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.

Fake News: A Legal Perspective

May 1, 2017 By David O. Klein and Joshua R. Wueller The concept of “fake news” has garnered substantial attention in recent years, evolving from its satirical literary origins into a passionately criticized Internet phenomenon. Whether described as rumors, “counterknowledge,” misinformation, “post-truths,” “alternative facts” or just plain damned lies, these false statements of fact typically […]

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Website/App Provider in Hot Water for Ambiguous Privacy Policy

May 1, 2017 Last week, Unrollme Inc.’s (“Unroll.me”) privacy policy came under fire from consumers and privacy advocates in response to news that Unroll.me collects and sells data associated with user email messages. Why should website and mobile app providers have a clear and conspicuous privacy policy?

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Soundboard technology and the FTC- Klein Moynihan Turco

Soundboard Technology Calls Qualify as Robocalls Under TSR

This past Monday, the United States District Court for the District of Columbia upheld a Federal Trade Commission (“FTC”) interpretation of the Telemarketing Sales Rule (“TSR”) which held that marketing calls placed through use of soundboard technology constitute “robocalls” under the statute.  Although the FTC originally found that telephone calls using soundboard technology do not

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Weight Loss Marketing Companies Settle FTC Claims

April 27, 2017 Last week, the Federal Trade Commission (“FTC”) announced a $32 million settlement with NutriMost, LLC, NutriMost Doctors, LLC and their owner (collectively, “Defendants”).  The FTC alleged that the Defendants’ weight loss marketing materials misled consumers into believing that the Defendants’ product would cause consumers to lose 20-40 pounds in 40 days.  According

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OkCupid Hit with Deceptive Advertising Class Action Lawsuit

April 26, 2017 Last week, a putative deceptive advertising class action lawsuit was filed against Dallas-based online dating company Match Group, Inc. (“Match”) in connection with certain premium paid features available on Match’s OkCupid platform. What is the nature of the claims against Match?

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FTC Trains Its Sights on Social Media Influencers

April 24, 2017 For the first time, the Federal Trade Commission (the “FTC” or “Commission”) has contacted, and questioned the product endorsement practices of, dozens of social media influencers – individuals who are powerful, popular and relevant enough to influence others within their online social sphere.  Influencers provide product endorsements through social media platforms, such

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Medical Supply Company Hit with Class Action TCPA Fax Lawsuit

April 21, 2017 A class action fax lawsuit has been filed against a medical supply company in the federal district court for the Southern District of Illinois.  The plaintiff seeks to represent a nationwide class of persons and entities who received one or more faxes alleged to have been sent in violation of the Telephone

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Federal Class Action Lawsuit Highlights Importance of Sweepstakes Lawyer

April 20, 2017 Last month, a federal district court in Detroit refused to dismiss a putative class action lawsuit filed against Dunham’s Athleisure Corporation (“Dunham’s”) concerning the regional sporting goods retailer’s sweepstakes sponsorship and marketing practices, reinforcing the importance of consulting an experienced sweepstakes lawyer when formulating and/or sponsoring a promotional contest or sweepstakes. How can a

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