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.

FTC Lawsuit Alleging Deceptive Marketing of “Free” Products and Continuity Plans Settles

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September 18, 2017 The Federal Trade Commission (“FTC”) has announced that ten online marketers of cooking and golf-related products have agreed to settle claims alleging violations of the FTC Act and the Restore Online Shoppers’ Confidence Act, based on the marketers’ alleged improper use of two types of negative option offers:  (i) continuity plans, where […]

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Why Your Sweepstakes Promotion Needs a Privacy Policy

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September 14, 2017 Sweepstakes Privacy Policies: A Key Aspect of Sweepstakes Promotions Promotional contests, giveaways and sweepstakes are invaluable tools for businesses looking to attract new customers.  Unlike simple, unincentivized, requests for consumer information, sweepstakes drive consumers to provide their information to a given business by offering entrants the chance to win prizes and other

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FTC Settles Landmark Social Media Influencer Investigation

2 Comments / Blog, Journal, Online Gambling Law /

September 12, 2017 The Federal Trade Commission (“FTC”) recently announced that it had reached a settlement in an investigation of social media influencers’ alleged deceptive business practices.  According to the FTC, the subject administrative complaint was the agency’s first ever investigation of individual social media influencers for product endorsement-related practices. What was the nature of

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Ask A Trademark Lawyer How to Trademark Your Domain Name

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September 11, 2017 In a potentially groundbreaking decision (Booking.com B.V. v. Matal, et al., Index No. 16-cv-425 (the “Trademark Lawsuit”)), a U.S. District Court recently overruled the U.S. Patent and Trademark Office (“USPTO”) and ordered the USPTO to register BOOKING.COM as a trademark.  The Trademark Lawsuit reinforces the importance of consulting with an experienced trademark

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KMT’s David Klein Weighs in with Forbes Legal Newsline on the TCPA, Text Messages

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September 5, 2017 An Illinois federal court’s decision refusing to dismiss a lawsuit brought against a university over a series of allegedly unsolicited text messages is “unfortunate,” says one of the most recognized attorneys in the technology and telecommunications fields. David O. Klein, managing partner of New York City-based Klein Moynihan Turco LLP, said the July

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New Jersey Fantasy Sports Law Enacted

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August 28, 2017 New Jersey recently became the latest state to legalize fantasy sports when Governor Chris Christie formally signed newly-passed legislation into law.  One of the minority of states to allow casino gambling, New Jersey’s legalization achievement is a notable development given that gaming interests have long been an opponent of New Jersey fantasy

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Dietary Supplement Marketers Agree to $6.5M Settlement of FTC Lawsuit

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August 25, 2017 The Federal Trade Commission (“FTC”) has announced that dietary supplement marketer Synergixx, LLC (“Synergixx”), its owner, Charlie Fusco, and a naturopathic physician named Ronald Jahner have agreed to settle claims brought by the FTC and the State of Maine (the “FTC lawsuit”) alleging violations of the FTC Act, the Telemarketing and Consumer

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Court Curtails Expansive Fax-Related TCPA Liability

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August 22, 2017 A federal court in Michigan recently rejected a plaintiff’s plea to expand the scope of Telephone Consumer Protection Act (“TCPA”) liability in a fax advertisement class action case.  This should come as welcome news to those operating in this space, particularly product manufacturers, as the court put a needed stop to recent

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