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.

Five Guys Grilled over ADA Website Accessibility

August 11, 2017 Last month, a federal district court in Manhattan refused to dismiss a putative class action lawsuit filed by a legally blind woman under the Americans with Disabilities Act (“ADA”) against Five Guys Enterprises LLC (“Five Guys”) concerning the fast casual restaurant chain’s website accessibility. What should you do if you’ve been sued for […]

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Maine Enacts Operator-Friendly Fantasy Sports Legislation

August 8, 2017 Maine recently joined the growing list of states (now 15) to legalize fantasy sports by enacting its own legislation that will expressly sanction and regulate fantasy sports contests and their operators within the State.   What are some key provisions of Maine’s fantasy sports regulatory scheme?

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DePaul University Loses Spokeo-Based Challenge to TCPA Lawsuit

August 7, 2017 DePaul University (“DePaul”) recently lost a Spokeo-based challenge to a Telephone Consumer Protection Act (“TCPA”) lawsuit.  The denial, which comes at the very early stages of the TCPA lawsuit, will likely result in a potentially protracted litigation, which involves allegations of unsolicited text message marketing. How does the denial of the Spokeo-based

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The FTC’s Latest Bid to Blacklist Telemarketers

August 4, 2017 This Tuesday, the Federal Trade Commission (“FTC” or “Commission”) announced a new initiative to share consumer complaint-sourced telemarketer data with private businesses that develop call-blocking technology. How will the FTC’s recent move affect telemarketers?

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Platform Provider Hit with Huge TCPA-Based Forfeiture Order

August 3, 2017 On July 26, 2017, the Federal Communications Commission (“FCC”) released a forfeiture order against telemarketing platform provider Dialing Services, LLC (“DS”).  The forfeiture order imposes a $2,880,000.00 penalty for violations of the Telephone Consumer Protection Act (“TCPA”).  The FCC has been investigating DS’s business model and practices dating back to 2012 and,

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Have You Been Threatened with an ADA Website Accessibility Lawsuit?

July 28, 2017 Many business owners are familiar with Americans with Disabilities Act (“ADA”) requirements for physical structures, such as including wheelchair-accessible routes of travel in restaurants.  However, it is less commonly known that the U.S. Department of Justice (“DOJ”) and class action plaintiffs’ attorneys have interpreted the ADA to apply to website accessibility as

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Spotify’s Automatic Renewal Problem Continues

July 27, 2017 Spotify USA, Inc.’s (“Spotify”) efforts to have class action claims regarding its automatic renewal practices dismissed were recently denied by a federal court in California.  The decision represents another data point in the recent upward trend of class action lawsuits involving claimed violations of California’s Automatic Renewal Law (“ARL”). How do Spotify’s

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