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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Major CIPA Wiretap Decision!

California Invasion of Privacy Act (“CIPA”) wiretapping claims against online businesses are topics with which our readers are well-versed. Inconsistent court decisions about whether wiretapping claims under CIPA apply to the use of third-party tracking technologies have only fueled the continued assertion of these claims. However, the latest CIPA wiretap decision brings these claims into […]

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Set Telemarketing to Snooze: Telemarketing Quiet Hours Lawsuits on the Rise!

As our readers are aware, the legality of telemarketing during quiet hours has been a hot topic in recent months. Last week, another putative class action Complaint was filed as a result of text messages that the Plaintiff alleges he received outside the hours of 8:00 a.m. and 9:00 p.m. In Valero v. Fizzies Sweets,

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Washington Email Marketing Climate Has Changed!

Last week, the Washington State Supreme Court issued a ruling which is anticipated to have significant implications for going-forward compliance with the Washington email law, the Commercial Electronic Mail Act (“CEMA”).  What are the compliance obligations under the Washington email marketing law? As long-time readers of this blog know, state and federal email statutes generally

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VPPA Lawsuit Against Major Video Game Studio Dismissed

On April 2, 2025, the United States District Court for the Northern District of California granted Defendant’s Motion to Dismiss in Lakes et al. v. Ubisoft, Inc. In Lakes, Among other eavesdropping claims, Plaintiffs alleged that Defendant violated the Video Privacy Protection Act (“VPPA”) and California Invasion of Privacy Act (“CIPA”) by: 1) disclosing their

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Use of Tracking Tools Requires Notice and Consent!

When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor activity on their websites to, among other things, provide targeted advertising. Although consumers rarely read them, companies often disclose the use of these

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What Is An AI-Generated Call? 

With AI-generated content becoming more widespread daily, the Federal Communications Commission (“FCC” or “Commission”) has solicited comments from the general public and companies alike in connection with a recent Notice of Proposed Rulemaking (“NPRM”). In its NPRM, the FCC seeks comment regarding, among other things, the definition of AI-generated calls. The Commission’s proposed definition of

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Pacific Trial Attorneys CIPA Demands 

Readers of this blog know about the never-ending barrage of consumer privacy litigation commenced against online companies in connection with their collection of consumer data. Several of these cases have recently been filed by Pacific Trial Attorneys, a law firm based in California. Specifically, Pacific Trial Attorneys has brought claims under the California Invasion of

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