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.

girl on her computer cipa tracking

Class Dismissed – Class Certification Denied in CIPA Internet Tracking Lawsuit

Blog, Data & Privacy Law /

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 /

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 /

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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federal building california wiretapping data privacy laws

Not Going to California – Wiretap Claims Dismissed

Blog, Telemarketing Law /

A recent decision from a California federal court addresses a more straightforward flavor of wiretapping claims than those that have caused a drastic increase in consumer privacy litigation. Below, we discuss: (1) the wiretapping claims asserted in the lawsuit; (2) the decision and the judge’s accompanying reasoning; and (3) its implications for businesses. No California

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guy on phone lead generation leads

Is Legal Lead Generation Finished?

Blog, Data & Privacy Law /

Recently enacted Colorado legislation targeting lead generation legal marketing is slated to become effective August 12, 2026. As such, it is imperative for our readers to immediately consider this significant development. Below, we discuss the legislation and its future impact on the lead generation legal marketing industry. Summary of Legal Marketing Lead Generation Act Senate

Is Legal Lead Generation Finished? Read More »

person on the phone through a window CIPA wiretap

Is Anyone Listening? CIPA Wiretap Claims Survive Dismissal

Blog, Data & Privacy Law, Telemarketing Law /

Readers of this blog are well aware of the rise in consumer privacy litigation involving California Invasion of Privacy Act (“CIPA”) wiretap claims. Because CIPA is a broadly worded statute, California courts continue to confront CIPA wiretap claims. A California federal judge recently issued a decision in which she refused to interpret CIPA as expansively

Is Anyone Listening? CIPA Wiretap Claims Survive Dismissal Read More »

Let’s Go to The Session Replay Booth!

Blog, Data & Privacy Law, Telemarketing Law /

Readers of this blog are well aware of the uptick in consumer privacy claims surrounding the online use of session replayand other similar tracking technology. Allegedly aggrieved consumers typically claim that the use of session replay software allows third parties to illegally eavesdrop andwiretap their communications while visiting websites without their consent. In a recent decision from the United States Court of Appeals for the Third Circuit (“Third Circuit”), the Court reviewed a district court’s

Let’s Go to The Session Replay Booth! Read More »