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.

OddsShark.com Bitten by New Jersey Gambling Marketing Laws

Blog, Internet Law, Journal, Online Gambling Law, Online Marketing & Advertising Law /

February 20, 2019  On February 6, 2019, Mr. David Rebuck, Director of the New Jersey Division of Gaming Enforcement (the “Division” or “NJDGE”), notified Oddsshark.com and its operators that their promotion of illegal gaming sites violated Federal, and New Jersey State gambling marketing laws. In response to the notification, Oddsshark.com has posted an “ACCESS DENIED” […]

OddsShark.com Bitten by New Jersey Gambling Marketing Laws Read More »

Comparing the Washington Privacy Act (WPA) to the California Consumer Privacy Act (CCPA)

Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law /

February 15, 2019 A new bill, titled the “Washington Privacy Act” (“WPA”), was introduced in the Washington State Senate on January 18, 2019. If enacted, Washington would follow California, which passed the California Consumer Privacy Act (“CCPA”) on June 28, 2018, as the second state to adopt a comprehensive privacy law. Several key provisions of

Comparing the Washington Privacy Act (WPA) to the California Consumer Privacy Act (CCPA) Read More »

CAN-SPAM Cooked? Results are in on the FTC’s Review of the Federal Email Law

Blog, Data & Privacy Law, Journal /

February 14, 2019 In June, 2017, the Federal Trade Commission (“FTC”) sought public comment on the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”). At that time, it had been nearly 15 years since the passage of CAN-SPAM and the FTC was seeking public opinion on the costs, benefits, and regulatory impact that

CAN-SPAM Cooked? Results are in on the FTC’s Review of the Federal Email Law Read More »

TCPA Consent – Happy Hour Invites Lead to Text Message Lawsuit

Blog, Journal, Telemarketing Law, Trademark & Copyright Law /

February 13, 2019 On February 7, 2019, Plaintiff Michael Seefeldt (“Seefeldt)” commenced a text message lawsuit in the United States District Court for the Eastern District of Missouri. The named defendants are the Outfield Brew House, LLC d/b/a Budweiser Brew House (the “Brew House”) and Entertainment Consulting International, LLC (“ECI”). The Brew House is a

TCPA Consent – Happy Hour Invites Lead to Text Message Lawsuit Read More »

Internet Marketers Involved in Free Trial Law FTC Settlement

Blog, Internet Law, Journal, Online Marketing & Advertising Law /

February 7, 2019  Last week, the Federal Trade Commission (“FTC”) announced that it will be mailing over $6 million dollars in checks to consumers who purchased certain health-related products and services. This money will be returned to consumers per the terms of a settlement that the FTC reached with three individuals and 19 companies that

Internet Marketers Involved in Free Trial Law FTC Settlement Read More »

Florida Spa Involved in TCPA Text Messaging Lawsuit

Blog, Journal, Telemarketing Law /

January 30, 2019 On January 22, 2019, Carol Mazzariol (“Plaintiff”) filed a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit against medical spa company, MedSpa Del Mar, LLC (“MedSpa”).  The TCPA text message lawsuit was filed in the United States District Court for the Southern District of Florida and is captioned Carol N. Mazzariol

Florida Spa Involved in TCPA Text Messaging Lawsuit Read More »

What is an Advertisement in a TCPA Fax Case?

Blog, Journal, Telemarketing Law /

January 29, 2019 The United States District Court for the Western District of New York recently issued a decision interpreting the Telephone Consumer Protection Act (“TCPA”) with respect to whether a fax transmission violated the statute.  In particular, the TCPA fax case required the court to decide whether the subject fax transmission constituted an advertisement

What is an Advertisement in a TCPA Fax Case? Read More »