David Klein

David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

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Help Ensure Delivery of Your 10DLC Texts with TCR Assistance

Over the past few months, securing approval for listing on The Campaign Registry (“TCR”) has become significantly more difficult. Why? Because virtual phone service providers (“service providers”) continue to update internal TCR registration procedures as they receive feedback from U.S. mobile carriers. As a result, many businesses are now dealing with a higher rate of […]

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Caller ID and Text Messages

In Newell v. JR Capital, LLC, a Pennsylvania federal court recently considered, among other things, whether the Telephone Consumer Protection Act’s (“TCPA”) caller identification (“Caller ID”) requirements apply to text messages. Below, we discuss the decision in detail and its implications for telemarketers.   Private Right of Action for Failing to Comply With Caller ID Requirements  

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High Steaks Affairs: Internet Accessibility Lawsuits on the Rise

Last month, Hallyu Korean BBQ (“Defendant”) was named as a defendant in an internet accessibility lawsuit in the United States District Court for the Southern District of Florida. Plaintiff, who is blind, alleged that Defendant violated the Americans with Disabilities Act (“ADA”) because its website contained barriers to access for visually impaired individuals. As our

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FCC Deletes Deletes Deletes One-To-One Consent TCPA Rule 

In line with the Federal Communications Commission’s (“FCC”) initiative to eliminate unnecessary rules, the FCC recently rendered its one-to-one Telephone Consumer Protection Act (“TCPA”) consent rule (“TCPA Rule”) dead by “deleting” it from its regulations. Earlier this year, readers may recall that a federal court ordered that the TCPA Rule be vacated. Now, the FCC

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Not Worth the Gamble: Major Deceptive Gaming Advertising Settlement Announced

On July 10, 2025, the Connecticut Department of Consumer Protection (“DCP”) announced that it had reached a settlement with DraftKings following a gaming advertising-related investigation. Without admitting fault, DraftKings agreed to return over $3M to Connecticut consumers who signed up as a result of promotions advertising a “50% Casino Deposit Match” or “Casino Deposit Bonus.”

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Ninth Circuit Judge Questions Continued Viability of Internet Wiretapping Claims

Readers of this blog may recall a piece in which we discussed an unfavorable Ninth Circuit California Invasion of Privacy Act (“CIPA”) internet wiretapping decision. Interestingly, the Ninth Circuit recently weighed in again on similar internet wiretapping claims, and this time, it reached a very different outcome. Below, we discuss the decision’s impact and its

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TCPA Quiet Hours Telemarketing and Consent

Does prior express written consent permit calls/texts to consumers during the Federal Communications Commission’s (“FCC”) proscribed quiet hours? As our readers know, the FCC is now considering this very issue insofar as it relates to the Telephone Consumer Protection Act (“TCPA”). In the wake of the United States Supreme Court’s decision in Loper Bright, which

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TCPA Compliance is Essential! Give Your Practices and Procedures a Facelift

On June 23, 2025, Nip & Tuck Plastic Surgery, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). DNC compliance means that, in general, companies cannot place telemarketing calls to consumers who have registered their telephone numbers on

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