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.

person on shopify website wiretapping claim

Favorable CIPA Wiretapping Claim Decision

Blog, Data & Privacy Law, Telemarketing Law /

As our readers know, lawsuits alleging illegal wiretapping claims against companies that collect consumers’ data continue unabated. Below, we discuss a recent favorable ruling dismissing California Invasion of Privacy Act (“CIPA”) wiretapping claims against an e-commerce company.  California Federal Court Dismisses Wiretapping Claim    In Briskin v. Shopify Inc., Plaintiff asserted, among other things, illegal wiretapping claims against  Shopify in violation of CIPA. While purchasing fitness apparel from a Shopify merchant, Plaintiff claimed that Shopify wiretapped his communications by collecting sensitive private information (including his […]

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person typing an email on their laptop washington email laws

Beware of Washington’s Commercial Email Statute!

Blog, Data & Privacy Law, Internet Law /

Enacted in 1998, Washington’s Commercial Electronic Mail Act (“Washington Email Statute”) was aimed at curtailing consumers’ receipt of commercial email at a time when: (1) consumers had limited internet access; and (2) internet service providers typically charged for time spent accessing the internet. Despite its noble purpose, Washington’s Email Statute now is being used to

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close up of the letter AI for artificial intelligence AI calls

AI Telemarketing Calls

Blog, Telemarketing Law /

Readers of this blog know that the Federal Communications Commission (“FCC”) declared that telemarketing calls utilizing artificial intelligence (“AI”) are subject to the Telephone Consumer Protection Act’s (“TCPA”) restrictions on “artificial or prerecorded voice” transmissions. With the use of AI becoming more prevalent, several states have taken steps to regulate the use of AI in calls to consumers. Below, we discuss: (1) a few states that have regulated the use of AI

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phone on table with reflection opt out tcpa telemarketing

New Effective Date for TCPA Opt-Out Rule!

Blog, Telemarketing Law /

Although originally adopted on February 16, 2024, the Federal Communications Commission again has decided to delay the effective date of its opt-out regulation until January 31, 2027. We discuss the reasoning for the most recent delay below.   TCPA Opt-Out Regulation Delayed, Again  Slated to go into effect on April 11, 2025, the FCC’s opt-out rule amended the Telephone Consumer Protection Act’s (“TCPA”) implementing regulations to require callers to treat opt-out requests in response to one type of message as applicable to all future calls/texts (“Opt-Out Regulation”). After

New Effective Date for TCPA Opt-Out Rule! Read More »

CIPA california action california flag american flag TCPA telemarketing

Have You Been Threatened With A CIPA Action?

Blog, Telemarketing Law /

In the past couple of years, we have seen an explosion in the number of demand letters and lawsuits involving alleged violations of the California Invasion of Privacy Act (“CIPA”). Oftentimes, recipients of a CIPA demand feel helpless, lacking a sense for both what the claimed wrongdoing is and how to appropriately defend themselves.  A CIPA action may take a variety of forms, and having a basic

Have You Been Threatened With A CIPA Action? Read More »

iphone green message bubble with notification DNC private text message

Are Text Messages Telephone Calls For TCPA DNC Private Right of Action Purposes?

Blog, Telemarketing Law /

Following the United States Supreme Court’s decision in McLaughlin v. McKesson, companies facing alleged Telephone Consumer Protection Act (“TCPA”) violations are able to challenge areas of the TCPA that had been relatively foreclosed by previous Federal Communications Commission (“FCC”) interpretations or guidance. Post-McLaughlin, the most prevalent challenge has focused on the meaning of the term

Are Text Messages Telephone Calls For TCPA DNC Private Right of Action Purposes? Read More »

guy sitting at computer free trials renewals

“Free” Trials Cost $60 Million

Blog, Online Marketing & Advertising Law /

The Federal Trade Commission (“FTC”), and a large grocery delivery service recently agreed to resolve allegations that the company, among other things, offered consumers free trials of its paid membership program but failed to disclose certain material post-trial program terms. Below, we discuss the FTC’s allegations in detail, the terms of the proposed settlement, and

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girl holding her phone TCR registration telemarketing

TCR Guidance in Light of 2025 Registration Developments

Blog, Telemarketing Law /

As our readership is aware, the Application-to-Person (“A2P”) 10-digit long code (“10DLC”) ecosystem continues to evolve as mobile carriers refine their requirements for The Campaign Registry (“TCR”). The year 2025 saw a renewed emphasis on curbing unwanted text messages and enhancing consumer trust, resulting in carriers and third-party service providers implementing stricter review standards. Consequently,

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