David Klein Internet Law Attorney

FTC Issues Report and Guidelines for Mobile Shopping App Developers and Consumers

The Federal Trade Commission (“FTC”) recently issued a report on mobile shopping apps, which follows a case study of many different shopping-related apps that are currently available to consumers. The report provides recommendations to the companies that provide such apps and to the consumers that use them, with a focus on the privacy and security […]

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Capital One Settles Record Shattering TCPA Lawsuits for $75M

27 Comments / Blog, Journal, Telemarketing Law / David Klein

Capital One Financial Corp. (“Capital One”), Capital Management Services, L.P. (“CMS”), AllianceOne Receivables Management Inc. (“AllianceOne”) and Leading Edge Recovery Solutions, LLC (“Leading Edge”) (collectively the “Defendants”) have agreed to pay one of the largest Telephone Consumer Protection Act (“TCPA”) settlement amounts in history. According to the settlement agreement, the Defendants have agreed to pay

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Daily Fantasy Sports Games: MLB Steps Up to the Plate

Leave a Comment / Journal / David Klein

Early Innings for Fantasy Sports The legality of fantasy sports contests that require an entry fee, and that pay out cash prizes, vary state by state, and can be considered illegal gambling under certain circumstances and in certain jurisdictions. Notwithstanding the foregoing, there is an exemption under federal law (the 2006 Unlawful Internet Gambling Enforcement

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Can Hooters Nip the Latest TCPA Lawsuit in the Bud?

Leave a Comment / Journal / David Klein

Hooters of America, LLC (“Hooters”), the well-known sports bar franchise, was recently sued in the United States District Court for the Central District of California for allegedly sending unsolicited commercial text messages in violation of the Telephone Consumer Protection Act (the “TCPA”). Details of Hooters TCPA Class Action Lawsuit The class action complaint alleges that

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FTC Issues Recommendations to Thwart Mobile Cramming

Leave a Comment / Journal / David Klein

The Federal Trade Commission (“FTC”) recently issued a report to address mobile “cramming,” the unlawful practice of placing unauthorized third-party charges on mobile telephone bills. Background of Mobile Cramming As technology has developed and the use of mobile telephones is rampant, consumers are now able to pay for goods and services using their mobile phones.

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FTC Enforces Restraining Order against Cramming Defendants

Leave a Comment / Blog, Data & Privacy Law, Journal / David Klein

As part of the increased regulatory focus on the mobile marketing space, the U.S. District Court for the Central District of California issued a temporary restraining order against six (6) companies and their respective principals, effectively halting an alleged mobile phone cramming scheme. “Cramming” is the act of placing unauthorized charges on a consumer’s telephone bill. In

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Ticket Resellers Settle Major Deceptive Advertising Lawsuit with the FTC and Connecticut AG

Leave a Comment / Journal / David Klein

Last week, event ticket resale website TicketNetwork, Inc. and two of its marketing partners, Ryadd, Inc. and SecureBoxOffice, LLC (collectively the “Defendants”), settled a lawsuit brought against them by the Federal Trade Commission (“FTC”) and the Connecticut Attorney General’s Office. Among other things, the Defendants have agreed to pay $1.4 million into a Connecticut fund dedicated

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FTC Obtains Multi-Million Dollar Judgments Against Alleged Fake Malware Tech Support Companies and Their Owners

Leave a Comment / Journal / David Klein

The United States District Court for the Southern District of New York recently issued default judgments in six separate actions in favor of the Federal Trade Commission (“FTC”) against fourteen corporate defendants and fourteen individual defendants that allegedly operated tech support scams out of India. The judgments follow extensive litigation and earlier settlements with other

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