josh Stevens on their continued inclusion in the most recent edition of The Best Lawyers in…
Read MoreA regulatory compliance audit is an assessment of a business’s policies, procedures, and practices against an established set of legal requirements or industry best practices. You…
Read MoreOhio lawmakers are set to consider a bill that would legalize adult, or recreational, cannabis use in the Buckeye state. State Representative Casey Weinstein (D) and…
Read MoreConsumer protection laws are an important tool in the arsenals of state attorneys general (AGs), and their offices are quick to take targeted enforcement action against any business found to be engaged in unfair or deceptive marketing or advertising practices.
Read MoreThe deadline for Voice Service Providers ("VSPs") to file a Certification with the FCC’s
Read MoreIn a decision issued earlier today, the Northern District of California provided clarification on the TCPA’s definition of “Automatic Telephone Dialing System” (ATDS) based in part…
Read MoreIn the wake of the Supreme Court’s narrow TCPA interpretation in
Read More“The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative…
Read MoreAs many are aware, the 2018 Farm Bill legalized hemp (cannabis with 0.3% THC or less) and hemp-derived products at the federal level by removing such…
Read MoreIf you are reading this blog, you’re probably already familiar with the U.S. Supreme Court’s April 1, 2021 opinion in
Read MoreA Monthly, Quarterly, and Annual Checklist for Your Organization Maintaining compliance with important privacy and other consumer protection regulations is not something you can afford to…
Read MoreOn April 19, 2021, the Ohio Board of Pharmacy voted unanimously to issue 73 new dispensary licenses, increasing the state’s current total from 57 to 130.…
Read MoreOn April 21, 2021, in a decision that threatens collector relationships with vendors, the Eleventh Circuit held that a debt collector’s transmittal of a consumer’s personal…
Read MoreThe Supreme Court issued a ruling that will limit the Federal Trade Commission’s ability to collect restitution when companies are found to have violated the FTC…
Read MoreAll Voice Service Providers (VSPs) will be required to submit filings through the FCC’s
Read MoreEarlier this month, the California Supreme Court handed down a decision in Smith v. LoanMe interpreting California’s call recording statute, Cal. Penal Code 632.7. The decision…
Read More“Oh, you should never, never doubt what nobody is sure about.” By now you have probably read dozens of articles from the usual pundits about the…
Read MoreOn March 30, 2021, Governor Andrew Cuomo signed Senate Bill 854-A, the “Marihuana Regulation and Taxation Act,” making New York the 15th state to legalize recreational…
Read MoreEarlier today the United States Supreme Court issued the much-anticipated
Read MoreDuring the Ohio Medical Marijuana Advisory Committee’s meeting last week, the Board of Pharmacy signified that it will reopen a second dispensary application process in the…
Read MoreLaw360 recently selected M&S Partner Michele Shuster to serve on its 2021 Telecommunications Editorial Advisory Board. Comprised of partners at prominent U.S. law firms, the Advisory…
Read MoreOn March 15, 2021, the California Attorney General’s Office ("CAG”) announced approval by the Office of Administrative Law of the fourth set of modifications to the…
Read MoreOn March 11, 2021, the Consumer Financial Protection Bureau rescinded its “Statement of Policy Regarding Prohibition on Abusive Acts or Practices” announced in January 2020. The…
Read MoreAs expected, Virginia became the second U.S. state to enact a sweeping data privacy law. The Virginia Consumer Data Protection Act (VCDPA) borrows heavily from California’s…
Read MoreToday, the Federal Communications Commission published its Final Rule (“Rule”) based on its December 22, 2020 Report and Order (“Order”) in the
Read MoreWhile cannabis legalization is now a bipartisan issue and enjoys a majority of support in both parties, the issue has historically been framed as a Democrat…
Read MoreThe Federal Communications Commission's
Read MoreIndustry insiders are likely aware that the 2018 Farm Bill amended federal statute to effectively authorize the hemp industry at the federal level by removing cannabis…
Read MoreIt is with great pride and excitement that we announce the promotion of Josh Stevens to Partner at Mac Murray & Shuster, as of January 1,…
Read MoreIn the midst of national political drama in the past several weeks, you may not have noticed proposed federal legislation introduced last month by Kentucky Senator…
Read MoreOn December 30, 2020, the FCC released its
Read MoreIn November, New York State enacted an extensive auto renewal law (ARL). Taking effect on February 9, 2021, New York’s ARL covers contracts that include an…
Read MoreEarlier today, The U.S. House of Representatives passed a bill decriminalizing cannabis at the national level and implementing a sales tax on cannabis products sold throughout…
Read MoreThe rise of medical cannabis use across the country leaves many employers in a state of confusion. As it stands, 36 states have legalized medical cannabis…
Read MoreWe are proud to share that Mac Murray & Shuster has been named to the U.S. News & World Report 2021 “Best Law Firms” list as…
Read MoreThe State Medical Board of Ohio recently announced that it will once again be accepting petitions for designation of new qualifying conditions that allow citizens to…
Read MoreFollowing its multi-year rulemaking process, the Consumer Financial Protection Bureau (CFPB) today released its long-awaited rules regarding debt collection acts and practices under the Fair Debt…
Read MoreIn August, just before the California Office of Administrative Law (OAL) approved CCPA regulations, the Office of the Attorney General (OAG)
Read MoreOn October 8, 2020, Mississippi Governor Tate Reeves signed into law a new bill allowing people to obtain cannabis-derived medications approved by the Food and Drug…
