TOOLEY: THE LATEST FTSA CLASS ACTION
David Klein
September 27, 2022
On TCPA
Brush Up on Telemarketing
9th Circuit Sets Trend on Valid Consent for Website Visit Recordings
David Klein
August 29, 2022
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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TOOLEY: THE LATEST FTSA CLASS ACTION
Tooley v. Urban Outfitters, Inc. On September 15, 2022, Martin Tooley filed a lawsuit on behalf of himself and other similarly situated individuals against Urban
9th Circuit Sets Trend on Valid Consent for Website Visit Recordings
In May 2022, the Ninth Circuit Court of Appeals held that prior express consent must be obtained in order to legally record a user’s website
Florida TCPA Action Survives Motion to Dismiss
In a recent Florida putative class action, Pariseau v. Built USA, LLC, plaintiff alleged that defendant violated the Telephone Consumer Protection Act (“TCPA”) as well as the
The Pursuit of Robinhood Continues as Court Keeps Text Lawsuit Alive
A Washington State District Court has denied Robinhood Financial LLC’s (“Robinhood”) motion to dismiss a class action text lawsuit. Robinhood, a cellphone-based brokerage application, became
Did this Fresh Subway TCPA Litigation Decision Refresh a New Type of Claim?
As telemarketing litigation under the Telephone Consumer Protection Act (“TCPA”) continues to evolve (and, in some ways, narrow), more plaintiffs are relying on theories of
New TCPA Arbitration Decision Provides Roadmap to Enforcement
One under-utilized defense to Telephone Consumer Protection Act (TCPA) claims is reliance on the lead generator’s website Terms and Conditions. In particular, most website Terms
DOJ Announces International Telemarketing Sweepstakes Fraud Scheme
In yet another fraudulent scheme targeting the elderly and vulnerable, two men recently pleaded guilty to running an international telemarketing sweepstakes campaign that defrauded its
Are FTSA Lawsuits Here to Stay?
About a year ago, the Florida Telephone Solicitation Act (“FTSA”) went into effect. The law imposed additional restrictions on telemarketing beyond those contained in the
Third Circuit Decision Broadens TCPA Autodialer Definition?
Courts across the country continue to adapt in the wake of the U.S. Supreme Court’s decision in Facebook, Inc. v. Duguid. A little over a
Trusted Form Wiretap Case Sows TCPA Confusion
For telemarketers, having valid prior express written consent to contact marketing leads is essential for avoiding lawsuits and liability under the Telephone Consumer Protection Act
Marriot Telemarketing Case Shows New Path to Combat Unauthorized Telemarketing
Many businesses have felt the panic and frustration of getting sued for violating the Telephone Consumer Protection Act (“TCPA”) in situations where they had no
New Oklahoma Mini-TCPA Becomes Law
The Telephone Consumer Protection Act (“TCPA”) has established the rules of the road on a federal level for telemarketers since its passage in 1991. In