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.

guy on his cell phone in the dark tcpa residential

What Is A “Residential Subscriber” Under The TCPA?

Our readers may recall a piece in which we discussed a recent decision from the United States Supreme Court which more than opened the door to judicial review of the Telephone Consumer Protection Act’s (“TCPA”) implementing regulations promulgated by the Federal Communications Commission (“FCC”). In the wake of that decision, a federal court in Georgia […]

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prerecorded voice TCPA telemarketing man on phone TCPA case

Court Upholds TCPA Prerecorded Voice Claims

On June 10, 2025, the United States District Court for the Northern District of Illinois issued a noteworthy decision for companies that find themselves contesting prerecorded voice claims. In Taylor v. Kin Insurance Inc., the Court denied Defendant’s Motion to Dismiss, finding that Plaintiff had plausibly alleged Defendant’s use of prerecorded voice technology in violation

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man on phone in front of his house man on cell phone do not call list TCPA telemarketing

Major Decision for Defense Bar: Text Messages Do Not Satisfy DNC Pleading Requirements

On July 21, 2025, the United States District Court for the Central District of Illinois issued an important decision for Telephone Consumer Protection Act (“TCPA”) defendants. In Jones et al. v. Blackstone Medical Services, LLC (“Defendant”), Defendant was sued for allegedly sending Plaintiffs repeated telemarketing communications in violation of the National Do Not Call (“DNC”)

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Meta Pixel Case Survives Motion to Dismiss

Readers of this blog are well aware of the proliferation of lawsuits alleging that websites which utilize Meta Pixel tracking software violate the California Invasion of Privacy Act (“CIPA”). These lawsuits typically allege that the use of Meta Pixel technology, without consumer consent, violates CIPA’s wiretapping provision or its provision prohibiting the use of pen

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close up image of an email email tracking CIPA

Email Tracking CIPA Wiretapping Victory!

Although the California Invasion of Privacy Act (“CIPA”) lawsuit train shows no signs of slowing down, a California federal judge recently derailed a CIPA email tracking lawsuit when it dismissed claims mirroring those asserted in other CIPA online tracking lawsuits. Below, we discuss the decision and its implications for future email tracking CIPA claims.   Email

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cannabis ads a close up of a marijuana plant

Cannabis Ads Must Comply with State Regulations

Licensed cannabis retailers are popping up all over New York State, making it more convenient for consumers to find a State-sanctioned establishment. But with the proliferation of licensed retailers comes necessary regulatory oversight. The Office of Cannabis Management (“OCM”) was formed to implement regulations applicable to the production and sale of adult-use and medical cannabis

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do not call list DNC do not call lawsuit close up black and white photo of a cell phone

Maintain Internal Do Not Call List Compliance Procedures or Face the Consequences!

Last month, Lendify Associates LLC (“Defendant”) was sued in the Central District Court of California for allegedly violating the internal Do Not Call (or “DNC”) list compliance requirements of the Telephone Consumer Protection Act (“TCPA”). As our readers are aware, the TCPA contains various provisions designed to restrict certain telephone solicitations that may invade upon

Maintain Internal Do Not Call List Compliance Procedures or Face the Consequences! Read More »