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.

Tommy Hilfiger TCPA Class Action Lawsuit Focuses on Prior Express Written Consent

April 6, 2015 On April 2, 2015, a class action lawsuit was filed against PVH Corp., d/b/a Tommy Hilfiger (“TH”), alleging that TH violated the Telephone Consumer Protection Act (‘TCPA”) by sending mass commercial text message advertisements to consumer cell phones without obtaining prior express written consent to send such messages. The lawsuit, filed in

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Attorneys General Clamp Down on Orbital’s Deceptive Marketing Campaign

April 2, 2015 This week, attorneys general from across the country filed suit, as part of a coordinated effort against an Oregon company for deceptive magazine and newspaper solicitation practices. The top prosecutors accuse Liberty Publisher Services, Orbital Publishing Group (“Orbital”) and their principals, of overcharging consumers for subscriptions to newspapers, magazines and other periodicals.

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David Klein Weighs In with Bloomberg Business on Player Participation in Daily Fantasy Sports

Daily Fantasy Sports Growth Pushes Leagues to Regulate Players The rapid evolution of fantasy sports from casual season-long recreation to high-stakes daily Internet games has given U.S. professional sports another source of revenue as well as a headache in determining player-participation policies. Over the last year, all four major U.S. sports leagues signed sponsorship deals

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NYAG, GNC Sign Landmark Herbal Supplement Agreement

March 31, 2015 This Monday, New York Attorney General Eric T. Schneiderman called off an investigation involving herbal supplements manufactured, marketed and sold by health and nutrition retailer GNC Corporation (“GNC”). The parties’ groundbreaking agreement requires GNC to implement a series of novel quality control standards for its store-brand herbal supplements. Will GNC’s agreement have

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FTC’s “Operation Ruse Control” Revs Up Against Auto Dealers, Deceptive Advertising

March 30, 2015 The Federal Trade Commission (the “FTC” or “Commission”) and various law enforcement agencies are racing forward with their latest campaign against deceptive advertising, code-named “Operation Ruse Control.” The initiative is a coast-to-coast and cross-border effort by the FTC and state, federal and international law enforcers aimed at deceptive automobile advertisements, adds-ons, financing and

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Guess? Who is Headed Toward Discovery in a TCPA Class Action

March 27, 2015 On March 24, 2015, the United States District Court for the Southern District of California denied Guess?, Inc.’s (“Guess”) motion to dismiss a telephone consumer protection act (“TCPA”) class action pending against it.  Guess argued that the plaintiff’s complaint failed to demonstrate that Guess had used an automatic telephone dialing system (“ATDS”)

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FTC Drops the Hammer on Jerk.com for Deceptive Trade Practices

March 26, 2015 This week, the Federal Trade Commission (“FTC”) issued an order against Jerk, LLC and Napster co-founder John Fanning, respectively, for deceptive trade practices in connection with the operation of Jerk.com, a social media site that invited users to create profiles of other individuals and rate those individuals as a “jerk” or “not

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