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.

FTC Bans Companies from Future Telemarketing

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March 4, 2015 The Federal Trade Commission (“FTC”) has settled a complaint that it filed in June 2014 against several companies that, through unscrupulous telemarketing practices, allegedly swindled Spanish-speaking consumers across the country by sending unordered or defective products, including phony weight-loss belts, and subsequently making it difficult, impossible or extremely costly for the consumers […]

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FTC Sues Debt Relief Business for False Advertising

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March 2, 2015 On February 18, 2015, the Federal Trade Commission (“FTC”) filed a complaint against Payday Support Center LLC and related entities (“PSC”), alleging that the debt relief companies have made untrue claims related to the services they offer.  PSC ran advertisements on the Internet, radio, television and in print, promising consumers that its

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World’s Largest PC Manufacturer Sued for Preloading Adware on Computers

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February 26, 2015 Lenovo, Inc. (“Lenovo”) has been named in a federal class action suit in connection with recent revelations that many of the PC manufacturer’s computers have been preloaded with a software program called Superfish Visual Discovery.  This program tracks web searches and browsing activity in order to place additional advertisements on the websites

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$9.5 Million Penalty, Lifetime Ban for Deceptive Sweepstakes Promotion

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February 24, 2015 Earlier this month, the Federal Trade Commission (“FTC” or “Commission”) entered into a settlement agreement with Ms. Crystal Ewing requiring that she pay $9.5 million for the marketing and operation of deceptive sweepstakes promotions.  Additionally, Ewing has agreed to a permanent ban from all direct mail marketing in the future. Not Her

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New York Court Certifies Sirius XM Copyright Case Interlocutory Appeal

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February 23, 2015 After suffering a loss in New York State federal court, Sirius XM Radio, Inc. (“Sirius”) has now been granted the right to appeal to the Second Circuit Court of Appeals a summary judgment ruling issued by the United State District Court for the Southern District of New York in favor of recording

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Defending a TCPA Lawsuit: Do’s and Don’ts

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February 11, 2015 The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has grown significantly in recent years, with several thousand cases filed in 2014.  If your business contacts customers or potential customers via text, telephone or facsimile, or a third party does so on your company’s behalf, you are almost certainly on

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Another Court Weighs in on TCPA Definition of Autodialer

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February 10, 2015 In the case of Glauser v. GroupMe, Inc., the District Court for the Northern District of California recently rendered a decision on motion, the focal issue of which was determining whether GroupMe, Inc.’s (“GroupMe”) group mobile messaging application fit within the Telephone Consumer Protection Act’s (“TCPA”) definition of an autodialer.  By way

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