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.

Bloomberg Features Daily Fantasy Sports Article by KMT Attorneys

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

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

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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FTC Amends TSR Do-Not-Call Regulations

November 30, 2015 This month, the Federal Trade Commission (the “FTC” or “Commission”) made several revisions to the Do-Not-Call regulations contained in its Telemarketing Sales Rule (“TSR”), as well as additional amendments to its business-to-businesses exemption and oral verification recording requirements. How do these changes affect telemarketers?

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The Time to Call a TCPA Lawyer is Now: Tips for Winning or, Better Yet, Avoiding TCPA Lawsuits

November 24, 2015 The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded over the past few years. Unfortunately, many marketing companies and advertisers wait until they are named in a complaint or receive a subpoena before working with a TCPA lawyer, under the mistaken belief that their marketing practices seem lawful,

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Microsoft Wins Dismissal of TCPA Class Action Due to Consent

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?

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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