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.

SMS Text Messages and the TCPA- Klein Moynihan Turco LLP

SMS Text Messaging and the TCPA

Short Message Service (SMS) text messaging has become a ubiquitous form of communication for people over the last decade.  Consequently, marketers and advertisers who are continuously refining their processes to more successfully connect with current and prospective consumers have gravitated to the medium in droves.  Oftentimes, however, they do so without regard for the nuanced …

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TCPA Liability: Clickwrap v. Browsewrap

How to Navigate TCPA Liability on Your Website: Clickwrap v. Browsewrap.

The Telephone Consumer Protection Act (“TCPA”) protects consumers against the receipt of certain unsolicited telemarketing calls, faxes, and text messaging. Businesses that violate TCPA regulations may face lawsuits brought by unhappy consumers. These can get extremely expensive in the case of class actions, which often involve thousands of consumers and multiple violations. To safeguard your …

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Is the Favorite Chef Contest an Illegal Sweepstakes?- Klein Moynihan Turco LLP

Is the Favorite Chef Contest an Illegal Sweepstakes?

On June 24, 2021, Bridget and Lisa Ward (the “Plaintiffs”) filed a class action lawsuit against Crow Vote LLC (“Crow Vote”), its owner Darrin Austin, and celebrity chef Edward Matney (collectively, the “Defendants”). The complaint alleges that the “Favorite Chef” contest promoted by Defendants was actually an illegal sweepstakes that misled consumers through use of …

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No Early Dismissal in post-TCPA Facebook Case- Klein Moynihan Turco LLP

No Early Dismissal in post-TCPA Facebook Case

Recently, a Missouri federal court analyzed how the United States Supreme Court decision in Facebook v. Duguid (“Facebook”) interprets the Telephone Consumer Protection Act (“TCPA”). In the aftermath of the TCPA Facebook decision, the Missouri court (the “Court”) in Miles v. Medicredit, Inc. addressed whether Miles’s TCPA autodialer claims could survive early scrutiny. The Court …

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Can a Sweepstakes Require a Purchase to Enter?

Can a Sweepstakes Require a Purchase to Enter?

Sweepstakes and similar promotional contests can be cost-effective means of marketing a product, service or brand based, in part, on the buzz generated by the allure of prizes.  Sweepstakes can also be a useful method for generating sales/purchases.  However, various laws can make generating sales via promotional contests a risky endeavor if the purchase of …

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Call Center Agreements - Klein Moynihan Turco LLP

Telemarketing Call Center Agreements: Make the Right Call

Communicating with consumers via telephone and text messaging has become an increasingly effective means of consumer outreach.  To do it correctly, comprehensive and well-drafted call center agreements must be an essential component of the process.  Due to the significant risk of violating state and federal telemarketing laws, its is vital that businesses negotiate and enter …

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Coinbase Sued for Misleading Sweepstakes Advertising- Klein Moynihan Turco LLP

Coinbase Sued for Misleading Sweepstakes Advertising

A class action lawsuit has been brought against Coinbase Global, Inc. (“Coinbase”) and Marden-Kane, Inc. (“MKI”) (collectively the “Plaintiffs”) for allegedly engaging in false, deceptive and misleading sweepstakes advertising. Coinbase, one of the largest online cryptocurrency exchanges, hired MKI to design, market and execute a $1.2 million “Dogecoin Sweepstakes,” beginning on June 3, 2021. The …

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