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.

Court Clarifies What a TCPA Number Generator Is- Klein Moynihan Turco LLP

Court Clarifies What a TCPA Number Generator Is

A California federal court recently joined a North Carolina court in clarifying that the Telephone Consumer Protection Act (“TCPA”) contains a narrow definition of “autodialer.” Undermining a favorite argument used by TCPA plaintiffs, the Court in Hufnus v. DoNotPay, Inc. found that, to qualify as an autodialer, dialing equipment must use a random or sequential …

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Illinois Court Uses Facebook to Dismiss TCPA ATDS Claims- Klein Moynihan Turco

Illinois Court Uses Facebook to Dismiss TCPA ATDS Claims

Since the U.S. Supreme Court decided Facebook v. Duguid in April, trial courts have employed the decision to analyze Telephone Consumer Protection Act (“TCPA”) cases that come before them. Specifically, courts have addressed how the Facebook decision impacts alleged TCPA automatic telephone dialing system (“ATDS” or “autodialer”) claims. In a recent case captioned Watts v. …

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NCAA Braces for New-Age “Madness” Amidst NIL Law Enactment- Klein Moynihan Turco LLP

NCAA Braces for New-Age “Madness” Amidst NIL Law Enactment

In less than a month’s time, several states will officially enact name, image, and likeness (“NIL”) laws much to the chagrin of the official governing body of collegiate sports, the National Collegiate Athletic Association (“NCAA”). After July 1, when these NIL laws go into effect, college athletes in select states will be able to cash …

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Colorado Privacy Law Heads to Governor’s Desk for Signature- Klein Moynihan Turco LLP

Colorado Privacy Law Heads to Governor’s Desk for Signature

On June 8, 2021, the Colorado General Assembly passed the Colorado Privacy Act (“CPA”). If signed by Governor Jared Polis, Colorado will join California and Virginia as only the third state of the Union to pass comprehensive data privacy legislation.  Following in the footsteps of the California Consumer Privacy Act (“CCPA”) and Virginia’s Consumer Data …

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TCPA autodialer- Klein Moynihan Turco LLP

FTC Recovers $30 Million in DNC List Violation Settlement

The Federal Trade Commission (“FTC”) recently announced the settlement of a lawsuit with the Career Education Corporation (“CEC”).  The operator of post-secondary education institutions was accused of federal Do-Not-Call List (“DNC list”) violations and related telemarketing, lead generation, and advertising wrongdoing.  The underlying allegations, and the settlement and related restitution agreed to, should serve as …

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Legal Perspective on Influencer Sponsorship and Testimonials- KMT

Legal Perspective on Influencer Sponsorship and Testimonials

The Federal Trade Commission released an influencer sponsorship guide in 2019, “Disclosures 101 for Social Media Influencers” (the “Guide”), in an attempt to curtail the scourge of deceptive ads published by social media influencers. In the past, we have blogged about how advertisers and influencers have come under investigation for failing to adequately disclose their professional relationships. …

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Does Soundboard Technology Comply with TCPA and TSR

TCPA Footnote 7 Cannot Save Autodialer Claims

In the U.S. Supreme Court’s decision in Facebook v. Duguid, the Court clarified the definition of the term “autodialer” as used in the Telephone Consumer Protection Act (TCPA”). In that decision, largely a win for the telemarketing industry, the Supreme Court included a TCPA footnote (also referred to as Footnote 7) that addressed a linguistic …

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