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.

A Sweepstakes Lawyer Can Help Keep Promotion Sponsors out of Hot Water

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September 26, 2016 Last Thursday, the Federal Trade Commission (the “FTC” or “Commission”) sued several individuals and businesses in a Los Angeles federal court for engaging in allegedly deceptive sweepstakes sponsorship and marketing practices, reinforcing the importance of consulting an experienced sweepstakes lawyer when formulating and/or sponsoring a promotional contest or sweepstakes. How can a […]

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Supplement Marketer Settles FTC’s Negative Option-Related Lawsuit

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September 23, 2016 Nutritional supplement marketer, NutraClick, has entered into a settlement with the Federal Trade Commission (“FTC”), ending a lawsuit that the agency initiated for alleged violations of the Federal Trade Commission Act and the Restore Online Shoppers’ Confidence Act.   The FTC had brought the lawsuit in connection with allegations that NutraClick charged customers

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FTC Cracking Down on Influencer Marketers and Their Clients

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September 22, 2016 In recent months, the media has been reporting on increased regulatory activity involving the Federal Trade Commission (the “FTC” or “Commission”) and the sellers that hire non-compliant influencer marketers. What can influencer marketers, their seller clients and social media influencers do to protect themselves?

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Michigan to Legalize Fantasy Sports?

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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

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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

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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

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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

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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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