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.

Microsoft Wins Dismissal of TCPA Class Action Due to Consent

2 Comments / Blog, Data & Privacy Law, Journal, Telemarketing Law /

November 20, 2015 On November 17, 2015, the United States District Court for the Central District of California dismissed a class action complaint filed against Microsoft Corporation (“Microsoft”) alleging violations of the Telephone Consumer Protection Act (“TCPA”). The Court found that the plaintiff, as well as the proposed class members, knowingly released their contact information […]

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Is a Pre-Purchased SoulCylce Class a Gift Certificate?

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November 18, 2015 Earlier this fall, we reported on a class action lawsuit alleging that indoor cycling fitness company SoulCycle Inc. (“SoulCycle”) violated federal and state law by selling pre-purchased spinning classes with expiration dates ranging from 30 days to one year. Last weekend, in opposition to a motion to dismiss filed by SoulCycle, the lead

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Cirque du Soleil Can’t Escape Junk Fax Class Action

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November 17, 2015 On November 12, 2015, the United States District Court for the Northern District of Illinois denied Cirque du Soleil’s (“Cirque”) motion to dismiss a pending class action brought pursuant to the Telephone Consumer Protection Act’s (“TCPA”) Junk Fax Prevention Act of 2005 (“JFPA”). Cirque argued that the class action, which was commenced

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Massachusetts Gov. Plays Fantasy Sports, Deems Contests Games of Skill

Leave a Comment / Blog, Journal, Online Gambling Law, Online Marketing & Advertising Law /

November 16, 2015 Massachusetts Governor Charlie Baker has definitively come down on the side of fantasy sports. Last week, the Governor announced that to get a sense of what fantasy sports contests are all about, he participated in an online contest and believes the contests to be legal games of skill.   What are the

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PharMerica Seeks Court Approval for TCPA Class Action Settlement

Blog, Journal, Telemarketing Law /

November 13, 2015 Yesterday, the Court in Pines Nursing Home, Inc. v. PharMerica Corporation heard both parties seeking court approval of a TCPA class action settlement agreement. The case involves allegations by Pine Nursing Home, Inc. (“Pine”) that PharMerica Corporation (“PharMerica”) used a telecopier machine, computer or other device to send advertisements to telephone facsimile

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Taylor Swift Settles Promotional Sweepstakes Dispute

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

November 11, 2015 Last week, singer-songwriter Taylor Swift and the American Greetings Corporation (“American Greetings”) settled a legal dispute with Blue Sphere, Inc. d/b/a Lucky 13 (“Blue Sphere”) in connection with the name of their promotional sweepstakes collaboration. Why did Blue Sphere have Bad Blood with Swift and American Greetings’ sweepstakes?

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Is Washington Poised to Reverse Ban on Fantasy Sports?

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

November 10, 2015 Washington, one of five states in the country to currently have an outright prohibition on fantasy sports contests, is reportedly kicking the tires on legalization. The Washington State Gambling Commission (the “WSGC”) is set to discuss the industry at a public meeting scheduled for this week. The WSGC has previously taken the

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Mobile App Provider Slapped with $2 Million Trademark Infringement Lawsuit

Leave a Comment / Journal, Trademark & Copyright Law /

November 9, 2015 Last month, financial startup Ripple Labs, Inc. (“Ripple Labs”) sued social networking app provider Kefi Labs, LLC (“Kefi Labs”) and several of its employees in California federal court for over $2 million dollars in damages, including claims for alleged trademark infringement, unfair competition and cybersquatting. How can other app providers minimize their

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