David Klein Internet Law Attorney

FTC Announces Four False “All-Natural” Claim Settlements

Leave a Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

July 14, 2016 On Wednesday, the Federal Trade Commission (“FTC”) announced its settlement with four separate companies, each alleged to have falsely advertised its respective products as “all-natural.” The products, including sunscreen, shampoo, and body lotion, are all alleged to have contained some synthetic ingredients despite the companies’ claims that such products are “all-natural.” What […]

FTC Announces Four False “All-Natural” Claim Settlements Read More »

Attorneys General Send Mixed Messages Concerning Fantasy Sports

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

July 13, 2016 Within the last week, attorneys general in West Virginia and Delaware made headlines for actions they have taken concerning fantasy sports. West Virginia’s Attorney General released an opinion which concluded that properly structured fantasy sports contests do not violate State law. The opinion was issued in response to a request from a

Attorneys General Send Mixed Messages Concerning Fantasy Sports Read More »

Twitter Deemed “Maker” of Text Tweets Under the TCPA

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

July 11, 2016 In a surprisingly whimsical decision that paid homage to a retiring magistrate judge and poked fun at Ayesha Curry, the United States District Court for the Northern District of California held that Twitter, Inc. (“Twitter”) is the “maker” of unwanted text messages containing tweets within the meaning of the Telephone Consumer Protection

Twitter Deemed “Maker” of Text Tweets Under the TCPA Read More »

As of July 1, 2016, Fantasy Sports Regulatory Regimes Take Hold Nationwide

Unwanted Phone Calls Cause Concrete Harm Under TCPA

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

July 7, 2016 On June 30, 2016, the United States District Court for the Northern District of West Virginia issued an order in a putative class action brought under the Telephone Consumer Protection Act (“TCPA”), denying a motion to dismiss filed by Got Warranty, Inc. and its principal, as well as co-defendants N.C.W.C., Inc. and

Unwanted Phone Calls Cause Concrete Harm Under TCPA Read More »

NYC Learning Center Settles NYAG Deceptive Advertising Investigation

Leave a Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

July 5, 2016 This week, the office for New York Attorney General Eric Schneiderman (the “AG”) announced a settlement with test prep company Xpeed Learning Academy (“Xpeed”) in connection with its investigation into claims of deceptive advertising. As part of the settlement, Xpeed will refund consumers $60,000, cease its deceptive advertising, and make changes to

NYC Learning Center Settles NYAG Deceptive Advertising Investigation Read More »

TCPA Class Certification Sought in Junk Fax Action

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

July 1, 2016 Plaintiffs in the junk fax class action pending against Sanofi Pasteur, Inc. and Vaxserve, Inc. (collectively, “Defendants”) filed a motion seeking class certification on Tuesday. The class action concerns over 11 million fax advertisements sent on behalf of Defendants to individuals and companies advertising Defendants’ pharmaceutical products. The motion follows at least

TCPA Class Certification Sought in Junk Fax Action Read More »