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.

New York Attorney General To Investigate T-Mobile For Deceptive Marketing Practices

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

December 9, 2015 T-Mobile US, Inc. (“T-Mobile”) currently finds itself in hot water as New York Attorney General Eric Schneiderman’s office opens an investigation into the company’s “Un-Carrier” advertising campaign.   Amid consumer outcry over alleged misleading advertising and deceptive marketing practices, there have also been calls urging the Consumer Financial Protection Bureau to undertake an […]

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Sweepstakes Phone Cards Under Investigation in Alabama

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December 7, 2015 Last Wednesday, CBS network affiliate WKRG in Mobile, Alabama reported that the Mobile County District Attorney’s Office is conducting an ongoing investigation to determine whether certain sweepstakes phone cards violate Alabama State gambling laws. Why is the Attorney General investigating these sweepstakes promotions?

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FCC Could Exempt Certain Internet Faxes from TCPA Regulation

1 Comment / Blog, Internet Law, Journal, Telemarketing Law /

December 4, 2015 Last Tuesday, the Federal Communications Commission (the “FCC” or “Commission”) announced that it is seeking public comment on whether Internet faxes that are both sent and received digitally should be governed by the Telephone Consumer Protection Act (the “TCPA”) or the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

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KMT’s David Klein and Neil Asnen Discuss LinkedIn Class Action Suit with E-Commerce Law Reports

Leave a Comment / Blog, Data & Privacy Law, Online Marketing & Advertising Law, Publications /

By: David O. Klein and Neil E. Asnen December, 2015 Social media giant LinkedIn Corporation (‘LinkedIn’) recently agreed to settle class action allegations that it violated several federal and state laws by harvesting email addresses from the external contact lists of LinkedIn members, and by sending repeated invitations to join LinkedIn to those addresses. Under

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KMT’s David Klein Weighs in with Bloomberg on Future of Daily Fantasy Sports in New York

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FanDuel, DraftKings Play for Keeps in N.Y. Courtroom November 24, 2015 A one-hour Nov. 25 hearing in a New York courtroom may determine the future of the multi-billion dollar online fantasy sports industry (People v. FanDuel Inc., N.Y. Sup. Ct., No. 453056/2015, motion for preliminary injunction, 11/23/15 People v. DraftKings Inc., N.Y. Sup. Ct., No.

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Bloomberg Features Daily Fantasy Sports Article by KMT Attorneys

Leave a Comment / Blog, Online Gambling Law, Publications, Trademark & Copyright Law /

Fantasy Sports: Navigating the Regulatory Groundswell November 25, 2015 By David O. Klein, Neil E. Asnen and Joshua R. Wueller Anyone who has turned on a television or radio, visited a professional sports venue or surfed the Web in recent months will undoubtedly be familiar with the meteoric rise – and tremendous marketing efforts –

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Yahoo Prevails in Sweepstakes Fulfillment Contract Dispute

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December 2, 2015 Earlier this year, we reported on developments in a lawsuit filed by prize promotion and risk management company SCA Promotions, Inc. (“SCA”) against Yahoo! Inc. (“Yahoo”) in connection with a botched billion-dollar March Madness sweepstakes fulfillment contract. On November 18, 2015, the U.S. District Court for the Northern District of Texas granted

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Planet Fitness Settles with NYAG over Tanning Marketing

1 Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

December 1, 2015 On November 24, 2015, the Attorney General for the State of New York announced a settlement with Planet Fitness Holdings, LLC and its subsidiaries, Pla-Fit Franchise, LLC (together “Planet Fitness”) concerning Planet Fitness’s marketing of its tanning services. Among other things, Planet Fitness agreed to stop making health-related claims in promoting its

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