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.

New York Sports Betting Coming This Spring

March 25, 2019 The New York State Gaming Commission has formally published sports betting rules and regulations to allow a limited number of upstate casinos to accept wagers on sporting events.   This follows a publication earlier in the year of proposed New York sports betting regulations, and is largely consistent with those prior proposals. What […]

New York Sports Betting Coming This Spring Read More »

Facebook May Relax its Marijuana Marketing Policy

March 8, 2019  As more states legalize medical and recreational marijuana, the continued federal prohibition on marijuana sales creates uncertainty for marijuana marketing and marijuana-related product and service businesses. Just this last February, CBS rejected a medical marijuana advertisement that was set to air on its national Super Bowl broadcast. Similarly, social media platforms, such

Facebook May Relax its Marijuana Marketing Policy Read More »

Proposed Amendments to FTC Regulations Governing Privacy and Consumer Data

March 7, 2019 The Federal Trade Commission (“FCC”) has recently announced that it is seeking comment on proposed amendments to two existing FTC regulations that aim to protect the privacy and security of customer information collected and stored by financial institutions.  Specifically, the amendments would modify the “Safeguards Rule” and “Privacy Rule” under the Gramm-Leach-Bliley Act. The proposed amendments

Proposed Amendments to FTC Regulations Governing Privacy and Consumer Data Read More »

Mastercard Free Trial Requirements

March 6, 2019  Last month, Mastercard Incorporated (“Mastercard”) announced an important change to its policies that will require merchants to provide specific automatic enrollment disclosures to consumers at the conclusion of all free-trial offers. The Mastercard free trial terms are intended to protect consumers from merchants that offer misleading “free to pay” conversions, continuity plans,

Mastercard Free Trial Requirements Read More »

Skincare Product Marketer’s Continuity Billing Draws FTC Scrutiny

March 4, 2019 Beauty product marketer, F9 Advertising, LLC, several related entities, and their individual owner, have been sued by the Federal Trade Commission (“FTC”) for allegedly fraudulent continuity billing practices.   The FTC alleges that the non-compliant continuity billing practices and related marketing violate the Restore Online Shoppers’ Confidence Act (“ROSCA”). How do the entities’

Skincare Product Marketer’s Continuity Billing Draws FTC Scrutiny Read More »

FTC Investigation Leads to its First Fake Reviews Settlement

February 28, 2019  A Federal Trade Commission (“FTC”) investigation of Cure Encapsulations, Inc. and its owner, Naftula Jacobowitz (the “Defendants”), has ended in a settlement that awaits court approval. In its complaint, the FTC alleges that Defendants made false and unsubstantiated claims concerning the efficacy of garcinia cambogia (the “Product”) as a weight-loss supplement and

FTC Investigation Leads to its First Fake Reviews Settlement Read More »

Class Certification Sought in TCPA Case

February 21, 2019 In a case pending before the United States District Court for the Northern District of California, the putative class representative has asked the Court to certify a class of people claiming violations of the Telephone Consumer Protection Act (“TCPA”).   The class certification motion brings the TCPA case to a seminal inflection point

Class Certification Sought in TCPA Case Read More »