TCPA Text Lawsuits: Does a Single Text Message Confer TCPA Standing?
David Klein
March 16, 2023
On TCPA
Brush Up on Telemarketing
CBD Company Sued for DNC Law Violations
David Klein
March 16, 2023
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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New TCPA Arbitration Decision Provides Roadmap to Enforcement
One under-utilized defense to Telephone Consumer Protection Act (TCPA) claims is reliance on the lead generator’s website Terms and Conditions. In particular, most website Terms
DOJ Announces International Telemarketing Sweepstakes Fraud Scheme
In yet another fraudulent scheme targeting the elderly and vulnerable, two men recently pleaded guilty to running an international telemarketing sweepstakes campaign that defrauded its
Are FTSA Lawsuits Here to Stay?
About a year ago, the Florida Telephone Solicitation Act (“FTSA”) went into effect. The law imposed additional restrictions on telemarketing beyond those contained in the
Third Circuit Decision Broadens TCPA Autodialer Definition?
Courts across the country continue to adapt in the wake of the U.S. Supreme Court’s decision in Facebook, Inc. v. Duguid. A little over a
Trusted Form Wiretap Case Sows TCPA Confusion
For telemarketers, having valid prior express written consent to contact marketing leads is essential for avoiding lawsuits and liability under the Telephone Consumer Protection Act
Marriot Telemarketing Case Shows New Path to Combat Unauthorized Telemarketing
Many businesses have felt the panic and frustration of getting sued for violating the Telephone Consumer Protection Act (“TCPA”) in situations where they had no
New Oklahoma Mini-TCPA Becomes Law
The Telephone Consumer Protection Act (“TCPA”) has established the rules of the road on a federal level for telemarketers since its passage in 1991. In
TSR Changes: What You Need to Know
On April 28, 2022, the Federal Trade Commission (“FTC”) unanimously approved a Notice of Proposed Rulemaking (“NPRM”) and an Advanced Notice of Proposed Rulemaking (“ANPRM”)
FTC Begins TSR Rulemaking Process, Targets Repeal of B2B Exception
In a recently released Advanced Notice of Proposed Rulemaking (“Notice”), the Federal Trade Commission (“FTC”) is seeking comment on certain important proposed amendments to the
Eighth Circuit Confirms Narrow TCPA Autodialer Definition
Just one year ago, the U.S. Supreme Court forever changed the telemarketing world with its opinion in Facebook, Inc. v. Duguid. In Facebook, the Court
TCPA Fax Exception: Saving Your Business From Liability
While not as popular as they used to be, faxes still provide telemarketers a worthwhile avenue to find potential customers. But using faxes to advertise
Robocall Violations, VoIP Providers, and the FTC
The Federal Trade Commission (“FTC”) recently sent a strong message in enforcing its demands for information from certain VoIP providers. As part of an investigation