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Proceed With Caution – DNC List Lawsuit Ends With Massive Settlement
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

The Telemarketer’s Guide to TCPA Consent
Because of the growing ability – and need – to reach consumers through telemarketing technology, businesses (and their call centers) face the growing risk of

Arizona Court Splits with Majority on Autodialer TCPA Violations
The law rarely moves in a uniform direction. This is especially true when it comes to the Telephone Consumer Protection Act (“TCPA”). Several recent

SMS Text Messaging and the TCPA
Short Message Service (SMS) text messaging has become a ubiquitous form of communication for people over the last decade. Consequently, marketers and advertisers who are

How to Navigate TCPA Liability on Your Website: Clickwrap v. Browsewrap.
The Telephone Consumer Protection Act (“TCPA”) protects consumers against the receipt of certain unsolicited telemarketing calls, faxes, and text messaging. Businesses that violate TCPA regulations

No Early Dismissal in post-TCPA Facebook Case
Recently, a Missouri federal court analyzed how the United States Supreme Court decision in Facebook v. Duguid (“Facebook”) interprets the Telephone Consumer Protection Act (“TCPA”).

Telemarketing Call Center Agreements: Make the Right Call
Communicating with consumers via telephone and text messaging has become an increasingly effective means of consumer outreach. To do it correctly, comprehensive and well-drafted call

Federal Court Dismisses Autodialer Law Claims
Recently, a Michigan federal court delivered another blow in favor of telemarketers by dismissing a case captioned Barry v. Ally Financial, Inc. brought under the

New Florida TCPA Legislation SIGNED and EFFECTIVE JULY 1!!!!
On June 29, 2021, Florida Governor, Ron DeSantis, signed CS/SB 1120 into law (the “Law”). Telemarketing businesses will notice many similarities between the Law and

Court Clarifies What a TCPA Number Generator Is
A California federal court recently joined a North Carolina court in clarifying that the Telephone Consumer Protection Act (“TCPA”) contains a narrow definition of “autodialer.”

Illinois Court Uses Facebook to Dismiss TCPA ATDS Claims
Since the U.S. Supreme Court decided Facebook v. Duguid in April, trial courts have employed the decision to analyze Telephone Consumer Protection Act (“TCPA”) cases

FTC Recovers $30 Million in DNC List Violation Settlement
The Federal Trade Commission (“FTC”) recently announced the settlement of a lawsuit with the Career Education Corporation (“CEC”). The operator of post-secondary education institutions was

TCPA Footnote 7 Cannot Save Autodialer Claims
In the U.S. Supreme Court’s decision in Facebook v. Duguid, the Court clarified the definition of the term “autodialer” as used in the Telephone Consumer