Company Banned for FTC Telemarketing Law Violations
David Klein
December 2, 2021
On TCPA
Brush Up on Telemarketing
How the Facebook Decision Has Changed the Autodialer Factors Analysis
David Klein
October 25, 2021
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.
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Company Banned for FTC Telemarketing Law Violations
The Federal Trade Commission (“FTC”) filed a complaint alleging that Lifewatch, Inc., violated various telemarketing laws by sending consumers misleading robocalls. The FTC claimed that
How the Facebook Decision Has Changed the Autodialer Factors Analysis
As readers know by now, the Supreme Court’s April 2021 decision in Facebook v. Duguid has changed and clarified how courts interpret what constitutes an
TCPA Reassigned Number Database Coming Online: What You Need to Know
The Telephone Consumer Protection Act (“TCPA”) prohibits placing certain telemarketing calls to consumers without obtaining their prior express written consent. The TCPA is a strict
Does Your Company Need a Telemarketing Legal Opinion Letter?
For businesses operating in the telemarketing space, circumstances often arise in which an existing or potential contracting partner requires certain assurances regarding compliance relating with
Telemarketing List Management Agreements: Age of Consent
Through the course of interacting with consumers, and in connection with various ongoing commercial relationships with those consumers, business owners of all kinds are frequently
TCPA Consent Issues Defeat Class Certification
Obtaining prior express written consent is the fundamental requirement for any telemarketer that wants to avoid violating the Telephone Consumer Protection Act (“TCPA”). In most
Arizona Court Dismisses Autodialer Case
Almost every week, at least one court hands down a new decision interpreting the autodialer ban contained in the Telephone Consumer Protection Act (“TCPA”). In
TCPA Class Action Lawsuit Defense: A Primer
The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded in the past few years. Congress and regulators cannot seem to keep up
The Complete (Almost) TCPA Compliance Checklist for Telemarketers
Telemarketing is sometimes misunderstood, oversimplified, and even viewed negatively. There is much more to it than the unexpected call you get from a strange number
FTSA Litigation: Have You Been Sued Under the Florida Telephone Solicitation Act?
On July 1, 2021, Florida’s version of the Telephone Consumer Protection Act (“TCPA”), the Florida Telephone Solicitation Act (“FTSA” or the “Act”), went into effect.
Court Narrows TCPA Fax Opt-Out Rule
The late Justice Scalia often said, “The law means what it says and says what it means.” The ever-evolving Telephone Consumer Protection Act (“TCPA”) sometimes
The Telemarketer’s Guide to Do-Not-Call Compliance
To launch a telemarketing campaign, businesses will need to build their contact lists with an understanding of how the National Do-Not-Call Registry works, how the