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.

Toyota/Sirius Sued for Violations of the TCPA

January 16, 2015 On January 8, 2015, a class action lawsuit was filed in the United States District Court for the Southern District of California, alleging that Sirius XM Holdings, Inc. (“Sirius”) had placed numerous unsolicited telemarketing calls to the plaintiff’s cellular telephone using an automatic telephone dialing system in violation of the Telephone Consumer […]

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Fantasy Sports and Sports Gambling: Indiana Lawmaker Pushes for Legalization

January 15, 2015 Indiana State Representative Alan Morrison (R-Terre Haute) has introduced two bills that address emerging trends in sports gaming, namely: sports betting and fantasy sports. A Two State Tease? The first bill would legalize sports betting when the betting activity is confined to the State’s casinos, racinos and licensed off-track betting venues.   This

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The Magic Pill: FTC Settles Deceptive Marketing Action Involving Dietary Supplements Claimed to Treat Children’s Speech Disorders

January 114, 2015 The Federal Trade Commission (“FTC”) recently entered into a settlement with a company and its owner to prevent them from making allegedly deceptive marketing representations to consumers that their dietary supplements effectively treat childhood speech disorders. Deceptive Marketing Action: The Magic Pill? The FTC sued NourishLife, LLC and its owner, Mark Nottoli,

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Sweepstakes Endorsements and Testimonials: What’s Not to Like?

January 8, 2015 I’m John Doe, and I Endorse this Product Sweepstakes sponsors have, for many years, required prospective sweepstakes entrants to take some action to promote the respective sponsor’s brand, products and/or services in order to gain entry into a given sweepstakes.  Such actions may include submitting a positive testimonial, publishing brand names/images on

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CVS Hit with TCPA Class Action Lawsuit

December 24, 2014 On December 19, 2014, a class action lawsuit was filed in the United States District Court for the Middle District of Florida, alleging that CVS Pharmacy, Inc. (“CVS”) has been sending consumers unsolicited text messages in violation of the Telephone Consumer Protection Act (“TCPA”).  The TCPA class action lawsuit seeks an unspecified

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T-Mobile Settles Cramming Action for $90 Million

December 23, 2014 On December 19, 2014, the Federal Trade Commission (“FTC”) issued a press release announcing a settlement with T-Mobile USA, Inc. (“T-Mobile”) concerning alleged practices of illegal cramming.  Among other provisions, the terms of the settlement require that T-Mobile issue full refunds to those of its customers who were charged for third-party services

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Consumer Financial Protection Bureau Targets Sprint for Illegal Cramming

December 22, 2014 On December 17, 2014, the Consumer Financial Protection Bureau (“CFPB”) filed a lawsuit against Sprint Corporation (“Sprint”) alleging that Sprint illegally crammed third-party charges on its customers’ cellular telephone bills.  The lawsuit, filed in the United States District Court for the Southern District of New York, marks the first brought by the

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Litigating Payment Disputes Between Internet Advertisers & Publishers

December 19, 2014 Perhaps the most common form of litigation in the Internet marketing space is the endless stream of lawsuits between Internet advertisers and publishers.  These cases not only damage goodwill between the respective entities, but they can also be quite costly – both in terms of attorney’s fees and opportunity costs when time

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