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.

strikethrough pricing sale item california store price

California’s Strikethrough Price Law Takes Center Stage  

Blog, Online Marketing & Advertising Law /

Similar to our recent piece, there has been an increase in California-based litigation concerning advertising products at allegedly discounted prices and lawsuits claiming that this practice violates California’s laws on false advertising (“Strikethrough Price Law”) have followed. Below, we broadly discuss the: (1) Strikethrough Price Law; (2) typical allegations asserted in Strikethrough Price Law complaints; and (3) implications of the Strikethrough Price Law for retail businesses.  The Strikethrough Price Law and Recent Allegations  The Strikethrough Price Law prohibits companies from, among other things, advertising the former price of […]

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person in a orange sweater on laptop washington email law

Positive Industry Changes to WA’s Email Law

Blog, Internet Law, Online Marketing & Advertising Law /

Our readers may recall a piece in which we discussed proposed legislation designed to curtail the number of lawsuits filed against companies for alleged violations of Washington’s Commercial Electronic Mail Act (“WA Email Law”). Before being recently signed into law, the legislation underwent some changes, which we discuss below, along with the current status of

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real estate test tcps telemarketing's is the best way

Offers to Buy Real Estate Via Text Message May Violate the TCPA

Blog, Telemarketing Law /

The Northern District of Georgia has been at the center of Telephone Consumer Protection Act (“TCPA”) litigation over the past month. As our readers know, a Georgia federal judge recently found that text messages are not telephone calls for purposes of the TCPA. In another recent decision from the same Court, a Georgia federal judge

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guy on computer in yellow shirt CCPA opt out

Take CCPA Opt-Outs Seriously!

Blog, Data & Privacy Law /

California’s consumer data privacy law affords consumers the right to prevent companies from selling and sharing their personal information. The California Privacy Protection Agency (“CPPA”) is charged with enforcing the California Consumer Privacy Act (“CCPA”), including its opt-out rules (“CCPA Opt-Out Rule”). In September 2025, the CPPA  announced that it would crack down on companies that fail to comply with the CCPA Opt-Out Rule. Recent enforcement actions, including the one discussed in detail below, suggest that the CPPA was not bluffing. In the following paragraphs,

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CIPA DEMANDS GUY WHO IS A REDHEAD LOOKING AT CELLPHONE AND LAPTOP

CIPA Arbitration Demands

Blog, Online Marketing & Advertising Law, Telemarketing Law /

As readers of this blog know, the commonplace use of third-party tracking technology on consumer-facing websites has led to an influx of California Invasion of Privacy Act (“CIPA”) claims. While some of these claims are asserted in formal lawsuits, most CIPA claims are brought in arbitration proceedings. Below, we briefly discuss the CIPA arbitration process

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