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.

Court Dismisses $600 Million Spam Lawsuit Against Kraft Foods

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February 6, 2015 This week, the U.S. Court of Appeals for the Fourth Circuit affirmed a judgment from the United States District Court for the District of Maryland dismissing a $600 million spam lawsuit brought under California’s and Maryland’s anti-spam statutes by Internet Service Provider, Beyond Systems, Inc. (“Beyond Systems”) against Kraft Foods, Inc. (“Kraft”) […]

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rebate laws

Rebate Laws: 4 Things That Every Marketer Should Know

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For many retailers and manufacturers hoping to boost product sales, consumer rebates can be an effective marketing vehicle.  However, depending on the breadth of a given marketing initiative, state and federal rebate laws, rules and regulations can restrict the manner in which the rebate should be marketed and processed.  As such, before launching a consumer

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Court Affirms FTC’s Restriction on Health and Disease-Related Claims by POM Wonderful

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February 5, 2015 The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a Federal Trade Commission (“FTC”) decision that POM Wonderful, LLC  (“POM”) deceptively advertised its products’ ability to prevent, treat, or reduce the risk of certain diseases.  The FTC had initially ruled that POM’s advertisements for POM Wonderful 100% Pomegranate

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FTC Brings Deceptive Marketing Actions Against Providers of Car Title Loans

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February 3, 2015 The Federal Trade Commission (“FTC”) has initiated what are its first ever actions against car title lenders.  The FTC has alleged that First American Title Lending of Georgia, LLC and Finance Select, Inc. were engaged in deceptive marketing practices in connection with advertisements that touted “zero interest” car title loans. By way of

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Rules of the Game: Marketing Through Sweepstakes

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Rules of the Game: Marketing Through Sweepstakes David O. Klein, Corporate Counsel January 30, 2015 Sweepstakes and promotional contests are excellent ways for businesses to market their respective products and services, particularly when used in combination with Internet and mobile media. Numerous state and federal laws apply to such games—and businesses must understand these laws,

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USCB to Pay $2.7 Million to Settle TCPA Class Action Lawsuit

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January 30, 2015 On January 26, 2015, a judge for the Central District of California entered an order preliminarily approving a $2.7 million settlement to resolve a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against USCB, Inc. (“USCB”).  The Order comes after the Court initially rejected the parties’ first settlement agreement.  Following further briefing

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