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.

Prerecorded Voice Claims Must be Factually Supported

On November 26, 2024, the United States District Court for the Southern District of California issued a noteworthy decision highlighting the importance of carefully contesting a plaintiff’s prerecorded voice claims. In Davis v. Rockloans Marketplace, LLC, the Court granted Defendant’s Motion to Dismiss, in part,finding that Defendant had not placed prerecorded voice calls to Plaintiff in violation of the Telephone Consumer Protection Act(“TCPA”). As our readers are aware, the TCPA makes it unlawful “to initiate any telephone call to any residential telephone line using an artificial […]

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woman in boardroom on phone DNC demand letter do not call list telemarketing TCPA law

DNC Demand Letters Are a Serious Matter

As our readers are aware, companies risk substantial penalties for failure to abide by federal Do-Not-Call (“DNC”) regulations. Many DNC lawsuits, that eventually end in judgment or settlement, were preceded by DNC demand letters. The DNC registry was enacted by the Federal Trade Commission (“FTC”), with the help of the Federal Communications Commission (“FCC”), under

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girl in art studio on the phone one to one TCPA telemarketing

TCPA One-to-One Consent – Are You Ready?! 

The worlds of telemarketing and lead generation will see significant change next month. Industry change of this magnitude was last seen in October of 2013, when the Telephone Consumer Protection Act (“TCPA”) was amended to require “prior express written consent” to deliver certain telemarketing calls to consumers.  Enter TCPA One-to-One Consent.  On January 27, 2025,

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CMS rule Medicare medicaid person in hospital gown on phone

Upcoming CMS Marketing Rule Changes 

As our readers know, the Centers for Medicare & Medicaid Services (“CMS”) prohibits certain marketing communications, materials, and activities. With Medicare’s open enrollment period nearing an end, now is a good time to discuss CMS’ upcoming proposed marketing rule changes (the “Rule”) that will be effective by the time next year’s open enrollment period rolls

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person on phone CIPA telemarketing law TCPA

Major CIPA Victory!

Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to illegal wiretapping in violation of the California Invasion of Privacy Act (“CIPA”). Below, we discuss a recent decision in which a California federal court dealt

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fantasy sports opinion letter track and field tcpa law trademark

A Fantasy Sports Opinion Letter is a Necessity

The fantasy sports market was valued at $30.5 billion in 2023. Every year, the industry inches closer to nationwide legalization and regulation. In addition to state law amendments, federal laws and state common law interpretations of existing gambling and lottery laws pave the way forward for the continued expansion of the fantasy sports industry. In

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bitcoin sweepstakes dogecoin elon musk cryptocurrency pile of coins

Is a Bitcoin Sweepstakes Promotion Legal?

Earlier this year, Coinbase ran a Bitcoin sweepstakes promotion offering the chance to win one of six prizes, with the top two prizes amounting to the equivalent of $1,000 USD in Bitcoin (along with merchandise and event tickets). Note that our office has not reviewed the Official Rules for Coinbase’s Bitcoin sweepstakes and, as such,

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