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.

Consumer Financial Protection Bureau Targets Sprint for Illegal Cramming

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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

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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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Federal Trade Commission Settles False Advertising Claims Against Health Supplement Company

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December 17, 2014 On December 11, 2014, the Federal Trade Commission (“FTC”) announced a settlement with HCG Platinum, LLC and its related health supplement providers (collectively, “HCG”) concerning allegedly false advertising practices.  The settlement is valued at roughly $10 million.  The FTC alleged that HCG made claims concerning products that it sold which were either

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Insurance Company Settles Multi-Million Dollar TCPA Class Action

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  December 16, 2014 The United States District Court for the Southern District of California recently granted preliminary approval of a nationwide class action settlement arising under the Telephone Consumer Protection Act (“TCPA”) in an action against insurance company Kaiser Foundation Health Plan, Inc. a/k/a Kaiser Permanente. Multi-Million Dollar TCPA Class Action Settlement In the

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Sensa to Refund Consumers in FTC Deceptive Marketing Settlement

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December 15, 2014 Deceptive Marketing Claims Associated with Sensa In January of 2014, Sensa Products, LLC, its parent company, Sensa, Inc., and certain of its principals (collectively, “Sensa”), entered into a settlement with the Federal Trade Commission (“FTC”) concerning what the FTC alleged were deceptive marketing practices and improper endorsements associated with Sensa’s food additive

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Sirius XM Radio to Pay $3.8 Million in Settlement of Multi-State Unfair Business Practices Investigation

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December 12, 2014 To end an unfair business practices investigation being conducted by 45 separate state attorneys general, Sirius XM Radio (“Sirius”) will pay a whopping $3.8 million into a settlement pool to be divided among the states.  The attorneys general released various announcements of the deal, including that of the Attorney General of the

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False Advertising Class Action Against Shell Oil Fueled by Federal Court

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December 8, 2014 The United States District Court for the District of Oregon recently denied a motion to dismiss a putative nationwide class action brought against Shell Oil for alleged breach of contract, false advertising and an array of state consumer protection allegations. In the action captioned Kearney v. Equilon Enterprises, LLC d/b/a Shell Oil

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Domino’s Pizza and Mobile Marketer Face TCPA Class Action

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December 5, 2014 On November 30, 2014, a class action complaint was filed in the United States District Court for the Southern District of Florida against Domino’s Pizza, LLC (“Domino’s”) and mobile marketer MoGreet, Inc. (“MoGreet”) alleging violations of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint alleges that Domino’s and MoGreet violated the

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