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.

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Meta Pixel Case Survives Motion to Dismiss

Readers of this blog are well aware of the proliferation of lawsuits alleging that websites which utilize Meta Pixel tracking software violate the California Invasion of Privacy Act (“CIPA”). These lawsuits typically allege that the use of Meta Pixel technology, without consumer consent, violates CIPA’s wiretapping provision or its provision prohibiting the use of pen […]

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Email Tracking CIPA Wiretapping Victory!

Although the California Invasion of Privacy Act (“CIPA”) lawsuit train shows no signs of slowing down, a California federal judge recently derailed a CIPA email tracking lawsuit when it dismissed claims mirroring those asserted in other CIPA online tracking lawsuits. Below, we discuss the decision and its implications for future email tracking CIPA claims.   Email

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Cannabis Ads Must Comply with State Regulations

Licensed cannabis retailers are popping up all over New York State, making it more convenient for consumers to find a State-sanctioned establishment. But with the proliferation of licensed retailers comes necessary regulatory oversight. The Office of Cannabis Management (“OCM”) was formed to implement regulations applicable to the production and sale of adult-use and medical cannabis

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Maintain Internal Do Not Call List Compliance Procedures or Face the Consequences!

Last month, Lendify Associates LLC (“Defendant”) was sued in the Central District Court of California for allegedly violating the internal Do Not Call (or “DNC”) list compliance requirements of the Telephone Consumer Protection Act (“TCPA”). As our readers are aware, the TCPA contains various provisions designed to restrict certain telephone solicitations that may invade upon

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Daniel’s Law Lawsuits – Constitutionality Update

Our readers may recall our prior pieces in which we discussed a New Jersey State privacy law, colloquially known as Daniel’s Law. As our readers know, many of the defendants in these Daniel’s Law lawsuits challenged the statute’s constitutionality, and the United States Court of Appeals for the Third Circuit (“Third Circuit”) is expected to

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Help Ensure Delivery of Your 10DLC Texts with TCR Assistance

Over the past few months, securing approval for listing on The Campaign Registry (“TCR”) has become significantly more difficult. Why? Because virtual phone service providers (“service providers”) continue to update internal TCR registration procedures as they receive feedback from U.S. mobile carriers. As a result, many businesses are now dealing with a higher rate of

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Caller ID and Text Messages

In Newell v. JR Capital, LLC, a Pennsylvania federal court recently considered, among other things, whether the Telephone Consumer Protection Act’s (“TCPA”) caller identification (“Caller ID”) requirements apply to text messages. Below, we discuss the decision in detail and its implications for telemarketers.   Private Right of Action for Failing to Comply With Caller ID Requirements  

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