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.

TCPA vicarious tcpa law woman holding cellphone telemarketing laws

TCPA Vicarious Liability

An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company (“State Farm”) may be vicariously liable for alleged Telephone Consumer Protection Act (“TCPA”) violations. In Nater v. State Farm Mutual Insurance Co., Plaintiff alleged that he received an unsolicited call from a third-party agency inquiring as to Plaintiff’s interest in […]

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Revised Georgia Telemarketing Law Takes Effect on July 1, 2024

On May 6, 2024, Georgia Governor Brian Kemp signed Senate Bill 73 (“SB 73”) into law. SB 73 amends Title 46 of the Official Code of Georgia (“OCGA”), Georgia’s telemarketing law, with the goal of curbing the proliferation of unsolicited telemarketing calls to State residents. Among other revisions, SB 73 amended Georgia’s telemarketing law to:

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Beware of Pennsylvania Wiretap Laws! 

If your business operates a website, it is imperative that you comply with the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Readers of our blog are now aware of the growing influx of class action lawsuits filed against online companies, which allege that use of third-party website tracking software violates California’s wiretapping law. Our readers

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Insurance Company Hit with Do Not Call Class Action Lawsuit 

On May 6, 2024, Tarkenton Senior Solutions, LLC. (“Tarkenton”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call provisions of the Telephone Consumer Protection Act (“TCPA”). The National Do Not Call registry was enacted by the federal government under the authority granted to it by the Telephone Consumer Protection

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FCC Fines Major Wireless Carriers for Data Privacy Violations

On April 29, 2024, the Federal Communications Commission (“FCC”) announced that it had fined the nation’s largest wireless carriers a total of $196 million for violating consumer data privacy rights. AT&T, Sprint, T-Mobile and Verizon are accused of: 1) illegally sharing access to customers’ location information without consent; and 2) failing to take reasonable measures

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ADA Compliance and Retail Websites

For several years, consumers have flooded the Western District of Pennsylvania (“WDPA”) with Americans with Disabilities Act (“ADA”) compliance lawsuits, alleging that companies are violating the ADA because their websites are inaccessible to the visually or hearing impaired. It is well-settled in the Third Circuit, of which the WDPA is a part, that a “place

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Carefully Examine those TCPA Complaints!

Last month, in Woodard v. Health Insurance Alliance (“HIA”), a judge for the United States District Court for the Eastern District of Illinois issued a useful decision for defendants, dismissing Plaintiff’s Telephone Consumer Protection Act (“TCPA”) complaint for failure to state a claim. Plaintiff sued HIA for allegedly calling her twice without consent. In her

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CIPA california dataprivacy privacylaw CIPA Pen Register

Contradictory CIPA Pen Register Decisions Create Uncertainty 

Readers of our blog are well aware of the rash of recent lawsuits alleging that a company’s use of tracking software on its website constitutes a “pen register,” as defined under the California Invasion of Privacy Act (“CIPA”). Emboldened by a federal court decision denying a company’s motion to dismiss, the Plaintiffs’ Bar is targeting

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