Read MoreOn September 25, California Governor Gavin Newsom
Read MoreParticipants in the lead generation industry know that compliance with the myriad legal frameworks that apply to their operations is not only necessary but also increasingly…
Read MoreBy: Nick Whisler and Josh Stevens The past several weeks have brought a flurry of U.S. and international privacy developments. To help you stay on top of…
Read MoreOn September 16th, President Trump nominated Nathan Simington to fill a vacancy on the Federal Communications Commission after withdrawing Michael O’Rielly’s nomination to serve another term…
Read MoreA consumer protection law aimed at preventing robocalls is now being used to target cannabis companies. And the trend looks like it is only going to…
Read MoreThe Federal Communications Commission (FCC) released its
Read MorePolitical campaigns are in full swing. Soon candidates and political parties will be calling and texting to solicit money, votes, opinions, or all three. Political campaigns…
Read MoreThe California legislature has extended partial exemptions under the California Consumer Privacy Act (CCPA) for the collection and processing of personal information related to business contacts…
Read MoreThe Drug Enforcement Administration has released
Read MoreCongratulations to Helen Mac Murray, Michele Shuster, and Betty Montgomery on their continued inclusion in the most recent edition of The Best Lawyers in America. We…
Read MoreIn June, the California attorney general submitted “final” CCPA regulations to the Office of Administrative Law (OAL) for approval. Last Friday, the state
Read MoreOn July 27, 2020, the FCC’s Enforcement Bureau designated USTelecom’s Industry Traceback Group (ITG) as the official consortium to coordinate efforts to trace back the source…
Read MoreOn July 22, 2020, the U.S. Food and Drug Administration sent to the White House Office of Management and Budget (OMB) for review its draft “Cannabidiol…
Read MoreLast week, two companies licensed to grow cannabis in Massachusetts settled with the Massachusetts Cannabis Control Commission after state inspectors issued each company violations for its…
Read MoreThe U.S. Supreme Court has agreed to hear arguments in Duguid v. Facebook, a case that will hopefully settle at last how an automatic telephone dialing…
Read MoreIn 2015, Congress exempted calls made to collect debts owed to or guaranteed by the United States from the TCPA’s autodialer restrictions. Today, in
Read MoreThe Federal Communications Commission (“FCC”) has issued a
Read MoreOn June 29, the Supreme Court issued a decision in
Read MoreEffective Wednesday, July 1, 2020, the California Attorney General may begin enforcing the California Consumer Protection Act (CCPA). Passed just over two years ago, the CCPA…
Read MoreThe state attorneys general (“AGs”) have signaled that they are ramping up their efforts to combat illegal telephone calls. Fifty-two AGs, including American Samoa and Puerto…
Read MoreIn the 2017 case ACA v. FCC, the D.C. Circuit Court confirmed prior Federal Communications Commission (FCC) guidance that Telephone Consumer Protection Act (TCPA) consent to…
Read MoreWalmart’s motion to dismiss class action claims brought against it for allegedly overcharging consumers for reduced-price weighted goods, such as beef, poultry, and pork, was recently…
Read MoreOne of the most hotly contested issues in TCPA litigation is whether a communication qualifies as an advertisement. For faxes, the determination impacts whether the TCPA…
Read MoreOn May 19th, a coalition of thirty-four state attorneys general led by Colorado AG Phil Weiser urged Congress to pass the Secure and Fair Enforcement (“SAFE”)…
Read MoreBuilding off the California Consumer Privacy Act of 2018 (“CCPA”), the
Read MoreThe Eleventh Circuit has joined the Second Circuit in finding that the Telephone Consumer Protection Act ("TCPA") does not authorize unilateral revocation of consent to receive…
Read MorePerhaps the most consequential debate being waged over the future of class action litigation is whether nationwide class-action lawsuits will continue to be permitted against defendants…
Read MoreAs states begin to lift stay at home orders and reopen their economies, many employers are wondering what it means for their businesses. States are encouraging…
Read MoreGovernor DeWine announced that Ohio’s economy could begin its restart on May 1, 2020, subject to precautions targeted to prevent the spread of COVID-19. President Trump…
Read MoreOhio’s newly formed Dispute Resolution Commission has deemed retailers of cannabidiol (“CBD”) to be non-essential and has ordered their closure. The Dispute Resolution Commission was created…
Read MoreAfter recent opinions from the Seventh Circuit (
Read MoreThe recent scrutiny and class action litigation accompanying Zoom’s rapid transformation to the cultural mainstream stands as a powerful reminder of the importance of proactively understanding…
Read MoreThe state legislatures began their 2020 sessions with a flurry of activity. The following is a recap of the teleservices bills that have been enacted from…
Read MoreA three-judge panel in the Seventh Circuit largely affirmed an Illinois federal court’s judgment finding Dish Network liable for forcing retailers to make 66 million unlawful…
Read MoreLast week President Trump signed into law a historic $2 trillion stimulus package to help alleviate economic strain caused by the coronavirus. The aid package, which…
Read MoreThe Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law Friday by President Trump. The Act drastically expands loans available through the…
Read MoreAs the United States continues to take action to limit the spread of COVID-19 and flatten the curve of infection, the closure of non-essential businesses by…
Read MoreWhether in gummies, face cream, candles, or dog food, CBD seems to be everywhere these days. Even so, there remains considerable confusion as to the legality…
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