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 Issues Subscription Services Notice of Proposed Rulemaking

Blog, Online Marketing & Advertising Law /

Businesses and customers alike benefit from the advantages of automatic renewal subscription services. Among other things, companies can effectively maintain a consistent customer base, predict future earnings, and make associated decisions based on this data. Consumers, likewise, may easily sign up for subscription services and depend on the continuity of the plan, without having to think about, or go to the trouble of,periodically renewing. However, […]

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tcpa requirements

New TCPA Requirements for Non-Marketing Calls

Blog, Telemarketing Law /

On January 20, 2023, the Federal Communications Commission (“FCC”) announced the implementation of new rules governing non-marketing calls. The new rules were implemented pursuant to the Telephone Consumer Protect Act (“TCPA”) Exemptions Order published on February 25, 2021. The TCPA protects consumers against the receipt of certain unsolicited telemarketing calls and text messages. Traditionally, the

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website sweepstakes

How to Set up a Website Sweepstakes Promotion

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

Virtually every business has an online presence today. Because of this, the importance of generating website traffic cannot be overstated — it is integral, and paramount to, increasing earnings. How can a company improve its visibility and attract new users to its website? One way is to set up an effective sweepstakes promotion! Please note,

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California Advertising

California’s False Advertising Laws and the “On Sale” Price

Blog, Online Marketing & Advertising Law /

Most consumers like a bargain. Businesses understand that people are more likely to respond to advertisements for products and services that are “on sale.” However, please be aware that, according to California advertising law, the promotional sale price must actually reflect a discount from the original price. This means that the particular item must have

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Massachusetts gambling advertising

Barstool Sports Cited for Possibly Violating Massachusetts Gambling Advertising Laws

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

Barstool Sports (“Barstool”) has ceased its “Can’t Lose Parlay” promotion after facing scrutiny for possibly violating Massachusetts gambling advertising laws. Barstool is a sports and pop culture digital media company that has become especially popular on social media. Barstool launched Barstool Sportsbook MA when online sports betting was legalized in the State on March 10,

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Colorado Privacy

Colorado Finalizes Consumer Privacy Act Regulations

Blog, Data & Privacy Law /

States continue to move forward in promulgating consumer data privacy laws and accompanying regulations. Currently there are five states with comprehensive laws on their books, and Iowa is now poised to become the sixth. Both chambers of the Iowa State Legislature unanimously voted to approve Senate File 262. Businesses have wisely anticipated the various new regulations

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TCPA text

TCPA Text Lawsuits: Does a Single Text Message Confer TCPA Standing? 

Blog, Telemarketing Law /

On March 13, 2023, the Eleventh Circuit Court of Appeals agreed to rehear the issue of whether a single unsolicited text message confers standing under the Telephone Consumer Protection Act (“TCPA”). This is an important issue for all TCPA text message lawsuit defendants. As background, Plaintiffs filed this class action lawsuit in the Southern District

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