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.

sweepstakes law

Reminder: Quebec Sweepstakes Guidelines Exempt U.S.-Based Contests!

Blog, Sweepstakes & Gaming Law /

Businesses are turning to sweepstakes contests to generate new leads and retain existing customers. Over the years, such promotional efforts have proven to attract customers in virtually every industry. Companies that create these promotions for United States and Canada residents must be sure to follow applicable state, federal, and even “provincial” laws. Sweepstakes guidelines vary […]

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autodialer

Florida Senate Approves Florida Telemarketing Law Amendment

Blog, Telemarketing Law /

On May 3, 2023, the Florida Senate passed House Bill 761 (“HB 761”). As our readership is aware, the Florida House of Representatives previously passed HB 761 to address the proliferation of claims filed under Florida’s Telephone Solicitation Act (“FTSA”). The FTSA was originally designed to address the rise in intrastate telemarketing. However, the FTSA ended up being more restrictive than the statute it was modeled after – the Telephone Consumer Protection Act (“TCPA”). As a result,

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TCPA autodialer- Klein Moynihan Turco LLP

Telemarketing Consent Invalidates TCPA Complaints

Blog, Telemarketing Law /

Consumers often complain about being on the receiving end of telemarketing calls and/or text messages. However, what they do not mention in their complaints the critical fact that they are only on the receiving end of such calls and text messages because they willingly and voluntarily provided consent to receive them in accordance with the Telephone Consumer Protection Act (“TCPA”). The following are common complaints alleged by plaintiffs in TCPA

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free trial marketing

FTC Issues Refund Checks to Trial Marketing Offer Customers

Blog, Internet Law, Online Marketing & Advertising Law /

The Federal Trade Commission (“FTC”) recently announced that it would issue 41,934 checks, totaling more than $1.1 million, to consumers in connection with a free trial marketing campaign investigation.  In August 2017, defendants were sued following an investigation by the FTC. The suit alleged that defendants “used deceptive claims, hidden disclosures, and confusing terms to

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