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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.
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Be Specific: TCPA Standing in the Eleventh Circuit
Federal courts are courts of limited jurisdiction, meaning that those courts have more stringent rules for plaintiffs to follow in order to get in the

BREAKING NEWS: Supreme Court Issues Huge Decision in Facebook TCPA Law Case
On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid

A Beginner’s Guide to TCPA Litigation Defense
You have just been served with a complaint that alleges that your company violated the Telephone Consumer Protection Act (“TCPA”). The Complaint alleges that a

TCPA Wrong Number Litigation: A Class Action Story
Many of our clients inquire concerning how the Telephone Consumer Protection Act (“TCPA”) treats calls or texts that are placed/sent to the wrong number. This

TCPA Fax Liability: What’s Your Motivation?
Recently, a federal court in Illinois dismissed Telephone Consumer Protection Act (“TCPA”) claims against an animal health and wellness company, Elanco Animal Health, Inc. (“Elanco”).

TCPA Vicarious Liability: It is About Control
Recently, an Arizona federal district court dismissed Telephone Consumer Protection Act (“TCPA”) claims against a Florida-based cruise ship company. The Court based its decision on

FCC TCPA Ruling Exempts Certain Clinical Trial Calls
In a January 15, 2021 ruling, the Federal Communications Commission (“FCC”) exempted certain telephone calls from the Telephone Consumer Protection Act (“TCPA”) ban on artificial

TCPA For Dummies
The beginning of a new year is always an appropriate time to set goals for the months ahead. This is especially true for businesses that

PPE Advertisements Lead to TCPA Fax Lawsuit
A class action lawsuit has been filed against a medical equipment seller for alleged violations of the junk fax provisions of the Telephone Consumer Protection

Government Contractors Subject to New FCC TCPA Robocall Rules
On December 14, 2020, the Federal Communications Communication (“FCC”) issued an Order on Reconsideration (“Order”) overturning a 2016 decision that allowed federal government contractors to

Does the TCPA Apply to Text Messages?
As its name suggests, the Telephone Consumer Protection Act of 1991 (“TCPA”) was drafted, debated, passed, and signed into law well before cell phones became

SCOTUS Hears Argument to Settle TCPA ATDS Definition
The United States Supreme Court (“SCOTUS”) held oral arguments this week on Facebook, Inc. v. Duguid. The Justices are being asked to provide the definitive