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.

AT&T Mobility Enters into $105 Million Settlement with FTC for Alleged Mobile Cramming

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October 10, 2014 Earlier this week, AT&T Mobility, LLC (“AT&T) entered into a Stipulated Order for Permanent Injunction and Monetary Judgment with the Federal Trade Commission (“FTC”) relating to allegations of mobile “cramming,” the unlawful practice of placing unauthorized third-party charges on mobile telephone bills. $105 Million Mobile Cramming Settlement As part of the settlement, […]

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It’s in the Mail: FTC Amends the Mail or Telephone Order Merchandise Rule

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Mail or Telephone Order Merchandise Rule The Federal Trade Commission (“FTC”) recently issued final amendments to the Mail or Telephone Order Merchandise Rule, which will now be known as the “Mail, Internet, or Telephone Order Merchandise Rule.” The FTC Amends the Mail or Telephone Order Merchandise Rule The FTC proposed the instant amendments to the

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Keys to Becoming a Successful Social Media Star

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In an earlier blog post, we addressed some of the legal issues facing social media stars, such as paid endorsement disclosures and trademark infringement.  In addition to legal issues, there are also assorted practical business decisions that social media personalities must address in order to be successful.   One of the most basic skills that every

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AT&T Mobility Enters into $45 Million TCPA Settlement

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On September 30, 2014, AT&T Mobility filed a proposed settlement agreement in a Montana federal court which will likely end a class-action lawsuit brought under the Telephone Consumer Protection Act (“TCPA”).  According to the proposed settlement agreement, AT&T Mobility will pay a whopping $45 million into a settlement fund, which will be used to pay

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International Telecom Providers: Failure to Obtain a Section 214 License May Result in Enormous Forfeitures

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The Federal Communications Commission (“FCC”) recently sent a Notice of Apparent Liability for Forfeiture (the “Notice”) to PTT Phone Cards, Inc. d/b/a Star Pinless (“PTT”), proposing penalties of close to $500,000.00 for, among other things, PTT’s alleged failure to obtain International 214 authority before providing international telecommunications services. The Importance of Obtaining a Section 214

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FTC Targets Deceptive Marketing of Weight-Loss “Shapewear”

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On September 29, 2014, the Federal Trade Commission (“FTC”) announced settlements with two separate marketers of women’s undergarments who claim that use of their products results in weight loss.  Specifically, both Norm Thompson Outfitters, Inc. and Wacoal America, Inc. have entered into settlement agreements with the FTC, requiring the companies to collectively pay some $1.5

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What to Do When Your Facebook Company Page Has Been Suspended

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Social media has become an indispensable marketing tool for almost every business. Facebook has been increasingly embraced by the commercial community and a Facebook “company page” is a ubiquitous advertising medium through which businesses relay information about new products/services and gain new customers.  However, as many business owners are realizing, Facebook “company pages” may be

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All Parties in the Marketing Chain May Be Held Liable for TCPA Violations

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As we previously reported, a merchant may be vicariously liable under the Telephone Consumer Protection Act (“TCPA”) if a plaintiff can demonstrate that the third party telemarketer or text message transmitter had “apparent authority” from the merchant to make the subject call or send the subject text message.  Recently, the United States Court of Appeals

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