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.

TCPA autodialer- Klein Moynihan Turco LLP

FTC Recovers $30 Million in DNC List Violation Settlement

Blog, Telemarketing Law /

The Federal Trade Commission (“FTC”) recently announced the settlement of a lawsuit with the Career Education Corporation (“CEC”).  The operator of post-secondary education institutions was accused of federal Do-Not-Call List (“DNC list”) violations and related telemarketing, lead generation, and advertising wrongdoing.  The underlying allegations, and the settlement and related restitution agreed to, should serve as […]

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Legal Perspective on Influencer Sponsorship and Testimonials- KMT

Legal Perspective on Influencer Sponsorship and Testimonials

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

The Federal Trade Commission released an influencer sponsorship guide in 2019, “Disclosures 101 for Social Media Influencers” (the “Guide”), in an attempt to curtail the scourge of deceptive ads published by social media influencers. In the past, we have blogged about how advertisers and influencers have come under investigation for failing to adequately disclose their professional relationships.

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TCPA Terms- Klein Moynihan Turco LLP

No Arbitration Without Clear and Enforceable TCPA Terms

Blog, Telemarketing Law /

Forming a contract is not as straightforward as it was even 20 years ago. With the application of the Telephone Consumer Protection Act (“TCPA”) to digital marketing, TCPA terms became a crucial component of the formation of a contract between consumers and telemarketers. The Second Circuit Court of Appeals addressed a tricky aspect of this

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Make Your Mobile App Sweepstakes More Appealing

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

The mobile space is currently inundated with mobile apps that serve myriad purposes. If you are in need of a mobile application for a certain function, it’s more than likely that there’s an app for that. Within that competitive environment, it is becoming increasingly difficult for mobile app operators to differentiate their offerings from the crowd and attract

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Sweepstakes Guidelines- Klein Moynihan Turco LLP

Sweepstakes Guidelines: Laws, Rules and Regulations Governing Sweepstakes Promotions

Blog, Sweepstakes & Gaming Law /

Sweepstakes Guidelines Help Ensure Fair Play State and federal governmental bodies in the United States have established a comprehensive framework of laws, rules, and regulations applicable to sweepstakes promotions.  These sweepstakes guidelines are designed to limit potential abuse and help ensure that sweepstakes and similar promotions are conducted as part of a fair and open

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TCPA autodialer- Klein Moynihan Turco LLP

Another Court Relies on Facebook to Dismiss TCPA Autodialer Claims

Blog, Telemarketing Law /

In April, the U.S. Supreme Court settled the question of what qualifies as an autodialer (also called an automatic telephone dialing system) under the Telephone Consumer Protection Act (“TCPA”) in its decision in Facebook v. Duguid. The Court ultimately held that a TCPA autodialer must use a random or sequential number generator to store phone

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