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Get Out of TCPA Jail Free Card? Maintain a DNC Policy!
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

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

FCC Asked to Clarify Scope of TCPA Opt-Out Requests
The Federal Communications Commission (“FCC”) is in the process of evaluating whether to issue a declaratory ruling which would provide clarification on if and how

The New CCPA has Passed in to Law. Now When Does it Take Effect?
Since 2018, businesses have been working diligently to hit the ever-moving target of California Consumer Privacy Act (“CCPA”) compliance. Just as the California Attorney General

NY AG to Investigate Election-Related Robocall Law Violations
On November 3, 2020, Election Day, New York Attorney General Letitia James issued a press release addressing suspicious robocalls received by New York residents in