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Washington Email Marketing Climate Has Changed!

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
Twitter Joins Battle Over Definition of “Autodialer” Under TCPA
November 10, 2014 On Tuesday November 4, 2014, social media giant Twitter, Inc. (“Twitter”) fully submitted a motion to dismiss a Telephone Consumer Protect Act
FTC Settles Lawsuit with Popular Online Dating Service
October 30, 2014 Over the last several years, online dating sites have surged in popularity, with many servicing a staggeringly large numbers of users. In
Crunch Crushes TCPA Class Action Lawsuit
October 29, 2014 The United States District Court for the Southern District of California recently dismissed a putative class action filed against Crunch San Diego,
Online Marketers Settle Telemarketing and Cramming Lawsuit for $10 Million
October 23, 2014 On October 22, 2014, the Federal Trade Commission (“FTC”) announced that it had settled a long-standing case against a group of defendants
WordSmart Educational Services Settles FTC Deceptive Advertising Lawsuit for $18+ Million
October 13, 2014 On October 9, 2014, the Federal Trade Commission (“FTC”) announced that WordSmart Corporation (“WordSmart”), the popular retailer of children’s educational products, agreed
More on TCPA “Autodialers”
This blog recently discussed a split in the courts over the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act
Courts Split Over Definition of “Autodialer” Under TCPA
In April of 2014, we asked What is an “Autodialer” under the TCPA? At that time, a federal court in Pennsylvania had declined to find
What to Do When You Are the Victim of Data Theft
How Data Theft Occurs In today’s digital world, the theft, copying or destruction of your databases, customer lists or trade secrets is often as simple
New Jersey and California Internet Poker and Online Gaming News
Recently, six (6) well known New Jersey Internet poker and online gaming affiliate marketers received cease and desist letters from the New Jersey Attorney General’s
FCC Finds Robocalling Service Provider Liable for TCPA Violations
On May 7, 2014, the Federal Communications Commission (“FCC”) issued a notice of apparent liability ruling which held that a robocalling service provider may be

What is an “Autodialer” under the TCPA?
As many of our readers are aware, the Telephone Consumer Protection Act (“TCPA”) regulates unsolicited telemarketing calls, texts and faxes that utilize autodialers or pre-recorded messages.
Affiliate Marketing Agreements: Don’t Get Stuck in the Middle
Operating an affiliate marketing network can be an effective means of leveraging the marketing capacity of thousands of web venues and marketers without actually incurring