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.

Running a sweepstakes? Discuss 'sweepstakes consideration' with a sweepstakes lawyer

Running a Sweepstakes? Beware of Triggering the Sweepstakes Consideration Element

Blog, Online Gambling Law, Sweepstakes & Gaming Law /

Businesses often employ sweepstakes promotions as a marketing vehicle to promote their goods and services. Sweepstakes can also constitute the business itself, e.g., Publishers Clearing House.  When done well, sweepstakes can become cultural phenomena, such as the McDonald’s Monopoly sweepstakes promotion. Alternatively, when done poorly, sweepstakes can have adverse business consequences and cause marketing teams […]

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Facebook TCPA case explained by KMT's telemarketing TCPA lawyers

BREAKING NEWS: Supreme Court Issues Huge Decision in Facebook TCPA Law Case

Blog, Telemarketing Law /

On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid and held that for a device to constitute an “Automatic Telephone Dialing System” (“ATDS”) within the meaning of the Telephone Consumer Protection Act of 1991 (“TCPA”), that device must have

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Fashion Nova Mail Order Rule Violations- Klein Moynihan Turco

FTC to Pay Consumers for Retailer’s Alleged Mail Order Rule Violations

Blog, Online Marketing & Advertising Law /

On March 25, 2021, the Federal Trade Commission (“FTC”) announced that it will pay approximately $6.5 million to more than 500,000 consumers who were affected by online fashion retailer Fashion Nova Inc.’s (“Fashion Nova”) alleged violations of the FTC’s mail order rule (“Mail Order Rule”).  Under the terms of the FTC’s settlement with Fashion Nova,

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Affiliate Marketing Attorneys: Why You Need One

Affiliate Marketing Attorneys: Why You Need One

Blog, Online Marketing & Advertising Law /

Affiliate marketing networks (as well as internal affiliate marketing programs) present businesses with an effective means of leveraging a large pool of independent marketers (“publishers” or “affiliates”), without the need to expend resources locating and negotiating separate contractual arrangements with each of those publishers.  By nature, affiliate marketing involves working with a large volume of

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tcpa wrong number class action

TCPA Wrong Number Litigation: A Class Action Story

Blog, Telemarketing Law /

Many of our clients inquire concerning how the Telephone Consumer Protection Act (“TCPA”) treats calls or texts that are placed/sent to the wrong number. This is particularly relevant in the case of class action litigation, begging the question: can a class of wrong-number call/text recipients get certified? A recent decision by a federal district court

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California Attorney General Announces New CCPA Changes

California Attorney General Announces New CCPA Changes

Blog, Data & Privacy Law /

California Attorney General Xavier Becerra first announced changes to the California Consumer Privacy Act (“CCPA”), effective March 15, 2021. In August 2020, the Office of Administrative Law (“OAL”) approved the California Department of Justice’s final CCPA regulations. The March 15, 2021 CCPA changes attempt to strengthen and clarify the language set forth in the finalized

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