David Klein Internet Law Attorney

Tennessee’s New Fantasy Sports Regulations Are Most Comprehensive To Date

May 2, 2015 Last week, Tennessee Governor Bill Haslam signed into law a new fantasy sports regulatory framework governing fantasy sports contests and its operators. The breadth of the new law promises to usher in the most comprehensive regulatory regime that the fantasy sports industry has seen to date. What are some key provisions of […]

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FTC Drops the Hammer on Education Lead Generator

Leave a Comment / Journal / David Klein

April 29, 2016 This week, the Federal Trade Commission (“FTC”) announced that it has settled charges against Gigats.com and its owners and operators (“Gigats”), resolving the agency’s first ever enforcement action against an education lead generator. What were the FTC’s charges against the lead generator and what are the terms of the settlement?

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Amazon Sues Website Owners for Paid Online Reviews

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

April 27, 2016 Last year, we reported on a lawsuit filed by Amazon.com, Inc. (“Amazon”) in Washington State against the owners of four websites offering paid online reviews. Last Friday, Amazon filed another such lawsuit against a number of similar Amazon product reviewers. Why should sellers, paid reviewers and review-hosting websites be concerned about online

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Trademark Enforcement May Lower Search Advertising Costs

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

April 19, 2016 A recent MediaPost article exploring the search advertising efforts of the Avery Dennison Corporation (“Avery”) observed a substantial increase in clicks – and corresponding decrease in cost per click (“CPC”) and overall search ad costs – once Avery began enforcing its trademark rights. Are your trademark enforcement practices leaving money on the

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Edible Arrangements Faces TCPA Class Action

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

April 15, 2016 Last week, a putative class action complaint was filed in the United States District Court for the District of Connecticut alleging that Edible Arrangements, LLC (“EA”) sent automated text message advertisements without obtaining the prior express written consent of recipients in violation of the Telephone Consumer Protection Act (“TCPA”). The TCPA class

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Managing The Online Presence of Alarm Companies

Leave a Comment / Journal / David Klein

April 14, 2016 In today’s e-commerce dominated economy, it is critical for alarm companies to not only have a strong Internet presence, but to also ensure that such presence is compliant with applicable state and federal laws, rules and regulations. Additionally, having consumer friendly interfaces, with optimized online registration and/or purchasing flows can help maximize

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Consumers Union Faces Class Action for Selling Personally Identifiable Information

Leave a Comment / Journal / David Klein

April 5, 2016 On April 1, 2016, a class action lawsuit was commenced in the United States District Court for the Southern District of New York, alleging that Consumers Union of United States, Inc., a branch of the popular magazine publisher of Consumer Reports (“Consumer Union”), sold personally identifiable information of Consumer Reports magazine subscribers

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