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.

Putative TCPA Class Action Lawsuit Dismissed for Lack of Jurisdiction

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In a victory for alleged text message spammers, on August 5, 2013, a Florida Federal Court dismissed a TCPA class action complaint against a marketing company on jurisdictional grounds.  On August 2, 2012, General Electric Capital Corporation (“GE”) was sued in California Federal Court for allegedly violating the Telephone Consumer Protection Act (“TCPA”).  Zoom Tan, […]

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Putative TCPA Class Action Lawsuit Against GE Sent to Arbitration

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On August 2, 2012, General Electric Capital Corporation (“GE”) was sued in California Federal Court for allegedly violating the Telephone Consumer Protection Act (“TCPA”).  Exactly one year later, on August 2, 2013, the court stayed the action and directed the plaintiff to participate in arbitration to resolve her individual TCPA claims against GE. Background of

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New Mobile App Guidance Released for the Collection, Use and Sharing of Consumer Information

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On the heels of recent developments affecting how mobile applications (Apps) collect, use and share consumers’ personally identifiable information (PII), the Digital Advertising Alliance (DAA) has released new guidance for the industry.  The self-regulatory principles found within the DAA’s guidance apply consistently across marketing channels and extend to App developers and owners, ad networks, App

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sweepstakes bonding registration requirements

Sweepstakes: Registration and Bonding Requirements

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Promotional contests and sweepstakes are an increasingly popular marketing tool – and for good reason.  They provide a cost-effective way to generate publicity and notoriety for a brand or product line.  However, when designing a sweepstakes it is important to be mindful of the total prize amount, because prizes above certain cash (or cash equivalent)

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Another FTC Lawsuit Brought Against Marketers

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Over the past several months, the Federal Trade Commission (FTC) has been aggressively pursuing individuals and entities that it believes violated the FTC Act and the Amended Telemarketing Sales Rule (ATSR).  On Tuesday, the FTC filed a complaint in the U.S. District Court for the Northern District of Illinois against 9 defendants: Acquinity Interactive, LLC;

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Nevada Internet Poker Website Wins Final Approval

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Internet Poker Website Wins Approval in Nevada For the first time in the history of Nevada’s legalized Internet poker regime, a website won final approval from the Nevada Gaming Commission to continue its operations.  The website, Ultimate Poker, was launched by Ultimate Gaming for the mandatory testing phase on April 30, 2013, and the positive

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New Jersey Enters into Million Dollar Settlement with New York Internet Advertising Company Over Unauthorized Use of Cookies

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On July 23, 2013, New York digital media company, PulsePoint, Inc. (“PulsePoint”), and the New Jersey Attorney General entered into a Consent Order following an investigation by the NJ Office of Consumer Protection into whether PulsePoint violated its Consumer Fraud Act in connection with its use of cookies and online advertisement services provided to New

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FTC Bans Prominent Marketer of Business Opportunities

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The Federal Trade Commission (FTC) has banned work-at-home marketer Christopher Andrew Sterling from marketing and selling his prominent business opportunity software, which promised consumers the prospect of staying at home, making their own schedule and making thousands of dollars in income.  In addition to the bar on Sterling’s future activities, a $70,000 judgment was imposed

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