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.

Spokeo-Based Challenge to TCPA Lawsuit Denied by Illinois Federal Court

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February 7, 2017 A recent Spokeo-based challenge to a plaintiff’s standing in a Telephone Consumer Protection Act (“TCPA”) lawsuit was denied by a federal court in the Northern District of Illinois.  With the denial of the motion to dismiss, the TCPA lawsuit, which involves allegations that a debt collector’s use of an automatic telephone dialing […]

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Running a sweepstakes? Discuss 'sweepstakes consideration' with a sweepstakes lawyer

One More Reason to Call a Sweepstakes Lawyer

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Last month, an Ohio federal district court refused to dismiss a putative class action lawsuit filed against Foot Levelers, Inc. (“Foot Levelers”) concerning the orthotics maker’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 sweepstakes lawyer help

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Spectrum Facing Consumer Fraud Lawsuit Over Wireless Internet Speed Claim Practices

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February 3, 2017 The Office of the Attorney General for the State of New York (“NYAG”) has filed a consumer fraud complaint against Charter Communications, Inc. and Spectrum Management Holding Company, LLC (“Spectrum”) for deceptive practices in connection with its wireless Internet services.  The suit seeks, among other relief, disgorgement, restitution on behalf of consumers,

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FTC Settles “Made in USA” False Advertising Claims

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February 2, 2017 On Wednesday, the Federal Trade Commission (“FTC”) announced settlement of its false advertising claims against iSpring Water Systems, LLC (“iSpring”).  According to the FTC’s complaint, iSpring, a company that sells water filtration systems and parts, falsely claimed and marketed that its products are “built in USA.”  In fact, according to the FTC,

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Cynosure Settles Fax TCPA Class Action for $16 Million

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January 30, 2017 On Thursday, the parties in ARcare, Inc. v. Cynosure, Inc., an action concerning the Telephone Consumer Protection Act (“TCPA”), filed a motion for preliminary approval of a class action settlement of plaintiff’s fax TCPA claims.  Specifically, the named plaintiff alleged that it received multiple unsolicited fax advertisements from the defendant which were

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5 Hour Energy Deceptive Practices Lawsuit Survives Challenge

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January 27, 2017 A federal court in the Central District of California has denied a motion filed by the manufacturers and marketers of the dietary supplement, 5 Hour Energy, which would have dismissed a putative nationwide deceptive practices class action lawsuit.  The lawsuit, focusing on alleged false misrepresentations concerning the efficacy of the 5 Hour

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FTC Settles False Advertising Action Against Breathometer, Inc.

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January 26, 2017 On Monday, the Federal Trade Commission (“FTC”) announced that it had settled claims against the marketer of two app-supported smartphone accessories allegedly advertised as having the ability to accurately measure a consumer’s blood alcohol content (“BAC”).  The apps offered by Breathometer, Inc. (“Breathometer”), as well as its founder, were featured on the

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