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.

Connecticut telemarketing

Revised Connecticut Telemarketing Law Signed Into Law

On June 26, 2023, Connecticut Governor Ned Lamont signed SB1058 into law, which both amends and adds to Connecticut’s telemarketing law. The amendments go into effect on October 1, 2023. As discussed below, there are several significant revisions to Connecticut’s telemarketing law. Unlike the Telephone Consumer Protection Act (“TCPA”) and many of its state level […]

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endorsement agreement

FTC Guides Updated – Are Your Endorsement Agreements up to Date?

Last week, the Federal Trade Commission (“FTC” or the “Commission”) announced that it had adopted its revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (“the Guides”). The primary purpose of the Guides is to ensure that businesses comply with the FTC Act by entering into endorsement agreements centered around truthful advertising. In

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ftc endorsement guidelines

NEW FTC GUIDELINES FOR ENDORSEMENTS AND TESTIMONIALS RELEASED

The Federal Trade Commission (“FTC” or the “Commission”) has released its updated Endorsement Guides for 2023. The FTC Guidelines “at their core, reflect the basic truth-in-advertising principle that endorsements must be honest and not misleading.”  The FTC Guidelines concerning the use of  endorsements and testimonials in advertising require that “[i]f there’s a connection between an

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subscription content

Is Amazon Tricking Customers Into Providing Subscription Consent?

On June 21, 2023, the Federal Trade Commission (“FTC” or “the Commission”) filed a heavily redacted Complaint against Amazon.com Inc. (“Amazon”) in the Western District Court of Washington. The Complaint alleges that the practices used by Amazon to obtain subscription consent violate both Section 5 of the Federal Trade Commission Act (“FTC Act”) and the

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sweepstakes amoe

The Importance of a Valid Sweepstakes AMOE

A recent Federal Trade Commission (“FTC”) action against, and settlement with, Publisher’s Clearing House (“PCH”) highlights the importance of offering consumers a free alternative means of entry into all sweepstakes promotions (also referred to as a “sweepstakes AMOE”).  Sweepstakes operators may enable consumers to enter a sweepstakes via the purchase of a product or service.

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subscription content

Is Amazon Tricking Customers Into Providing Subscription Consent?

On June 21, 2023, the Federal Trade Commission (“FTC” or “the Commission”) filed a heavily redacted Complaint against Amazon.com Inc. (“Amazon”) in the Western District Court of Washington. The Complaint alleges that the practices used by Amazon to obtain subscription consent violate both Section 5 of the Federal Trade Commission Act (“FTC Act”) and the

Is Amazon Tricking Customers Into Providing Subscription Consent? Read More »

subscription cancellation

FTC Takes Aim at Amazon’s Subscription Cancellation Process

On June 21, 2023, the Federal Trade Commission (“FTC” or the “Commission”) sued online retail giant Amazon.com for violating of section 5 of the FTC Act and the Restore Online Shoppers’ Confidence Act (“ROSCA”). The FTC is a United States governmental agency whose primary mission is to protect consumers and enforce civil antitrust laws. With

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Do Your Privacy Policy Changes Require Consumer Notice and Consent?

Website operators may need to update their privacy policies when they make changes to their respective personal information collection, storage, sharing and usage practices.  Depending on the nature of the privacy policy changes, businesses may also need to provide notice to, and obtain consent from, consumers in order to comply with applicable privacy laws.  

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