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.

Telemarketing List Management Agreements: Age of Consent

Telemarketing List Management Agreements: Age of Consent

Blog, Data & Privacy Law, Journal, Telemarketing Law /

Through the course of interacting with consumers, and in connection with various ongoing commercial relationships with those consumers, business owners of all kinds are frequently able to amass a valuable database of consumer telephone numbers.  Where permitted by the applicable privacy policy, as well as the specific telemarketing-related consent obtained from the subject consumers at […]

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CPRA rulemaking

California’s Data Privacy Agency CPRA Rulemaking

Blog, Data & Privacy Law /

In November 2020, California voters approved Proposition 24, also known as the California Privacy Rights Act (“CPRA”). The CPRA expands the consumer data privacy protections present in the more widely-known California Consumer Privacy Act (“CCPA”). Among other measures, the CPRA created the California Privacy Protection Agency (the “Agency”), which is tasked with CPRA rulemaking. The

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TCPA Consent Issues Defeat Class Certification

TCPA Consent Issues Defeat Class Certification

Blog, Telemarketing Law /

Obtaining prior express written consent is the fundamental requirement for any telemarketer that wants to avoid violating the Telephone Consumer Protection Act (“TCPA”). In most instances, TCPA consent is a general prerequisite for contacting consumers with advertisements either by placing calls or by sending text messages using automated means. Valid consent is comprised of several

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Arizona Court Dismisses Autodialer Case- Klein Moynihan Turco LLP

Arizona Court Dismisses Autodialer Case

Blog, Telemarketing Law /

Almost every week, at least one court hands down a new decision interpreting the autodialer ban contained in the Telephone Consumer Protection Act (“TCPA”). In the decisions released after the U.S. Supreme Court’s opinion in Facebook v. Duguid, lower courts have overwhelmingly interpreted the TCPA’s definition of “autodialer” as requiring the use of a number

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The Legal Implications of Social Media Marketing in 2021- Klein Moynihan Turco LLP

The Legal Implications of Social Media Marketing in 2021

Blog, Online Marketing & Advertising Law /

Social media platforms have become an increasingly common forum for social interactions around the globe.  To illustrate their burgeoning popularity, Facebook, alone, garners about 1.9 billion unique daily users.  Given the widespread usage of social media by consumers, many businesses are exploring ways to use these platforms as marketing vehicles.  Social media marketing efforts may

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TCPA Class Action Lawsuit Defense: A Primer

TCPA Class Action Lawsuit Defense: A Primer

12 Comments / Blog, Journal, Telemarketing Law /

The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded in the past few years. Congress and regulators cannot seem to keep up with new technology and new marketing methods, making the TCPA more patchwork quilt than finished product. Recent court decisions have had to fill in gaps in the TCPA, with new

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tcpa checklist

The Complete (Almost) TCPA Compliance Checklist for Telemarketers

Blog, Telemarketing Law /

Telemarketing is sometimes misunderstood, oversimplified, and even viewed negatively. There is much more to it than the unexpected call you get from a strange number while you’re trying to enjoy dinner. Reaching out to consumers using the phone is often an essential tool for most businesses. Getting the consumer on a phone call to respond

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Does Your Email Marketing Comply with the Law?- Klein Moynihan Turco LLP

Does Your Email Marketing Comply with the Law?

Blog, Internet Law, Online Marketing & Advertising Law /

You are most likely familiar with the federal law governing email marketing, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”).  CAN-SPAM serves as the primary piece of legislation regulating commercial email advertising.  However, because CAN-SPAM does not permit individual email recipients to bring lawsuits for alleged statutory violations, it is

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