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Use code FOURTH25 to get $10.00 off a purchase of $25.00 or more at Macy’s. Consider using the coupon to grab new Pyrex mixing bowls or a food storage set. These sets are priced a penny below the threshold, but Macy’s will still take the coupon!

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https://askfitness.today/how-a-big-wave-photographer-caught-this-epic-surf-shot-of-kai-lenny/
Fred Pompmayer chases after large waves around the world. As a top browse digital photographer, he constantly keeps track of the forecast as well as sea problems to time his outings.



" Nobody is doing exactly what he's doing with a standup paddleboard right now," Pompermayer claims of Lenny.

< a. href=" https://www.mensjournal.com/adventure/10-most-extreme-big-wave-surfing-destinations/" target= "_ blank" data-track-category=



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data-track-action= "Tap Interstitial Link". data-track-label=" https://www.mensjournal.com/adventure/10-most-extreme-big-wave-surfing-destinations/" > The 10 Most Extreme Big-wave Surfing Destinations To obtain the shot, Pompermayer got on a jet ski.

Also so, the sea made taking the image no easy job." Sometimes the wave breaks much out, and in some cases the barrel will certainly be more within," he claims. "You have to review the water the whole time to earn certain you're in a great place."

He approximates that he took in between 3,000 and also 5,000 images that day to get this standout.

" I've never experienced a day like that prior to. It was ideal."




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https://bluetoothproximitymarketing.info/amended-cal-email-bill-is-still-a-job-killer/
Assemblyman Chau has released an amended version of AB 2546 (which amends California’s existing commercial email law) that reflects changes won during the hearing before the Senate Business, Professions and Economic Development Committee (a copy of which is below).



The bill, whose primary proponent appears to be plaintiff’s lawyer Dan Balsam (who also would be the bill’s main beneficiary), still is problematic even with the changes.

The Fundamental Premise of the Bill is Impro
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per

The federal CAN-SPAM Act preempts state laws “that expressly regulates the use of electronic mail to send commercial messages,” but contains a limited exception to preemption for state laws only “to the extent prohibits falsity or deception in any portion of a commercial electronic mail message”.  AB  2546 as amended, however, still states that it  is premised on the “need to regulate the advertisers who use spam because they may obtain an unfair advantage over their competitors who engage in legitimate and lawful advertising practices.”  There are two problems with this premise: (i) unsolicited commercial email is a “legitimate and lawful advertising practice” under the CAN-SPAM Act and protected by the First Amendment; and (ii) regulating the use of unsolicited commercial email is expressly preempted by the CAN-SPAM Act.

The Definition of Commercial Email is Still Problematic

While Assemblyman Chau agreed to clarify that the expanded definition did not apply to charitable and political solicitations as I pointed out, the current bill still expands the definition to include securities and financial solicitations that likely are preempted by federal law.

It Creates A Separate Liability Standard for Email Advertisements

Assemblyman Chau’s amendment did not address my objection to the expansion of the bill to include falsity in the email itself.  This expansion is unnecessary since email recipients already have a remedy for “untrue or misleading” statements under existing false advertising law (B&P Code § 17500).   This amendment, however, would circumvent (i) the requirements under § 17500 that a plaintiff demonstrate either intent or a reckless disregard for the truth and (ii) the requirement under Proposition 64 that a plaintiff have “suffered injury in fact and has lost money or property as a result”.

It is important to remember that Proposition 64 was enacted overwhelmingly by the voters of California in response to abusive lawsuits in which no one was injured.  This change would create a separate strict liability standard solely for email advertisements and subject them to the abuses of vexatious litigants that Proposition 64 sought to eliminate.  There is no rational basis for making such a distinction other than to benefit the proponents of this bill.

This likely would lead to businesses moving away from email marketing and likely would result in reduced sales and jobs losses for e-commerce businesses that rely on email.

It Improperly Seeks to Reverse Rosolowski v. Guthy-Renker

In Rosolowski v. Guthy-Renker, LLC, 230 Cal.App.4th 1403 (2014), the California Court of Appeal held that a from line that does not specifically identify the name of the advertiser is not misleading if the identity of the sender is readily ascertainable from the body of the email.  This is consistent with federal case law that requires that state regulation must address only that which is materially false in order to avoid preemption.   This change will only invite unnecessary litigation until it is eventually invalidated in court.

