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.

Bank of America Sued in Putative Class Action Lawsuit for Alleged TCPA Violations

Leave a Comment / Blog, Data & Privacy Law, Journal, Telemarketing Law /

On June 20, 2013, Bank of America (“BOA”) was sued for allegedly violating the Telephone Consumer Protection Act (“TCPA”) and the Florida Consumer Collection Practices Act (“FCCPA”). Factual Allegations According to the Class Action Complaint, the background of this action is premised on a separate action between the parties.  The plaintiff, Marc Katz (“Katz”), had […]

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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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Is Information such as WHO you called on your mobile telephone, WHEN You Spoke and WHERE You Were When you Had the Call . . . PRIVATE? The FCC’s Recent CPNI Ruling Seeks to Ensure That It Is.

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Mobile telephones seemingly can store everything nowadays.  Consumers generally assume that this information is protected – safe from the hands of third party advertisers, service providers, etc. In fact, Section 222 of the Telecommunications Act of 1934, as amended (the “Act”), establishes a duty on every telecommunications carrier to “protect the confidentiality of proprietary information

Is Information such as WHO you called on your mobile telephone, WHEN You Spoke and WHERE You Were When you Had the Call . . . PRIVATE? The FCC’s Recent CPNI Ruling Seeks to Ensure That It Is. Read More »

Will the New TCPA Amendments Apply Only to Cell Phones?

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

Readers of this blog should be aware that the Federal Communications Commission (“FCC”) has approved amendments to the Telephone Consumer Protection Act (“TCPA”), which will go into effect on October 16, 2013.  The TCPA amendments require telemarketers to obtain prior express written consent from consumers before placing or sending autodialed and/or pre-recorded marketing calls/texts to

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Debt Collection Agency Hit with $3.2 Million Penalty

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The Federal Trade Commission (“FTC”) announced yesterday that the debt collection agency Expert Global Solutions, Inc. and its subsidiaries (collectively, “EGSI”) will pay $3.2 million to settle an action commenced by the FTC only two days ago.  The FTC reports that the settlement is the largest it has ever obtained. The FTC’s Complaint On July

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