David Klein Internet Law Attorney

FTSA Litigation: Have You Been Sued Under Florida Telephone Solicitation Act- Klein Moynihan Turco LLP

FTSA Litigation: Have You Been Sued Under the Florida Telephone Solicitation Act?

On July 1, 2021, Florida’s version of the Telephone Consumer Protection Act (“TCPA”), the Florida Telephone Solicitation Act (“FTSA” or the “Act”), went into effect. Sometimes dubbed the Florida “Mini-TCPA,” the Act implements important changes to Florida’s telemarketing laws that mark out vital distinctions from its federal TCPA counterpart. While FTSA litigation under the revised […]

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Trademark Infringement: A Kiss of Death?

Blog, Trademark & Copyright Law / David Klein

The proverbial battle of David versus Goliath is currently unfolding in United States District Court for the Northern District of California. The Cookie Department, Inc. (“Cookie Department”), a California cookie maker, is embroiled in trademark litigation with sweets superpower, The Hershey Company (“Hershey Co.”). Both allege that the other has engaged in trademark infringement. The

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TCPA Fax Opt-Out: Klein Moynihan Turco LLP

Court Narrows TCPA Fax Opt-Out Rule

Blog, Telemarketing Law / David Klein

The late Justice Scalia often said, “The law means what it says and says what it means.” The ever-evolving Telephone Consumer Protection Act (“TCPA”) sometimes tests that maxim. But recently, in a case captioned Bais Yaakov v. ACT, the First Circuit Court of Appeals held that the TCPA does mean what it says regarding facsimile

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The Telemarketer’s Guide to Do-Not-Call Compliance

Blog, Telemarketing Law / David Klein

To launch a telemarketing campaign, businesses will need to build their contact lists with an understanding of how the National Do-Not-Call Registry works, how the list protects consumers’ rights, and the potential penalties associated with violating the regulations. As people grow more attached to their phones, telemarketing has become an essential tool for reaching consumers.

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I Received a TCPA Subpoena. Now What?

Blog, Telemarketing Law / David Klein

The telemarketing industry of the 21st century has many players –advertisers, call centers, and lead generators. Records for each part of a given marketing lifecycle could exist with four separate companies. So, when plaintiffs file lawsuits against telemarketers alleging violations of the Telephone Consumer Protection Act (“TCPA”), it is common for someone else to have,

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The Telemarketer’s Guide: Consumer Disclosures

Blog, Telemarketing Law / David Klein

To help you understand how to sell to consumers through telemarketing, while complying with the law, we have created this guide for every telemarketer in order to understand consumer disclosures. The guide introduces the regulations contained in the Telemarketing Sales Rule. If you are an advertiser who wants to reach consumers through a telemarketing campaign, you may be focused

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Does Your Business Need a Sweepstakes Opinion Letter?

Blog, Sweepstakes & Gaming Law / David Klein

Sweepstakes and similar promotional contests have been a popular marketing and brand outreach tool for decades. Recently, businesses have been utilizing the sweepstakes promotional model in conjunction with social media websites and other online and mobile marketing venues. These mobile and online mediums can be employed to vastly expand the visibility and reach of the subject

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No Job Robocalls Under the TCPA- Klein Moynihan Turco LLP

No TCPA Exception for Job Robocalls

Blog, Telemarketing Law / David Klein

The Telephone Consumer Protection Act (“TCPA”) prohibits the use of an autodialer or prerecorded voice when placing certain calls to consumers’ cellphones without their prior express consent. Recently, the Ninth Circuit clarified that the TCPA prohibits companies from placing all such non-emergency calls to consumers’ cellphones, without prior express consent, and not just those placed

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