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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 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

TSR Changes: What You Need to Know
On April 28, 2022, the Federal Trade Commission (“FTC”) unanimously approved a Notice of Proposed Rulemaking (“NPRM”) and an Advanced Notice of Proposed Rulemaking (“ANPRM”)

FTC Begins TSR Rulemaking Process, Targets Repeal of B2B Exception
In a recently released Advanced Notice of Proposed Rulemaking (“Notice”), the Federal Trade Commission (“FTC”) is seeking comment on certain important proposed amendments to the

Eighth Circuit Confirms Narrow TCPA Autodialer Definition
Just one year ago, the U.S. Supreme Court forever changed the telemarketing world with its opinion in Facebook, Inc. v. Duguid. In Facebook, the Court

TCPA Fax Exception: Saving Your Business From Liability
While not as popular as they used to be, faxes still provide telemarketers a worthwhile avenue to find potential customers. But using faxes to advertise

Robocall Violations, VoIP Providers, and the FTC
The Federal Trade Commission (“FTC”) recently sent a strong message in enforcing its demands for information from certain VoIP providers. As part of an investigation

FTSA Amendment Bill Could Bring Needed Clarity
The telemarketing world tilted on its axis last year when Florida enacted the Florida Telephone Solicitation Act (“FTSA”). The FTSA is Florida’s answer to the

TCPA Safe Harbor Exception Saves Telemarketer Big Money
The Telephone Consumer Protection Act (“TCPA”) restricts contacting consumers whose phone numbers are on the National Do Not Call Registry unless the telemarketer has obtained

The TCPA SMS Rules Keep Changing: Why You Need a Telemarketing Attorney to Keep Up
Thirty years ago, telemarketers exclusively used phone calls as their preferred advertising medium. In 1991, Congress passed the Telephone Consumer Protection Act (“TCPA”) to protect

TCPA Law: Why You Need a Telemarketing Attorney More Than Ever
In the early ‘90s, Congress passed the Telephone Consumer Protection Act (“TCPA”) to restrict certain telemarketing activities. The TCPA’s essential purpose is to protect consumers

Fax Marketing and the TCPA
Fax marketing offers a valuable channel of advertising for telemarketers. While fax machines are not as ubiquitous as they once were, telemarketers can still take

Appeals Court Affirms FCC’s Rule Repeal in Fax Marketing Decision
While traditional fax machines are less and less common today, litigation over fax marketing remains as rampant as ever. The Telephone Consumer Protection Act (“TCPA”)