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.

FTC Staff Report Details Rise in Dark Patterns

A September 2022 FTC Staff Report has revealed that manipulative marketing practices by businesses, termed “dark patterns,” is on the rise. The Federal Trade Commission (“FTC”) is a United States government agency whose primary mission is to protect consumers and enforce civil antitrust laws. Since the advent of direct mail and brick and mortar retail, …

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AEDT

NYC’s Use of Automated Employment Decision Tools (“AEDTs”) Law: The Crucial Details

New Law Enacted: 12/11/2021 Takes Effect: 1/1/2023 Background: Many companies use Artificial Intelligence (“AI”) and Automated Decision Systems (“ADS”) to help quicken the pace involved in evaluating potential candidates for employment. These tools have the ability to: (1) scan a candidate’s online presence; (2) evaluate resumes by searching for certain keywords; and (3) determine whether …

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sweepstakes amoe

California Court Sides with Coinbase in Sweepstakes AMOE Action

Running a promotional sweepstakes is an innovative and creative way to attract and retain new customers. However, promoters and administrators must be sure to follow state and federal regulations when crafting their sweepstakes contest rules or risk legal action. One of the most important factors to consider is what is necessary to enter a given …

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children's privacy rights

California Continues to Enhance Children’s Privacy Rights

It is no secret that for years, California has been a leader in consumer digital privacy regulation. Now, California has set its sights on expanding children’s privacy rights. As readers of this blog know, the State of California passed the groundbreaking California Privacy Rights Act of 2020 (“CCPA”) which, among other measures, ensured that businesses …

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Fake Reviews Violation

Fake Reviews Violations and Phony Listings Result in FTC Lawsuit

The Federal Trade Commission (the “FTC” or “Commission”) and six states sued Roomster Corp. and its owners for allegedly deceiving consumers with fake reviews and bogus listings. Roomster is an Internet-based room and roommate finder platform, purporting to help consumers find affordable housing via its website and mobile apps. Users must pay a fee to …

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CCPA Enforcement Action

First Major CCPA Violation Enforcement Action Announced!

In an age where many businesses regularly share consumer personal information, the California Attorney General sent a clear message to industry by announcing its first major enforcement action for violations of the California Consumer Privacy Act (“CCPA”). Passed in 2018, the CCPA went into effect on January 1, 2022, with the aim of giving consumers …

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CFPB advertising rule

CFPB Advertising Rule: New Liability for Digital Marketing “Service Providers”

The Consumer Financial Protection Bureau (“CFPB”) is a U.S. government agency charged with ensuring that consumers are treated fairly by banks, lenders, and other financial institutions. In connection with this directive, the CFPB has turned its attention to financial firms that use targeted advertising to reach consumers. The recently issued CFPB Advertising – interpretive rule …

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