The Bill Still Seeks to Restrict the Limitation on Damages

Under current law, the court may reduce the civil penalty from $1000 to $100 per violation if a defendant has “established and implemented, with due care, practices and procedures reasonably designed to effectively prevent that are in violation of this section.”  AB 2546 negates the effectiveness of this limitation of liability by imposing burdensome recordkeeping and training obligations to a party invoking this provision.

Dan Balsam testified that he is doing marketers a favor by clarifying their obligations under this provision, but the language suggests that his real intention is to gut the provision by making it more difficult to qualify.

Next Steps

The bill will be heard by the Senate Judiciary Committee on Tuesday, June 26th.   Please contact the members to let them know how you feel.    (Click here to find out who is your State Senators.)  The Committee has until the end of the week to pass the bill.

If approved by the Senate Judiciary Committee, the bill would need to be approved by the Senate and then again by the Assembly by August 31st.  The passage in either body is not certain.




Member
(District)
Phone
Fax
Twitter




Democrats





Senator Hannah-Beth Jackson (Chair) Santa Barbara
(916) 651-4019
 (916) 403-7394 
 @SenHannahBeth


Senator Robert M. Hertzberg
Van Nuys
 (916) 651-4018
 (916) 651-4918
 @SenateHertzberg


Senator Bill Monning
Monterrey
  (916) 651-4017
 (916) 651-4917
No Twitter


Senator Henry Stern Calabassas
 (916) 651-4027
(916) 651-4927
 @HenrySternCA


Senator Bob Wieckowski Fremont
 (916) 651-4010
 (916) 651-4910
 @BobWieckowskiCA


Republicans





Senator John M. W. Moorlach (Vice Chair)
Costa Mesa
(916) 651-4037
 (916) 651-4937
 @SenatorMoorlach


 Senator Joel Anderson
El Cajon
(916) 651-4038
 (916) 651-4938
 @JoelAndersonCA




AB 2546 as amended
(Changes reflect amendments since Assembly-passed version)


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Remember ‘BBQ Becky‘? The internet thinks this woman could be her best friend. Recently, a video went viral, showing an angry woman allegedly calling the police on an 8-year-old girl who was “illegally” selling water on the street. Meet ‘Permit Patty.’

Her real name is Alison Ettel. Twitter user @_ethiopiangold and Instagram user @ladyesowavy shared the original video of Ettel appearing to report the girl, a relative of both. “This w
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oman don’t want a little girl selling sell some water. She’s calling the police on an 8-year-old girl,” the child’s mother is heard saying. “You can hide all you want but the whole world is going to see you boo.”

Ettel told HuffPost that, “this has no racial component to it.” She also said she only “pretended” to call the police. Ettel added that the incident, which has left her feeling “horrible and heart-wrenched,” began because the girl’s mother was “screaming.” She asked the building’s security to intervene but said they could do nothing.

“They were screaming about what they were selling,” she said. “It was literally nonstop. It was every two seconds, ‘Come and buy my water.’ It was continuous and it wasn’t a soft voice, it was screaming.” She said she had been hearing the little girl and her mother from her open office window.

“I have no problem with enterprising young women,” Ettel added. “I want to support that little girl. It was all the mother and just about being quiet.”

“It was stupid,” she concluded. “I completely regret that I handled that so poorly. It was completely stress-related, and I should have never confronted her. That was a mistake, a complete mistake. Please don’t make me sound horrible.”

The internet, however, wasn’t convinced. Investigating the woman, it found something that suggests Ettel herself might be missing a permit. Her business, a company called TreatWell Health creates cannabis products for humans and animals alike. But the latter is a legal gray area.

Ettel was also supposed to appear in a documentary about women in the cannabis industry. Upon seeing the viral footage of the phone call, however, the director of the film has announced that Ettel will be no longer involved with the project. Critics were calling for a boycott of TreatWell, too. At least three Bay Area retailers, Magnolia Oakland, SPARC, and Barbary Coast have announced that they will no longer carry the company’s products because of the ‘Permit Patty’ incident.

This is Alison Ettel but the internet calls her ‘Permit Patty’


Her nickname was born after this video went viral




Soon, the girl’s cousin stepped in to better explain the situation






She also shared a pic of the “criminal”




People started investigating ‘Permit Patty’









Image credits: lwoodhouse

Because of the viral video, ‘Permit Patty’ is already losing customers






Ettel later said it was a “stress-related” mistake


But people weren’t buying it














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