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.

ftc telemarketing

FTC Telemarketing Decision Highlights Crackdown on Consent Farming 

As our readers are aware, on September 1, 2023, Judge Lindsay C. Jenkins of the Northern District of Illinois granted the Federal Trade Commission (“FTC’) partial summary judgment in its telemarketing lawsuit against Day Pacer LLC and associated defendants (collectively “Day Pacer”). FTC v. Day Pacer LLC, et al., filed in 2019, is part of […]

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email marketing

Email Marketing Law and Google’s New Email Delivery Restrictions 

On October 3, 2023, Google LLC (“Google”), a multinational technology company, announced that it was implementing new restrictions to further prevent the delivery of unsolicited email marketing to its users. Please note that this is an internal policy change, one that is unrelated to email marketing law regulations. The changes are set to take effect

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NY Fantasy Sports Regulations Ban Prop Betting

Last Thursday, the New York State Gaming Commission adopted New York Rule 5602.1(a)(4), outlawing fantasy sports contests that are based on proposition betting, a popular sports betting option. The New York States Gaming Commission (“GC” or the “Commission”) is the official governing body in charge of overseeing casino gaming, charitable gaming, horse racing, lottery, and

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prerecorded calls

SNOOP DOGG’S VOICE USED TO SEND PRERECORDED CALLS?

On September 27, 2023, Ms. Qiana Martin filed a lawsuit on behalf of herself and other similarly situated individuals against Bottom Line Concepts, LLC (“BLC”) in the Southern District of New York. The Complaint alleges that BLC delivered prerecorded calls to consumers, without consent, in violation of the Telephone Consumer Protection Act (“TCPA”). Specifically, the

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marijuana marketing

Juana Sell Weed? New York Announcement Creates Major Marijuana Marketing Opportunities

On October 4, 2023, New York Governor Kathy Hochul announced the largest expansion of the State’s legal marijuana market to date. As our readers are aware, the Marihuana Regulation & Taxation Act (“MRTA”) was enacted in 2021, legalizing adult-use cannabis in New York State. The Office of Cannabis Management (“OCM”) was established under the MRTA

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Marriot Telemarketing Case Shows New Path to Combat Unauthorized Telemarketing

REMINDER: Connecticut’s New Telemarketing Law Takes Effect OCTOBER 1ST, 2023!

As readers of this blog will recall, Connecticut Governor, Ned Lamont, signed SB1058 into law on June 26, 2023, which both added to, and amended, Connecticut’s telemarketing law. Most notably, beginning on October 1, 2023, Connecticut now allows for up to $20,000 per violation of its strict telemarketing regulations.   Key Points to Remember About

REMINDER: Connecticut’s New Telemarketing Law Takes Effect OCTOBER 1ST, 2023! Read More »

cannabis marketing

Keep it Rollin’: Court Grants Joint Petition Submitted by Cannabis Marketing Company

Last week, the New York State Supreme Court for the County of Albany approved a Petition submitted by LeaflyHoldings, Inc. and co-petitioners (“Leafly”), staying cannabis marketing regulations that were recently enacted by the Office of Cannabis Management (the “OCM”). As our readers are aware, the Marihuana Regulation & Taxation Act (“MRTA”) was enacted in 2021, legalizing adult-use cannabis in New York State. The OCM was established under the MRTA

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New York telemarketing

Crackdown on New York Telemarketing Continues 

Based on recent statutory amendments to New York State’s telemarketing laws, the State is further restricting telemarketing activities in its jurisdiction. Back in March 2022, legislation was signed into law by Governor Kathy Hochul that amended the State’s General Business Law, Section 399-z, the law that established The “No Telemarketing Sales Calls Statewide Registry.” As readers of our blog know, marketing companies’ practices must

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