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.

TCPArule woman holding phone phone blank tcpa tcpa laws FCC

Chevron Deference Overruled! FCC to Curb TCPA Rulemaking?

As our readers are by now aware, on June 28, 2024, the Supreme Court of the United States overturned a legal precedent known as “Chevron deference” by a 6-3 vote. The Court’s opinion in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al. (“Loper Bright”) has major implications for Telephone Consumer Protection […]

Chevron Deference Overruled! FCC to Curb TCPA Rulemaking? Read More »

CIPA CIPAlaw telemarketing amazon california wiretap woman talking on phone in city

Back to the Future – CIPA Wiretap Case Survives Dismissal

Readers of this blog are familiar with the California Invasion of Privacy Act (“CIPA”), and the systematic transformation of CIPA wiretapping cases since their inception. Applying CIPA, a Washington State federal court recently denied a motion to dismiss a putative class action alleging that defendant violated CIPA by wiretapping plaintiff’s conversations with a third-party. Below,

Back to the Future – CIPA Wiretap Case Survives Dismissal Read More »

baseball chicago cubs sports tcpa law

Buy Me Some Peanuts, Cracker Jack, and a TCPA Lawsuit

On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in Lateano v. Chicago Cubs Baseball Cub, LLC. In his Telephone Consumer Protection Act (“TCPA”) lawsuit, Plaintiff alleged that he continued to receive promotional text messages

Buy Me Some Peanuts, Cracker Jack, and a TCPA Lawsuit Read More »

gambling advertising sports betting sports ads track and field lines

As Online Sports Betting Proliferates, Authorities Tighten the Screws on Gambling Advertising

On May 14, 2018, the United States Supreme Court decided the pivotal matter of Murphy v. National Collegiate Athletic Assoc., repealing the Professional and Amateur Sports Protection Act of 1992. The decision cleared the way for legalized sports betting across the United States and created an associated need for gambling advertising. In the years since

As Online Sports Betting Proliferates, Authorities Tighten the Screws on Gambling Advertising Read More »

third part pixel software CIPA man typing on keyboard

Third-Party Pixel Tracking Technology Liability 

Recently, companies have found themselves defending allegations that the use of third-party pixel tracking technology on their websites violates state consumer privacy laws. Fortunately, these claims do not always survive the dismissal stage of litigation proceedings. In Nienaber v. Overlake Hosp. Med. Ctr., 2024 WL 2133709 (W.D. Wsh. May 13, 2024), plaintiff alleged that defendant,

Third-Party Pixel Tracking Technology Liability  Read More »

TCPA class TCPA laws black telephone white background

How to Challenge TCPA Class Action Certification

Last month, a magistrate judge for the United States District Court for the Middle District of Florida issued a useful decision in favor of Defendant, recommending that Plaintiff’s Motion to Certify a Telephone Consumer Protection Act (“TCPA”) class be denied. In Sharfman M.D.P.A. v. Precision Imaging St. Augustine LLC  (“Sharman”), Plaintiff sought to certify a

How to Challenge TCPA Class Action Certification Read More »