
Brush Up on Telemarketing


Not Going to California – Wiretap Claims Dismissed
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

New Bill Could Significantly Impact Michigan Telemarketing
On June 30, 2022, Michigan State Representative Mari Manoogian introduced House Bill 6307. Prefaced as “[a] bill to prescribe the rights and duties of parties

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