So, I Can Send SMS Messages and Avoid TCPA Liability? – Not So Fast My Friend!
David Klein
July 30, 2026
On the TCPA, TSR, etc.
Brush Up on Telemarketing
7th Circuit: Unsolicited Texts, The TCPA, and No Private Right Action!
David Klein
July 20, 2026
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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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”)
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.