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.

privacy law new jersey new hampshire

New Jersey and New Hampshire on track to Enact Privacy Laws

Following in the footsteps of thirteen (13) other states, New Jersey and New Hampshire appear to be the next two jurisdictions that will enact state privacy laws. As readers of this blog know, there are at least eight other states also considering similar legislation. New Jersey Privacy Law On January 8, 2024, the New Jersey […]

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Florida fantasy sports

Uncertainty Looms Over Florida Fantasy Sports Landscape

For those following the state of Fantasy Sports in Florida, it is quite apparent that entering the market continues to be fraught with uncertainty and risk. Last September, Mr. Lou Trombetta, the Executive Director of the Florida Gaming Control Commission (“GCC”), sent cease and desist letters to three companies that were allegedly “offering and accepting

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telemarketing consent

FTC Telemarketing Consent Farming Crackdown Continues

On January 2, 2024, Response Tree LLC and its president, Derek Thomas Doherty (collectively “Response Tree”), settled claims that they had violated Federal Trade Commission (“FTC”) consent regulations by, among other things, illegally generating telemarketing leads. Entered on the same day, the Central District of California Complaint, filed by the United States Department of Justice

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subscription cancel

NY Attorney General Sues SiriusXM For Subscription Cancellation Violations 

As our readers know, the Federal Trade Commission (“FTC”) has proposed amendments which attempt to simplify the process of canceling subscription-based services. Most consumers have experienced how companies can make it frustratingly difficult for them to cancel a recurring subscription. Now, the New York State Attorney General’s Office (“NYAG”) has levied allegations against satellite radio

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FCC consent

Newly Adopted FCC TCPA Consent Rules Set to Change the Telemarketing Industry

On December 13, 2023, the Federal Communications Commission (“FCC”) voted 4-1 to revise consent rules governing the receipt of telemarketing communications under the Telephone Consumer Protection Act (“TCPA”). With an overarching goal of closing what it terms “the lead generator loophole,” the FCC’s consent rules will now require that websites and lead generators obtain a

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National Mortgage Company Again Under Fire For Alleged Do Not Call Violations

Companies frequently find themselves embroiled in litigation for unsolicited telemarketing calls or text messages sent to consumers. One such company is Rocket Mortgage, LLC (“Rocket”), which again finds itself sued for calls and texts allegedly sent in violation of the Telephone Consumer Protection Act (“TCPA”). About a month ago, Rocket was sued for making 27

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