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.

Post-Spokeo, Michigan’s VRPA Still a Thorn in the Side of Magazine Sellers

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March 17, 2017 Last month, a federal district court held that alleged violators of Michigan’s Video Rental Privacy Act (the “VRPA”) cannot seek shelter under the United States Supreme Court’s Spokeo, Inc. v. Robins ruling.  The Court also ruled that certain customers are still entitled to recover substantial statutory damages for VRPA violations, despite legislative amendments […]

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$7.5 Million Reason to Call a Telemarketing Lawyer

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March 16, 2017 This Monday, the Federal Trade Commission (the “FTC” or “Commission”) announced that a slew of Arizona State companies and their owners have agreed to pay $25 million to settle a lawsuit filed in connection with the defendants’ telemarketing practices, reinforcing the importance of consulting an attorney experienced in telemarketing law before launching any

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Texas Lawmaker Introduces Fantasy Sports Bill; Fantasy Sports Lawyers Scrutinize the Details

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March 15, 2017 A State Senator in Texas recently introduced a new bill that would legalize fantasy sports contests and implement regulations governing their operation.  Fantasy sports lawyers understand that stakes for this bill are high as the statehouse meets only every two years, meaning that any unsuccessful efforts at passage would result in legalization

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TCPA Lawyers Take Note: New Proposed Caller ID Rules

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March 14, 2017 The Federal Communications Commission (“FCC”) recently issued a Notice of Proposed Rulemaking and Notice of Inquiry involving the Telephone Consumer Protection Act (“TCPA”). The proposed rules would institute new caller ID processes aimed at facilitating the blocking of fraudulent robocalls.  In essence, the FCC’s proposed rules seek to make “spoofing” more difficult

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Have You Been Sued By XMission?

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March 13, 2017 We are witnessing a spike in both federal and state unsolicited commercial email lawsuits across the country.  In particular, many suits have been filed in the Utah federal district courts by XMission, L.C. (“XMission”), a Utah-based Internet Service Provider, against advertisers, email marketers, and their respective affiliates, for alleged violations of the

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Webster Hall Brand Name Dispute, and the Importance of a Trademark Lawyer

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March 10, 2017 This Tuesday, Webster Hall Entertainment Corp. (“Webster Hall Entertainment”), owner of the well-known Webster Hall nightclub and concert venue in New York City, sued its landlord of 25 years in connection with the parties’ ongoing trademark dispute, reinforcing the importance of consulting an experienced trademark lawyer when registering, selling or enforcing a

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E-Cig Marketers Take Notice: Proposed New Jersey Flavored E-Liquid Law Advances

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March 9, 2017 Last week, the New Jersey State Assembly Health and Senior Services Committee (“Committee”) reported favorably on a proposed e-cig law that would prohibit the promotion, sale and distribution of vaping products with “characterizing flavors.”  This is a significant development for e-cig marketers, as it may signal similar action to come in other

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Medical Supply Company Hires TCPA Attorney to Handle Class Action Suit

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March 3, 2017 On Monday, a class action lawsuit was filed in the United States District Court for the Northern District of Illinois, alleging that a Brooklyn-based wholesale medical supply company violated the Telephone Consumer Protection Act (“TCPA”).  The complaint, drafted by plaintiff’s TCPA attorneys, alleges that Adelphia Supply USA, Inc. of Brooklyn (“Adelphia”), sent

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