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.

Twitter Survives TCPA Text Messaging Class Action

December 22, 2017 A nationwide class action lawsuit filed in the United States District Court for the Northern District Court of California, alleging violations of the Telephone Consumer Protection Act (“TCPA”) against Twitter, Inc. (“Twitter”), was recently voluntarily dismissed.  The terms of the settlement leading to the dismissal are not publicly known. What were the

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FTC Settles Work at Home Lawsuit

December 21, 2017 The Federal Trade Commission (“FTC”) announced that it recently settled a work at home lawsuit against a group of defendants that offered consumers business opportunities to earn money from working at home. The FTC alleged that defendants Bob Robinson, LLC, Mega Export 2005 Inc., Mega Export USA Inc., Netcore Solutions, LLC, and

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TCPA Fax Class Action Lawsuit Dismissed

December 18, 2017 A fax class action lawsuit in the United States District Court for the Eastern District of Missouri brought under Telephone Consumer Protection Act (“TCPA”) against various marketing entities and their respective individual owners was recently dismissed.  In a ruling based on personal jurisdiction, the Court decided that it violated the marketers’ due

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First Ever Organic Marketing Advertising Case Settles with FTC

December 14, 2017 The Federal Trade Commission (“FTC”) recently announced that it reached a settlement in its first ever “organic” marketing case against Moonlight Slumber, LLC (“Moonlight”). If you are familiar with Aziz Ansari’s position on thread count, then you would imagine that Aziz, like the FTC, would not be pleased with allegedly non-organic mattresses.

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Supplement Marketing Firm Settles FTC Lawsuit for $800,000

December 5, 2017 Last week, Health Research Laboratories, LLC (“HRL”) and its owner/operator agreed to pay $800,000 to settle a Federal Trade Commission (“Commission” or “FTC”) lawsuit for engaging in allegedly deceptive supplement marketing practices.   How can supplement marketers stay legally compliant?

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Fast Food Chain Hit with Class Action Text Message Lawsuit

November 27, 2017 Earlier this month, a putative class action text message lawsuit was filed in a Chicago federal district court against Checkers Drive-In Restaurants, Inc. (“Checkers”) and its affiliate mobile marketer, alleging violations of the Telephone Consumer Protection Act (“TCPA”). Why should sellers and mobile marketers ensure that their text messages are TCPA compliant?

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Online Lingerie Marketer Settles Negative Option Lawsuit With FTC

November 22, 2017 The Federal Trade Commission (“FTC”) has announced that online lingerie marketer AdoreMe, Inc. (“AdoreMe”) has settled claims alleging that its deceptive negative option enrollment and cancellation practices violated both Section 5 of the FTC Act and the Restore Online Shoppers’ Confidence Act.  The underlying complaint in the negative option lawsuit alleged improper

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