David Klein Internet Law Attorney

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California and Massachusetts State Wiretapping Laws – The Similarities and Differences

The California Invasion of Privacy Act (“CIPA”) and the Massachusetts Wiretap Act (“MWA”) are state statutes which prohibit the unlawful recording of communications. As our readers can guess, CIPA and MWA originally were enacted to address state criminal law enforcement’s wiretapping of conversations. In the last few years, however, the Plaintiffs’ Bar has seized on […]

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TCPA Text Lawsuits Are a Dangerous Play!

Blog, Telemarketing Law / David Klein

On October 28, 2024, The Sports Prophets Inc. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance provisions of the Telephone Consumer Protection Act (“TCPA”). The TCPA requires that telemarketing companies maintain a list of consumers that have

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Grocery Store Hit with Internal Do Not Call (“DNC”) List Compliance Class Action

Blog, Telemarketing Law / David Klein

On September 10, 2024, La Tropicana Food L.P. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance provisions of the Telephone Consumer Protection Act (“TCPA”). As our readers are aware, the TCPA was signed into law in 1991

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Big Massachusetts Wiretap Victory for Industry

Blog, Telemarketing Law / David Klein

Readers of this blog are aware of the surge in consumer privacy lawsuits alleging that the use of third-party tracking technology to collect consumer data while visiting a website constitutes illegal wiretapping. While most of these lawsuits are filed in California, companies have found themselves defending against these claims in other jurisdictions as well. A

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FTC Finalizes Subscription Renewal Rulemaking

Blog, Internet Law, Online Marketing & Advertising Law / David Klein

On October 16, 2024, the Federal Trade Commission (“FTC”) announced its final rules applicable to recurring subscription plans. According to the FTC, these rules were implemented to make it easier for consumers to stop paying for services they no longer need. As our readers are aware, the public has been submitting commentary on the FTC’s

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CMS Marketing and Personal Beneficiary Information

Blog, Telemarketing Law / David Klein

With Medicare’s open enrollment commencing on October 15, 2024, now is a good time to discuss the Centers for Medicare & Medicaid Services’ (“CMS”) marketing rule changes for the 2025 contract year. In addition to complying with the Telephone Consumer Protection Act (“TCPA”) and other applicable federal and state regulations, marketers (or Third-Party Marketing Organizations

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Sweepstakes Registration and Bonding Requirements

Blog, Sweepstakes & Gaming Law / David Klein

Unique and highly coveted prizes provide an effective means for brands to drive consumer engagement with sweepstakes and promotional contests. Because prizes serve as the lure to entice consumers, sweepstakes operators have an incentive to offer prizes of significant value. However, business should remain mindful that certain state law requirements may be triggered where prize

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CIPA Email Private Right of Action Cases on the Rise

Blog, Data & Privacy Law / David Klein

The surge in consumer privacy claims alleging that the use of third-party tracking technology on websites violates the California Invasion of Privacy Act (“CIPA”) is a topic with which our readers are very familiar. Now, the plaintiffs’ bar has transitioned to email just as marketers are pivoting from telemarketing back to the relatively safer haven

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