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.

medicare medicade one to one dovtor holding phone with white coat one

Medicare One-to-One Consent Rules Go Into Effect October 1!

Blog, Data & Privacy Law /

Readers of this blog are aware of the fact that, beginning on October 1, 2024, the Medicare one-to-one consent rules will go into effect – requiring Third Party Marketing Organizations (“TPMOs”) who engage in Medicare-related marketing to obtain one-to-one consent to telemarket to consumers. Following the Federal Communications Commission’s (“FCC”) rulemaking on one-to-one consent, the […]

Medicare One-to-One Consent Rules Go Into Effect October 1! Read More »

pennsyvannia wiretap man holding cell phone on hike looking downat his shoes telemarketing TCPA

Favorable Pennsylvania Wiretap Decision

Blog, Telemarketing Law /

Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these lawsuits are concentrated in jurisdictions that have enacted broad wiretapping statutes. One such jurisdiction is Pennsylvania, with a statute known as the

Favorable Pennsylvania Wiretap Decision Read More »

TCPA case telemarketing telemarketers man on phone man texting on phone

TCPA Case Filings on the Rise!

Blog, Telemarketing Law /

Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida Telephone Solicitation Act (“FTSA”). The TCPA is a federal statute that restricts certain types of telemarketing communications. The FTSA, colloquially known as

TCPA Case Filings on the Rise! Read More »

cell phone TCPA solicitation telemarketing attorney cell phone on table with yellow and white background

What Constitutes A TCPA Solicitation?

Blog, Telemarketing Law /

Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions highlight an additional avenue of defense for companies facing potential TCPA liability. The question presented in each of these cases was whether certain

What Constitutes A TCPA Solicitation? Read More »

social media sweepstakes android phone social media apps phone on table with coffee how to run social media sweepstakes

How to Run A Social Media Sweepstakes Promotion

Blog, Sweepstakes & Gaming Law /

Conducting a sweepstakes promotion through a social media venue provides businesses with a potent marketing combination: Sweepstakes sponsors can increase engagement with their social media accounts, while increasing brand awareness through the allure of prizes. However, there are numerous regulatory considerations and social media network rules that apply to each aspect of this marketing approach,

How to Run A Social Media Sweepstakes Promotion Read More »

cell phone TCPA TCPA lawsuits iphon with colorful background

Be Aggressive in Defending TCPA Lawsuits! 

Blog, Trademark & Copyright Law /

Earlier this summer, in Frank v. Receivables Performance Management, LLC (“RPM”), a judge for the United States District Court for the District of New Jersey issued a useful decision for defendants, dismissing most of the claims in Plaintiff’s Telephone Consumer Protection Act (“TCPA”) lawsuit. Plaintiff sued RPM for allegedly calling him numerous times without his

Be Aggressive in Defending TCPA Lawsuits!  Read More »