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.

paid endorsement marketing

Google and iHeartMedia Sued for Unlawful Paid Endorsement Marketing Practices

Blog, Online Marketing & Advertising Law /

Product and service endorsement is an effective way to generate consumer interest. As our readers know, this method of advertising must comply with applicable state and federal regulations or business owners risk costly and time-consuming regulatory action. For example, the Federal Trade Commission (“FTC” or “Commission”) and multiple state attorneys general recently brought suit against […]

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ringless voicemail consent

Ringless Voicemails Require TCPA Consent

Blog, Telemarketing Law /

On November 21, 2022, the Federal Communications Commission (the “FCC” or “Commission”) issued a declaratory ruling and order finding that “ringless voicemails” are subject to the Telephone Consumer Protection Act (“TCPA”) and, therefore, require prior express consent from wireless recipients. This ruling should end the long-standing debate over whether consent is required to deliver ringless

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TCPA footnote 7

Duguid v. Facebook, Footnote 7: TCPA Landscape Significantly Altered by Ninth Circuit Decision

Blog, Telemarketing Law /

It has been about one year and eight months since the United States Supreme Court released its landmark decision in Facebook v. Duguid. Since then, numerous courts have incorporated Facebook into their opinions, with variations in their interpretations. For many plaintiffs filing suit under the TCPA, Footnote 7 of the Facebook decision has provided them

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gambling ads

Facebook Sets Restrictions on Online Gambling Ads

Blog, Online Marketing & Advertising Law /

Facebook has updated and is now enforcing their gambling and gaming service marketing policy.  In order to feature ads that promote online gambling and gaming, advertisers now need to request prior written permission from Meta to do so. The request must include evidence that the subject gambling and/or gaming activities are duly licensed by regulators

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sweepstakes marketing

Take Your Marketing up a Notch With a Sweepstakes or Contest!

Blog, Sweepstakes & Gaming Law /

Historically, companies have used sweepstakes and contests to market their products and services. It is undeniable that these tools attract new customers and help to retain existing ones. The basis for such promotions certainly appeals to many consumers: the chance to win something. But did you know that there are significant differences between the two

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State Privacy Laws in 2023: Are Your Privacy Practices Compliant?

Blog, Data & Privacy Law /

Website operators are at a pivotal moment in history when it comes to consumer data privacy. Although this sounds a bit ominous, we cannot emphasize this point enough: companies that conduct business online must seriously consider the wave of new state privacy laws that will go into effect in 2023. The various laws, which we

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Oklahoma Telemarketing

Oklahoma’s New Telemarketing Law Goes into Effect, Joining Other States with Mini-TCPAs

Blog, Telemarketing Law /

On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. Following a trend set by Florida, Oklahoma decided to enact its own rules to regulate intrastate telemarketing communications. Oklahoma’s regulations are the latest to take effect in a line of Mini-TCPA laws. These regulations have been coined Mini-TCPAs because they are the state equivalents

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OTSA

The Oklahoma Telephone Solicitation Act (“OTSA”) is Now in Effect, will Lawsuits be Next?

Blog, Telemarketing Law /

A small handful of states have enacted their take on the Federal Telephone Consumer Protection Act (“TCPA”), prohibiting the use of automated telephone sales calls without prior express written consent. These laws are designed to protect consumers from receiving unauthorized and unwanted telemarketing calls. Oklahoma recently passed such legislation, the OTSA, which is based in

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