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.

ugly redhead guy texting on his phone TCPA claim telemarketing telemarketers do not call list DNC

It’s A Brave New World for TCPA Claims

After the United States Supreme Court’s decision in McKesson, readers of this blog know that companies facing Telephone Consumer Protection Act (“TCPA”) allegations have raised challenges  to these claims on grounds previously unavailable. In the wake of McKesson, federal district courts now can independently evaluate TCPA claims without deferring to interpretations or guidance issued by

It’s A Brave New World for TCPA Claims Read More »

tiktok tiktok pixels tiktok data privacy policy

TikTok Pixel CIPA Claims Are Running on Borrowed Time

As our readers are aware, California Invasion of Privacy Act (“CIPA”) lawsuits have recently dominated headlines in the California consumer privacy space. Most, if not all, of these lawsuits involve defendants that operate websites which utilize third-party tracking technology, including TikTok pixels. Plaintiff’s typically allege that use of  pixel technology constitutes an unlawful wiretap or “trap and trace device” under CIPA. Over the past months, several newly-rendered decisions signal that courts may no longer entertain CIPA claims if they involve the use of pixel tracking technology.  What Are

TikTok Pixel CIPA Claims Are Running on Borrowed Time Read More »

tcpa dnc do not call list picture of text message going to be sent

Court Rules That Text Messages Are Not Calls for TCPA DNC Purposes

On October 24 2025, the United States District Court for the Middle District of Florida issued another favorable decision for companies contesting National Do Not Call (“DNC”) claims. In El Sayed v. Naturopathica Holistic Health, Inc., Plaintiff received several unwanted messages from Defendant, despite the fact her number was listed on the National DNC registry.

Court Rules That Text Messages Are Not Calls for TCPA DNC Purposes Read More »

people on computer CIPA california data and privacy laws

Evolution of CIPA Tracking Claims

As readers of this blog know, companies continue to be targeted in lawsuits asserting California Invasion of Privacy Act (“CIPA”) tracking claims. The fact that California courts have struggled to determine whether CIPA applies to internet communications has only emboldened the plaintiffs’ bar to continue filing these CIPA tracking lawsuits. More recently, CIPA tracking claims

Evolution of CIPA Tracking Claims Read More »

new jersey supreme court law telemarketing marketing date privacy law

State Supreme Court to Weigh In on NJ Daniel’s Law

In a recent piece about New Jersey’s (“NJ”) Daniel’s Law, we discussed an order issued by the United States Court of Appeals for the Third Circuit (“Third Circuit”) requesting that NJ’s highest court consider two questions prior to the Third Circuit determining whether NJ’s Daniel’s Law is constitutional. A little over a month after the

State Supreme Court to Weigh In on NJ Daniel’s Law Read More »

black girl on her iphone telemarketing consent telemarketers TCPA CCPA data and privacy law

Telemarketing Consent Revocation Rule News

In a recent piece, we discussed a draft Notice of Proposed Rulemaking (“NPRM”) from the Federal Communications Commission (“FCC”) that could drastically alter the telemarketing law landscape. Within that same NPRM, the FCC also proposes modifying a Telephone Consumer Protection Act (“TCPA”) regulation relating to telemarketing consent revocation. Below, we discuss two key NPRM proposals

Telemarketing Consent Revocation Rule News Read More »