David Klein Internet Law Attorney

No Caller ID? Court Says No Problem in Recent TCPA Decision

Since the United States Supreme Court’s watershed ruling, readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) legal landscape has been rapidly evolving. In a recent development, a New York federal court dismissed TCPA claims, including claims that text message solicitations from the defendants violated the TCPA’s caller identification (“Caller ID”) requirements. […]

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Critical Element Missing From Pixel Tracking Lawsuit

Blog, Online Marketing & Advertising Law / David Klein

As our readers know, we often discuss the use of third-party pixel tracking software on consumer-facing websites, and the various claims the plaintiffs’ bar has advanced – namely, that the use of third-party pixel tracking software on websites violates federal and state privacy laws. In a recent decision, a Florida federal judge denied class certification

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TCPA SMS text messages data and privacy law

So, I Can Send SMS Messages and Avoid TCPA Liability? – Not So Fast My Friend!

Blog, Telemarketing Law / David Klein

In a recent piece, we discussed a decision by the first federal appellate court to rule that there is no private right of action under the Telephone Consumer Protection Act (“TCPA”) for the receipt of text messages (“SMS Message”). While this decision certainly was a win for the marketing industry, it should be noted that

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7th Circuit: Unsolicited Texts, The TCPA, and No Private Right Action!

Blog, Telemarketing Law / David Klein

As our readers may recall, we have been tracking a pending appeal centered on the question of whether or not there is a private right of action under the Telephone Consumer Protection Act (“TCPA”) for the receipt of text messages. Recently, the United States Court of Appeals for the Seventh Circuit (“7th Circuit”) answered this

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people on their cell phone in a crowd CIPA laws

Help Wanted! CIPA Law Reform on the Horizon?

Blog, Data & Privacy Law / David Klein

In our piece immediately preceding this one, we briefly discussed revived legislation aimed at curtailing the unintended reach of the California Invasion of Privacy Act (“CIPA”). Herein, we discuss in detail the proposed legislation, recent amendments to the bill designed to change CIPA’s laws, and the effects that the proposed legislation would have on the

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Class Dismissed – Class Certification Denied in CIPA Internet Tracking Lawsuit

Blog, Data & Privacy Law / David Klein

California courts continue to be confronted with claims alleging that websites are violating the California Invasion of Privacy Act (“CIPA”). While courts debate CIPA’s applicability to the use of third-party internet tracking software, a California federal judge recently denied a CIPA-based motion for class certification. Below, we discuss: (1) the CIPA allegations asserted in the

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man on the do not call list registry do not call list

Better Not Call Numbers on the DNC Registry!

Blog, Telemarketing Law / David Klein

A recent Washington federal court complaint filed against a publicly-traded workforce apparel company (the “Company”) alleges that it violated the Telephone Consumer Protection Act (“TCPA”) by placing calls to consumers whose telephone numbers were listed on the National Do Not Call registry (“DNC Registry”). Below, we discuss the allegations set forth in the Complaint, and

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girl on phone with long hair subscription plans

FTC Crackdown on Deceptive Subscription Plans

Blog, Internet Law, Online Marketing & Advertising Law / David Klein

Continuing its focus on fraudulent subscription plan services, the Federal Trade Commission (“FTC”) recently halted a subscription plan operation comprised of 15 corporations and eight individuals. After filing a complaint in a California federal court, the FTC obtained temporary injunctive relief enjoining the defendants from, among other things, marketing allegedly deceptive subscription plans. Below, we

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