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.

False Advertising Class Action Filed Against Fantasy Sports Site FanDuel

Leave a Comment / Journal /

December 1, 2014 On November 20, 2014, a class action complaint was filed in the United States District Court for the Southern District of Florida against FanDuel, Inc. (“FanDuel”) alleging false advertising.  The claim concerns FanDuel’s advertised “free” “dollar for dollar” fantasy sports bonus promotion.  The advertised bonus promises that FanDuel will match up to […]

False Advertising Class Action Filed Against Fantasy Sports Site FanDuel Read More »

Tweet to Win: Marketing Through Sweepstakes Promotions on Twitter

Leave a Comment / Journal /

November 26, 2014 A frequent topic of our blog posts has been the benefits associated with the use of promotional contests and sweepstakes as exciting vehicles for marketing your business.  Promotional contests and sweepstakes often appear on social media platforms, which provide companies with a free and effective means to increase the number of consumers

Tweet to Win: Marketing Through Sweepstakes Promotions on Twitter Read More »

How To Protect Your Company, and Yourself, When a State Attorney General Contacts You Concerning Your Marketing Practices

Leave a Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

November 25, 2014 Who Is The Attorney General Watching? Due to rapidly developing technologies and constantly evolving marketing practices, businesses working in the Internet marketing space are frequently the subject of Attorney General inquiries and lawsuits.  This is true whether your business provides marketing services or utilizes third party marketers to sell your products or

How To Protect Your Company, and Yourself, When a State Attorney General Contacts You Concerning Your Marketing Practices Read More »

Crunch TCPA Class Action Lawsuit May Rebound

Leave a Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

November 24, 2014 Last month, the United States District Court for the Southern District of California dismissed a putative class action filed against Crunch San Diego, LLC (“Crunch”) under the Telephone Consumer Protection Act (“TCPA”), ruling that Crunch did not use an autodialer to send promotional text messages.  On Wednesday, the named plaintiff filed a

Crunch TCPA Class Action Lawsuit May Rebound Read More »

The Impact of the O’Bannon Ruling on the Collegiate Athletics Commercial Market and Fantasy Sports

Leave a Comment / Publications /

October 2014 On August 8th, 2014, California Federal District Court Judge Claudia Wilken handed down her decision in Ed O’Bannon’s antitrust case against the National Collegiate Athletic Association (“NCAA”).  Mr. O’Bannon is a former UCLA men’s basketball star and NCAA National Championship Most Valuable Player that played two seasons in the NBA before finishing his

The Impact of the O’Bannon Ruling on the Collegiate Athletics Commercial Market and Fantasy Sports Read More »

FTC Secures $22 Million Settlement for Alleged ROSCA Violations

Leave a Comment / Journal /

November 21, 2014 Earlier this week, the Federal Trade Commission (“FTC”) announced that three companies agreed to pay more than $22 million in consumer refunds for allegedly violating the Restore Online Shoppers’ Confidence Act (“ROSCA”). The ROSCA settlement is one of the largest in FTC history. ROSCA  Generally ROSCA was enacted in January 2011 to

FTC Secures $22 Million Settlement for Alleged ROSCA Violations Read More »

The NBA Gets an Assist on Daily Fantasy Sports Games

Leave a Comment / Journal /

November 20, 2014 Daily Fantasy Sports Games: The NBA Tips Off Just last week, the National Hockey League (NHL) announced that it was joining Major League Baseball (MLB) in striking up a partnership with the daily fantasy sports industry’s second largest site, DraftKings, to offer an officially sponsored NHL daily fantasy sports contest.  Fresh on

The NBA Gets an Assist on Daily Fantasy Sports Games Read More »

Junk Fax TCPA Class Action Settles for $40 Million

Leave a Comment / Journal /

November 20, 2014 In June of 2011, a class action lawsuit was filed against Interline Brands Inc. (“Interline”) alleging that the company failed to comply with the mandates of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint claimed that Interline sent fax advertisements to consumers without: 1) obtaining their proper express written consent; or

Junk Fax TCPA Class Action Settles for $40 Million Read More »