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.

FCC Declares Overly-Broad Absolute Liability for Unsolicited Faxes under the TCPA?

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In response to an invitation from the United States Court of Appeals for the Eleventh Circuit concerning a question involving the interpretation of the Telephone Consumer Protection Act (“TCPA”), the Federal Communications Commission (“FCC”) filed a letter brief in Court on July 17, 2014, declaring that “under the plain text of [the Code of Federal […]

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Accessing the National Do Not Call Registry: Telemarketer Fees Increase as of October 1, 2014

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The Telemarketing Sales Rule (“TSR”), as amended, prohibits calls to consumers who have placed their phone numbers on the National Do Not Call Registry.  Since January 1, 2005, telemarketers, sellers and service providers, as those terms are defined by the TSR, are required to search the Registry at least once every thirty one (31) days

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The World Health Organization’s Take on E-Cigs and the FDA Regulations

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Amidst the publication of the Federal Drug Administration’s (“FDA”) draft e-cig regulations and  New York City, Chicago and Los Angeles banning the indoor use of e-cigs, the World Health Organization (“WHO”) chimed in this week voicing its approval of the United States’ proposed treatment of e-cigs. New FDA E-Cig Regulations Under the FDA’s proposed e-cig regulations, the FDA

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FTC Approves Health Supplement Deceptive Advertising Settlement

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On August 21, 2014, the Federal Trade Commission (“FTC”) approved a final order (the “Order”) settling false advertising claims against i-Health, Inc. and Martek Biosciences, respectively (collectively the “Marketers”).  Specifically, the FTC alleged that the Marketers made use of unsupported health benefit claims concerning their “BrainStrong Adult” dietary supplement in their product marketing.  Pursuant to

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Federal Court Denies Preliminary Approval of TCPA Class Action Settlement

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While most class action settlements are awarded preliminary approval (as long as they are deemed fair, adequate  and reasonable), a Florida federal court recently rejected a class action settlement as inadequate in an action involving alleged junk faxes sent in violation of the Telephone Consumer Protection Act (“TCPA”). The Class Action: Background In Physicians Healthsource,

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What’s Next for E-Cigs?

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As we have discussed in previous blog posts, the Food and Drug Administration (FDA) released its long-awaited proposed e-cig regulations earlier this year.  Since releasing the draft regulations, the FDA has received over 70,000 formal comments, including a letter submitted by 29 state attorneys general seeking additional marketing regulations.  Now that the comment period has ended, what’s next

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More on TCPA “Autodialers”

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This blog recently discussed a split in the courts over the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”).  (See Courts Split Over Definition of “Autodialer” Under TCPA).   One Massachusetts federal court has further broadened the definition of ATDS under the TCPA.  In Davis v. Diversified Consultants, Inc.,

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