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.

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Ninth Circuit Judge Questions Continued Viability of Internet Wiretapping Claims

Blog, Data & Privacy Law, Internet Law, Telemarketing Law /

Readers of this blog may recall a piece in which we discussed an unfavorable Ninth Circuit California Invasion of Privacy Act (“CIPA”) internet wiretapping decision. Interestingly, the Ninth Circuit recently weighed in again on similar internet wiretapping claims, and this time, it reached a very different outcome. Below, we discuss the decision’s impact and its […]

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TCPA Quiet Hours Telemarketing and Consent

Blog, Telemarketing Law /

Does prior express written consent permit calls/texts to consumers during the Federal Communications Commission’s (“FCC”) proscribed quiet hours? As our readers know, the FCC is now considering this very issue insofar as it relates to the Telephone Consumer Protection Act (“TCPA”). In the wake of the United States Supreme Court’s decision in Loper Bright, which

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TCPA Compliance is Essential! Give Your Practices and Procedures a Facelift

Blog, Internet Law, Telemarketing Law /

On June 23, 2025, Nip & Tuck Plastic Surgery, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). DNC compliance means that, in general, companies cannot place telemarketing calls to consumers who have registered their telephone numbers on

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Unfavorable Ninth Circuit Pixel Tracking Decision

Blog, Data & Privacy Law, Internet Law, Online Marketing & Advertising Law /

Readers of this blog are aware of the barrage of California Invasion of Privacy (“CIPA”) claims brought against online companies. Recently, an unfavorable decision from the Ninth Circuit Court of Appeals (“Ninth Circuit”) reversed the lower court’s dismissal of CIPA wiretapping claims. Below, we discuss the decision and its implications for future pixel tracking claims.

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Let’s Be Real: AI TCPA Lawsuits Are on the Rise

Blog, Telemarketing Law /

Recently, an Artificial Intelligence (“AI”) Telephone Consumer Protection Act (“TCPA”) lawsuit was filed against a healthcare marketer in the United States District Court for the Northern District of Illinois. In Finley v. Altrua Ministries, Plaintiff claims that Altrua Ministries (“Defendant”) delivered at least five prerecorded messages that utilized AI-generative voice to his cellular phone. Because

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AI Privacy

Blog, Data & Privacy Law /

With the use of artificial intelligence (“AI”) becoming more pervasive every day, it should not surprise our readers that regulators are increasingly focused on the use of AI and its associated consumer data privacy implications. For example, recently announced regulations expanding on the requirements of the New Jersey Data Privacy Act (the “NJDPA”) attempt to

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Stock Advisory Hit With DNC Registry Lawsuit

Blog, Telemarketing Law /

On June 9, 2025, Tradercodes, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). The National DNC registry was enacted by the federal government under the authority granted to it by the Telephone Consumer Protection Act (“TCPA”). The

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