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.

Massachusetts gambling advertising

DraftKings Sued for Allegedly Deceptive Gambling Advertising

Blog, Online Gambling Law, Online Marketing & Advertising Law /

Last week, DraftKings was sued in Massachusetts Superior Court for allegedly using misleading gambling advertising to acquire new customers. In Scanlon et al. v. DraftKings, the Plaintiffs claim that operators of the popular sports betting app “knew, or should have known,” that its $1,000 sign-up bonus promotion would deceive prospective customers.  As our readers are […]

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automatic renewal rule

FTC to Hold Automatic Renewal Rule Hearing

Blog, Online Marketing & Advertising Law /

On January 16, 2024, the Federal Trade Commission (“FTC”) will hold a virtual informal hearing on proposed amendments to its current automatic renewal rules. Many businesses will be paying close attention to one proposal in particular: the addition of a “click to cancel” provision, requiring sellers to make it as easy for consumers to cancel

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TCPA text

How Many Days After “STOP” is a Subsequent Text a TCPA or FTSA Violation?

Blog, Telemarketing Law /

In September 2022, Mr. Eitan Barr filed a lawsuit on behalf of himself and other similarly situated individuals against Macys.com, LLC, (“Macy’s”) in the Southern District of New York. The Complaint alleged that the sending of a single text message violated the Telephone Consumer Protection Act (“TCPA”) and the Florida Telephone Solicitation Act (“FTSA”) because

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ai tcpa

The Impact of AI on TCPA Litigation

Blog, Telemarketing Law /

On November 15, 2023, the Federal Communications Commission (“FCC”) voted in favor of undertaking a formal inquiry to evaluate the impact that artificial intelligence (“AI”) technology will have on Telephone Consumer Protection Act (“TCPA”) litigation and illegal robocalls. As readers of this blog know, the word “robocall” does not have a universally accepted definition, with

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sports gambling

ESPN’s Giant Sports Gambling Licensing Deal

Blog, Online Marketing & Advertising Law, Sweepstakes & Gaming Law /

On August 8, 2023, PENN Entertainment (“PENN”) and ESPN announced a groundbreaking sports gambling licensing arrangement. In exchange for $1.5 billion cash and additional stock warrants, ESPN will grant PENN the exclusive right to use ESPN’s trademark for its United States sports gambling operation. The arrangement will last ten years, with an option to extend

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