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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

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

No Arbitration Without Clear and Enforceable TCPA Terms
Forming a contract is not as straightforward as it was even 20 years ago. With the application of the Telephone Consumer Protection Act (“TCPA”) to

Another Court Relies on Facebook to Dismiss TCPA Autodialer Claims
In April, the U.S. Supreme Court settled the question of what qualifies as an autodialer (also called an automatic telephone dialing system) under the Telephone

Split Decision: 5th and 11th Circuits Diverge on TCPA Standing
Standing, or the right to bring a lawsuit, is a contentious and often complicated doctrine in the world of the Telephone Consumer Protection Act (“TCPA”).

Does Your Business Need a TCPA Opinion Letter?
Businesses conducting outbound marketing through use of text messages, phone calls, voicemail drops, and fax advertisements must regularly evaluate whether their telemarketing practices comply with

What Type of Fax is a TCPA Advertisement?
The Telephone Consumer Protection Act (“TCPA”) prohibits the sending of unsolicited commercial fax advertisements. Pursuant to the TCPA, companies cannot send advertisements via telecopier without

Facebook Aftermath: Courts Clarify Definition of TCPA Autodialer
On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning

The Critical Role that the TCPA Plays in Outbound Telemarketing
If you’re running any sort of outbound telemarketing campaign – phone calls, voicemail drops, or text messaging – you need to understand the Telephone Consumer

An Ad or not an Ad: NY Weighs in on TCPA Surveys
Another day, another court decision that refines constitutes a Telephone Consumer Protection Act (“TCPA”) unsolicited fax advertisement. A Manhattan-based federal court recently issued a decision