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.

Making TCPA Debt Collection Calls or Texts? Think Twice

Many of our readers are generally aware of the restrictions placed on telemarketing calls by the Telephone Consumer Protection Act (“TCPA”).  Specifically, the TCPA prohibits marketing phone calls and texts that are made using automated dialing equipment or that contain artificial voices and/or pre-recorded messages.  Some readers may also be aware of the fact that […]

Making TCPA Debt Collection Calls or Texts? Think Twice Read More »

Beware: TCPA Compliant Telemarketers May Still Face Liability for Robocalls

A recent decision by the United States Court of Appeals for the Seventh Circuit will likely have an impact on the entire telemarketing industry.  The Court of Appeals reversed the ruling of an Indiana federal court relating to the potential liability of a company making non-commercial autodialed calls that complied with the Telephone Consumer Protection

Beware: TCPA Compliant Telemarketers May Still Face Liability for Robocalls Read More »

Consumers Could Recover Damages under the TCPA, Even If Valid Consent Is Obtained

Last month, a federal court in Seattle confirmed that consumers may sue for damages under the Telephone Consumer Protection Act (“TCPA”) even if they consented to receiving autodialed and/or pre-recorded telephone calls on their mobile phones.  Despite the fact that the TCPA is silent as to whether a consumer may revoke his/her consent under the

Consumers Could Recover Damages under the TCPA, Even If Valid Consent Is Obtained Read More »

payday lending

New York Expands Payday Lending Industry Investigation to Focus on Marketers

As we previously blogged and in light of of recent regulatory action by the Federal Deposit Insurance Corporation (FDIC) regarding short term loans (also referred to as “payday loans” and “cash advances”), New York Governor Andrew Cuomo has increased enforcement efforts against payday lenders and recently widened the net of potential defendants to include marketers of payday

New York Expands Payday Lending Industry Investigation to Focus on Marketers Read More »

List of Payday Marketers Subpoenaed

Below is a list of the 16 lead generation companies to which subpoenas were issued. The subpoenas are demanding a wide range of materials as part of Governor Cuomo’s ongoing investigation, including marketing materials, contracts for sales of consumer information and privacy policies. Allied Cash Advance Bahamas Marketing Group, Inc. Blue Global, LLC d/b/a 100DayLoans,

List of Payday Marketers Subpoenaed Read More »

Faxes May Violate TCPA Even When Requested by Consumers

Until recently, we focused our Telephone Consumer Protection Act (“TCPA”) discussions on telemarketing phone calls and text messages.  However, it is important to remember that under the TCPA, the Federal Communications Commission (“FCC”) is also empowered to regulate marketing material sent via telecopier.  In fact, last week a consumer class action lawsuit was filed in a

Faxes May Violate TCPA Even When Requested by Consumers Read More »

TCPA Class Action Certified Against Retailer that Sent Text Messages to VIP Customers

In an Illinois federal action that has been heavily litigated for over a year and has gone through several named plaintiffs, a magistrate judge recently recommended that the putative class be certified against a popular Chicago retailer, Akira, which was charged with violating the Telephone Consumer Protection Act (“TCPA”) for using an automated telephone dialing

TCPA Class Action Certified Against Retailer that Sent Text Messages to VIP Customers Read More »