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.

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, […]

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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

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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

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FTC Secures Multi-Million Dollar Judgment Against Business Opportunities Marketer

In a settlement order filed on Monday in an Oregon federal court, the Federal Trade Commission (FTC) banned a company from using deceptive marketing practices in connection with offering consumers work-at-home business opportunities.  The company, Smart Tools LLC and its officers, Kristin Hegg and Curtis Dawn, agreed to pay a $7.4 million judgment for violating

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Putative TCPA Class Action Filed Against Tampa Bay Buccaneers

On the heels of a victory in Florida federal court – the dismissal of a putative class action under the Telephone Consumer Protection Act (“TCPA”) – the company that operates the Tampa Bay Buccaneers was sued again for allegedly sending unsolicited “fax blasts” to market tickets to their football games. The class action complaint was

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Major Payday Lender Settles Lawsuit

On November 20, 2013, the newly formed Consumer Financial Protection Bureau (“CFPB”) announced that it had fined payday lender Cash America International (“Cash America”) $5 million and entered into a consent order that compels Cash America pay an additional $14 million in refunds for overcharging customers (including military service members) and robo-signing documents in debt-collection

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Mobile Marketing Company Settles Cramming Allegations for $10+ Million

As part of the increased regulatory focus on the mobile marketing space, the Federal Trade Commission (FTC) brought suit against Wise Media, LLC, and its officers individually, alleging mobile telephone bill “cramming” in violation of the FTC Act and other applicable laws.  For those that are unfamiliar with the term, “cramming” is the act of placing unauthorized charges on

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Alleged Fake Malware Tech Support Defendant Settles with FTC

After over a year of litigation against fourteen businesses and seventeen individuals, the Federal Trade Commission (“FTC”) recently entered into a settlement with one of the individual defendants in an alleged tech support scheme that targeted consumers with fake malware scams. According to the FTC, the alleged scheme involved telemarketers contacting consumers by phone, pretending

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