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.

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FTSA Standing

Readers of our blog may recall a recent article in which we discussed two Florida class action lawsuits that significantly limited telemarketing companies’ exposure in cases alleging violations of the Florida Telephone Solicitation Act (“FTSA”). Our readers likely are familiar with the common defenses available to companies facing FTSA class action claims, such as prior […]

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Significant CIPA Eavesdropping Lawsuit Dismissed

On March 15, 2024, a United States District Court for the Southern District of California granted Defendant’s Motion to Dismiss in the matter of Rodriguez v. Ford Motor Company. In her eavesdropping lawsuit, Plaintiff alleged that Defendant violated the California Invasion of Privacy Act (“CIPA”) by enabling a third party to eavesdrop on her conversation

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5 TCPA Compliance Tips

The Telephone Consumer Protection Act (“TCPA”) is a federal statute that was enacted in 1991 to safeguard consumer privacy through the regulation of certain telemarketing practices. As our readers are aware, businesses operating without regard for TCPA compliance can incur massive civil penalties. As such, it is important to keep the following TCPA compliance tips

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CFPB Releases Comparison Shopping Warning  

On January 29, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued a circular (the “Circular”) detailing what it considers deceptive financial services marketing practices under the Consumer Financial Protection Act (“CFPA”). According to the CFPB, operators of comparison-shopping websites may violate the CFPA by steering consumers to certain products or services based on how the

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Sweepstakes Documents – More than Just the Rules

Multiple Sweepstakes Documents Required In preparing to conduct a sweepstakes promotion, the first step often involves the sweepstakes operator hiring an attorney to draft a set of Contest Rules that will govern the promotion. While it makes sense to begin with the rules, the process should not end there. Sweepstakes and promotional contests require an

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