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.

Self-Regulatory Principles Applicable to Internet-Based Advertisers: Giving Consumers a Choice and, Sometimes, Obtaining Express Consent

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

October 18, 2018 The Digital Advertising Alliance (“DAA”) is a non-profit organization formed and governed by several leading advertising and marketing trade associations. It has enacted and employs several privacy-related self-regulatory principles (the “DAA Principles”) applicable to digital advertising data collection and use. The DAA Principles cover entities engaged in Internet-based advertising and seek to […]

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Comparing the California Consumer Privacy Act (CCPA) and the EU’s General Data Protection Regulation (GDPR)

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

October 15, 2018 On June 28, 2018, California passed the most comprehensive and consumer-friendly privacy law in the United States: the California Consumer Privacy Act (“CCPA”).  In many respects, the framework of the CCPA is similar to the Europe Union’s recently enacted General Data Protection Regulation (“GDPR”). While many businesses took measures to comply with

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Nationwide TCPA Litigation Settles

Blog, Journal, Telemarketing Law /

October 12, 2018 A lawsuit in the United States District Court for the Southern District of Florida involving allegations of widespread text messaging-related violations of the Telephone Consumer Protection Act (“TCPA”) was recently settled.  Because of the nature and commonality of the marketing practices at issue, this TCPA litigation ultimately settled on a class-wide basis.

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TCPA News: FCC Seeks Public Comment on ATDS Definition

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

October 5, 2018 A recent decision out of the Ninth Circuit Court of Appeals has led the Federal Communications Commission (“FCC”) to issue a new public notice for comment on what constitutes an “automatic telephone dialing system” (“ATDS”) for purposes of compliance with the Telephone Consumer Protection Act (“TCPA”).  The TCPA news just keeps coming.

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NY AG Reins in WeWork’s Non-Compete Agreements

Journal /

September 27, 2018 The Attorney General for the State of New York (“NY AG”) recently announced a settlement with WeWork Companies, Inc. that will revamp WeWork’s use of employee non-compete agreements.  The announcement comes amid wide-ranging legal challenges to various labor practices employed by the shared-office space company, one of New York’s largest private office

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FTC Obtains Sweepstakes Sponsor Asset Freeze

Blog, Internet Law, Journal, Online Gambling Law /

September 20, 2018 In February of this year, the Federal Trade Commission (“FTC”) and Missouri State officials brought charges against a network of Kansas City area businesses (“Defendants”) which allegedly had used deceptive sweepstakes and other prize mailers to bilk consumers out of more than $100 million. The complaint alleges that Defendants sent prize notices

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TCPA Consent – A Cautionary Tale

Blog, Internet Law, Journal /

September 18, 2018 On September 5, 2018, the United States District Court for Colorado granted a motion permitting All Web Leads, Inc. (“All Web”) to intervene in a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed by Plaintiff Jennifer Turner (“Turner”) against Defendant Efinancial, LLC (“Efinancial”). In her TCPA case, Turner alleges that Efinancial

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TCPA Lawsuit “Hits” the Diamond

Blog, Journal, Telemarketing Law /

September 17, 2018 On September 11, 2018, Chad Fernandez (“Plaintiff”) “hit” Tampa Bay Rays Baseball Ltd. (“Tampa Bay Rays”) with a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit in Florida federal court.  In his TCPA lawsuit, Plaintiff alleges that the Tampa Bay Rays sent four unsolicited text messages to his cellular telephone using

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