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.

Illinois’ New Anti-Fantasy Sports Bill and the Need for Fantasy Sports Lawyers

Leave a Comment / Blog, Journal, Online Gambling Law /

December 6, 2016 A bill introduced to the Illinois House of Representatives, designed to criminalize fantasy sports, has been assigned to the Executive Committee for further review and analysis.  The move advances the bill one step closer to passage.  Fantasy sports lawyers, and the operators that they represent, continue to grapple with the challenges presented […]

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Yahoo Awarded Over $1.5 Million in Sweepstakes Promotion Lawsuit

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December 1, 2016 Last week, a Dallas federal court concluded that Yahoo! Inc. (“Yahoo”) should be paid over $913,000 in attorneys’ fees in connection with its March Madness sweepstakes promotion, bringing Yahoo’s total award in the case to more than $1.5 million. How did the sweepstakes promotion take such a turn for the worse?

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Fax Marketing and the TCPA

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November 30, 2016 The Telephone Consumer Protection Act of 1991 (“TCPA”), as amended by the Junk Fax Protection Act of 2005 (“JFPA”), prohibits, among other things, the use of telecopiers to deliver unsolicited commercial advertising material.  Fax advertisements, however, can offer substantial benefits to marketers in terms of cost advantages relative to the potential reach

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FTC Addresses Homeopathic Drug Advertising

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November 23, 2016 The Federal Trade Commission (“FTC”) recently released an enforcement policy statement regarding marketing claims for products in the over-the-counter (“OTC”) homeopathic drug market.  Long permitted to fly under the FTC’s radar based upon a 1988 Food and Drug Administration (“FDA”) compliance policy guideline, OTC homeopathic drug advertising is now officially subject to

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Hooters Loses Spokeo-Based Challenge to TCPA Lawsuit

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November 21, 2016 Hooters of America, LLC (“Hooters”) recently lost a challenge to a federal lawsuit brought in connection with allegations that its text message advertisements violated the Telephone Consumer Protection Act (“TCPA”).  The court rejected Hooters’ argument that the plaintiff lacked standing to bring the TCPA lawsuit, an argument premised on the U.S. Supreme

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Pharmaceutical Companies Face Fax Marketing TCPA Class Action

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November 18, 2016 On November 11, 2016, a putative class action complaint was filed against two related pharmaceutical companies alleging violations of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint alleges that the pharmaceutical companies sent an unsolicited fax advertisement in violation of the TCPA.  The plaintiff has already moved for preliminary class certification. 

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Alpha Gas and Electric Settles TCPA Class Action for $1.1 Million

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November 17, 2016 On November 10, 2016, the United States District Court for the Southern District of New York issued an order preliminarily approving a $1.1 million settlement of a class action brought under the Telephone Consumer Protection Act (“TCPA”).  The TCPA class action was commenced by Stewart Abramson against Alpha Gas and Electric, LLC

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