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.

Michigan to Legalize Fantasy Sports?

September 19, 2016 The Michigan State House of Representatives recently introduced legislation proposing to exempt certain fantasy sports contests from the prohibition against gambling contained in the State’s penal code.  The proposal is the second attempt to legalize fantasy sports contests within the State, after an earlier bill was introduced into the State Senate but […]

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Settlement Reached in NYC Marathon Sweepstakes Lawsuit

September 15, 2016 Last Friday, New York Road Runners, Inc. (“Road Runners”) – organizer and operator of the New York City Marathon (the “Marathon”) – reached an agreement to settle a sweepstakes lawsuit filed in connection with the Marathon’s runner selection process. How can sponsors of sweepstakes, contests and drawings minimize their risk of legal

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For-Profit University Unable to Defeat TCPA Class Action

September 14, 2016 Last week, a ruling that refused to strike class allegations was issued by a judge presiding over a putative class action in the Northern District Court of Illinois concerning alleged violations of the Telephone Consumer Protection Act (“TCPA”).  In the TCPA class action case, a for-profit university, American Intercontinental University, Inc. (“AIU”)

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FTC Robocall Contest Rules Under Fire Again

September 13, 2016 Last August, we reported that the U.S. Court of Federal Claims had dismissed a lawsuit related to the Federal Trade Commission (the “FTC” or “Commission”) sponsorship of a contest promoting robocall-blocking technology, siding with the FTC and its contest rules.  The plaintiff, who appealed the claims court’s decision to the Federal Circuit,

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Complaint Alleges T-Mobile and Subway Violated TCPA

September 12, 2016 On September 6, 2016, a putative class action lawsuit was filed in the United States District Court for the Western District of Washington by two plaintiffs alleging that T-Mobile USA, Inc. (“T-Mobile”) and Subway Sandwich Shops, Inc. (“Subway”) violated the Telephone Consumer Protection Act (“TCPA”) in connection with a mobile marketing campaign. 

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Verizon Hit with TCPA Class Action Lawsuit

September 9, 2016 This week, a putative class action complaint was filed in the federal court for the Central District of California against Verizon Wireless Services, LLC (“Verizon”), alleging various violations of the Telephone Consumer Protection Act (“TCPA”).  The TCPA class action complaint contemplates two separate classes of individuals with alleged grievances against Verizon. What

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Alleged Mortgage Modification and Debt Relief Scammers to Pay FTC $13.5 Million

September 6, 2016 Last week, the Federal Trade Commission (“FTC”) announced that the United States District Court for the Middle District of Florida had granted a summary judgment motion against various businesses, law firms and individuals for FTC Act and the Mortgage Assistance Relief Services Rule violations.  In awarding the FTC summary judgment, the Court

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