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 Launches University of Phoenix Truth in Advertising Investigation

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July 31, 2015 News broke this week of a Federal Trade Commission (“FTC”) investigation into the University of Phoenix (“UP”). The FTC served a civil investigative demand (“CID”) on UP, in connection with evaluating whether the university has engaged in deceptive marketing tactics. Neither UP nor its parent company, Apollo Education Group, released a statement, […]

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FTC Considers Hashtags in Social Media Sweepstakes and Contests

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July 30, 2015 This May, the Federal Trade Commission (the “FTC” or “Commission”) answered a number of Frequently Asked Questions concerning the FTC’s Endorsement Guides. The Commission’s updated FAQ addresses one such question about hashtags used by sponsors as part of a social media sweepstakes or contest. Which hashtags should marketers avoid?

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Travel Channel Hit with Junk Fax Class Action

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July 28, 2015 On Friday, a class action lawsuit was filed in the United States District Court for the Western District of Wisconsin against the Travel Channel, L.L.C. and its parent companies Scripps Networks, LLC and Scripps Networks Interactive, Inc. (collectively the “Travel Channel”), alleging that the Travel Channel sent unsolicited fax advertisements in violation

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TCPA text messaging

FCC Creates TCPA Exemption for One-Time, On-Demand Text Messages

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On July 10, 2015, the Federal Communications Commission (the “FCC” or “Commission”) released its long-awaited Declaratory Ruling and Order, which was prompted by nearly two dozen petitions and letters requesting clarifications relating to the Telephone Consumer Protection Act (the “TCPA”). In its response to one such petition filed by the Retail Industry Leaders Association (“RILA”),

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U.S. Attorney: Sports Betting is a Game of Skill

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July 24, 2015 For the last two decades, the Professional and Amateur Sports Protection Act (“PASPA”) has made it illegal to wager on sports in the United States, with the exception of a few states that had legalized casino gambling at the time that the law was passed. Historically, sports betting has been recognized as

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Conde Nast Faces Class Action Lawsuit for Sale of Personally Identifiable Information

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July 23, 2015 On Monday, a class action lawsuit was filed in the United States District Court for the Southern District of New York against Advance Magazine Publishers, Inc., d/b/a Conde Nast (“Conde Nast”), alleging that the magazine publisher sells the personally identifiable information (“PII”) of its customers to third-party “data miners” in violation of

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Google Wins Dismissal of Privacy Policy Lawsuit

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July 22, 2015 Last week, a U.S. District Court Judge for the Northern District of California dismissed a lawsuit against Google, Inc. (“Google”) alleging that the technology giant violated the terms of its own privacy policy by disclosing Android device users’ names, e-mail addresses and locations to third parties without the users’ permission. What was

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FCC Exempts Certain App Providers from TCPA Initiator Regulation

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July 21, 2015 On July 10, 2015, the Federal Communications Commission (the “FCC” or “Commission”) released its long-awaited Declaratory Ruling and Order, which was prompted by nearly two dozen petitions and letters requesting clarifications relating to the Telephone Consumer Protection Act (the “TCPA”). While addressing three such petitions from mobile application (“app”) providers YouMail, Inc. (“YouMail”), Glide

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