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.

Summary of the Delaware Online Gaming Regulations

Following the lead of New Jersey and Nevada, Delaware has released a draft of its online gaming regulations.  The Delaware online gaming regulations will be enforced by the Delaware State Lottery Office and are available for public comment through July 31st, 2013.  This post will outline some of the important aspects of the proposed regulations. Delaware […]

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Domino’s Pizza Pays Almost $10 Million in TCPA Settlement

As many of our followers are already aware, the Telephone Consumer Protection Act (“TCPA”) is dominating the headlines with multi-million dollar class action settlements being reached almost weekly.  By various accounts, TCPA filings are up 40-60% in 2013, when compared to the same period in 2012.  On the heels of last month’s $16.3 million dollar TCPA

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FTC Warning Letters Sent to Search Engine Companies

In response to requests from industry and consumer organizations to update its 2002 search engine advertising guidance, the Federal Trade Commission (“FTC”) has issued explanatory warning letters to 24 prominent search engine companies, including Google, Yahoo!, Bing and AOL. Content of FTC Warning Letters The letters serve as an attempt to educate search engine companies

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Court Limits Reach of TCPA?

As stated on this blog, the Telephone Consumer Protection Act (“TCPA”) was passed into law in 1991 and empowers the Federal Communications Commission (“FCC”) to issue rules and regulations regarding unsolicited telemarketing calls, texts, faxes, pre-recorded calls and autodialed calls.  Furthermore, the TCPA allows for private rights of action, which has resulted in several high profile

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TCPA Class Action Against Redbox Dismissed

On June 20, 2013, the United States District Court for the Southern District of California dismissed a putative TCPA class action that had been filed against Redbox Automated Retail, LLC (“Redbox”). TCPA Class Action Facts and Analysis The Redbox plaintiffs alleged that they each received a text message from Redbox, to which they responded “STOP.” 

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Sweepstakes Laws, Rules and Legal Challenges

Promotional contests and sweepstakes can be a cost-effective and dynamic marketing tool, especially when used in combination with Internet and mobile marketplaces.  Despite the appeal, there are myriad state and federal laws that apply to such games, and any would-be sweepstakes operator could incur substantial legal liability if these laws are not followed closely. Games

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July’s New COPPA Requirements and Their Effect on Mobile Apps

As discussed on this blog, earlier this year the Federal Trade Commission (FTC) adopted final amendments to the Children’s Online Privacy Protection Rule (COPPA), which are set to go into effect on July 1, 2013.  The COPPA amendments will have equally binding effects on both websites and mobile apps. New COPPA Requirements In essence, the

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