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.

Trump’s Campaign Hit with TCPA Lawsuits for Text Message Marketing

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May 3, 2016 Last week, two separate class action complaints were filed in a Chicago federal court against Donald Trump’s official campaign committee: Donald J. Trump for President, Inc. (“Trump for President”).  Both lawsuits claim that Trump for President’s text message marketing practices violated the Telephone Consumer Protection Act (“TCPA”). How does the TCPA create […]

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Amazon’s Liability For In-App Buys Weighs In FTC’s Favor

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April 29, 2016 A federal judge on Tuesday sided with the Federal Trade Commission in finding Amazon liable for charging many customers for unauthorized in-app purchases made by their children, providing a significant boost to the commission’s ability to police data collection and privacy practices that it deems to be unfair. In his ruling, U.S.

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

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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

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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

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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

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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

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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

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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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