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Use of Tracking Tools Requires Notice and Consent!

David O. Klein
David Klein is one of the most recognized attorneys in the telemarketing, 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.
Most Recent

VPPA Lawsuit Against Major Video Game Studio Dismissed
On April 2, 2025, the United States District Court for the Northern District of California granted Defendant’s Motion to Dismiss in Lakes et al. v.

Use of Tracking Tools Requires Notice and Consent!
When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking

What Is An AI-Generated Call?
With AI-generated content becoming more widespread daily, the Federal Communications Commission (“FCC” or “Commission”) has solicited comments from the general public and companies alike in

Is AI Calling Legal?
The Federal Communications Commission (“FCC” or “Commission”) continues to evaluate how artificial intelligence (“AI”) technology impacts the telemarketing industry. As our readers may recall, the

Do You Need Help With TCR Registration?
If you are the owner of a telemarketing business, there is a good chance that you are familiar with The Campaign Registry (“TCR”). TCR registration

Email Marketing Compliance
Our readers may recall a prior piece in which we discussed email marketing compliance, and a California statute which prohibits the sending of false or

CIPA TikTok Claims
Our readers are well aware of the proliferation of lawsuits alleging California Invasion of Privacy Act (“CIPA”) violations against companies that use third-party tracking technology

FTC Takes Aim at Deceptive Earnings Claims
This week, the Federal Trade Commission (“FTC”) proposed changes to the Business Opportunity Rule, together with the possible enactment of a new Earnings Claim Rule.

Is a Bitcoin Sweepstakes Promotion Legal?
Earlier this year, Coinbase ran a Bitcoin sweepstakes promotion offering the chance to win one of six prizes, with the top two prizes amounting to

Open Enrollment Marketing – The Do’s and Don’ts
With Medicare’s open enrollment period (October 15, 2024 – December 7, 2024) in full swing, now is a good time to discuss the many nuances

Are Law Firms Susceptible to TCPA ATDS Claims?
On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the

FTC Finalizes Subscription Renewal Rulemaking
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