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.

Health Insurance Marketer Settles FTC Deceptive Marketing Practices Lawsuit

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July 22, 2016 The Federal Trade Commission (“FTC”) recently prevailed in a deceptive marketing practices investigation involving Partners In Health Care Association (“PIHC”) and its owner.  The judgment obtained by the FTC provides for, among other things, a monetary penalty of nearly $9 million and a prohibition against PIHC and its owner from selling healthcare […]

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Warner Bros. Settles FTC Claims of Paid YouTuber Endorsements

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July 20, 2016 Last week, the Federal Trade Commission (the “FTC” or “Commission”) announced that it has reached a settlement with Warner Bros. Home Entertainment Inc. (“Warner Bros.”) over charges of deceptive advertising in connection with alleged paid YouTuber endorsements for a Warner Bros. video game. Why did the FTC target Warner Bros. paid product endorsements?

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Kylie Jenner’s Cosmetics Company Bouncing Back After “F” BBB Rating

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July 15, 2016 When Kylie Jenner, Inc. – the corporate entity operating Kylie Jenner’s “Kylie Cosmetics” – recently received a rating of “F” from the Better Business Bureau (“BBB”), the reality television personality’s team began taking steps to improve the business’ failing BBB rating. How should businesses respond to BBB complaints?

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FTC Announces Four False “All-Natural” Claim Settlements

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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

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Attorneys General Send Mixed Messages Concerning Fantasy Sports

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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

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Twitter Deemed “Maker” of Text Tweets Under the TCPA

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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

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

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July 7, 2016 Last week, new fantasy sports laws became effective in both Tennessee and Virginia.  Accordingly, as of July 1, any fantasy sports contest operator who has failed to register or otherwise apply for licensure in accordance with the newly operative laws in those states is likely to be operating in violation of each

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Unwanted Phone Calls Cause Concrete Harm Under TCPA

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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

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