
Brush Up on Telemarketing


No Caller ID? Court Says No Problem in Recent TCPA Decision
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
Cynosure Settles Fax TCPA Class Action for $16 Million
January 30, 2017 On Thursday, the parties in ARcare, Inc. v. Cynosure, Inc., an action concerning the Telephone Consumer Protection Act (“TCPA”), filed a motion
5 Hour Energy Deceptive Practices Lawsuit Survives Challenge
January 27, 2017 A federal court in the Central District of California has denied a motion filed by the manufacturers and marketers of the dietary
FTC Settles False Advertising Action Against Breathometer, Inc.
January 26, 2017 On Monday, the Federal Trade Commission (“FTC”) announced that it had settled claims against the marketer of two app-supported smartphone accessories allegedly
Blue Shield Avoids TCPA-Related Liability
January 19, 2017 A federal court in California recently granted a summary judgment motion filed by Blue Shield of California (“Blue Shield”), allowing it to
FTC Announces Settlement of Two Big Robocall Lawsuits
January 18, 2017 Last Friday, the Federal Trade Commission (“FTC”) announced settlements in two separate robocall lawsuits commenced against businesses and their respective principals for
FTC, NY AG Bring Deceptive Advertising Lawsuit Against Dietary Supplement Marketer
January 10, 2017 The Federal Trade Commission (“FTC”) and the New York Attorney General (“NYAG”) have jointly filed a deceptive advertising lawsuit against the marketers
Court Finds “Nuisance” to be Concrete Injury under the TCPA
January 6, 2017 The United States District Court for the Middle District of Florida has ruled that nuisance and invasion of privacy claims are concrete
Eleventh Circuit: Insurer May Have to Cover Fax TCPA Liability
January 5, 2017 Last Thursday, the Eleventh Circuit Court of Appeals vacated a Georgia federal district court’s Telephone Consumer Protection Act (“TCPA”) ruling, finding that
Appeals Court Revives GameStop Deceptive Trade Practices Lawsuit
December 21, 2016 This week, the Second Circuit Court of Appeals reversed a district court ruling that had dismissed GameStop Corp. (“GameStop”) and Webloyalty.com, Inc.
All Natural Marketer Found to have Violated the FTC Act
December 14, 2016 On December 5, 2016, the Federal Trade Commission (“FTC” or “Commission”) issued an opinion finding that California Naturel, Inc. (“CNI”) had violated
AT&T to Issue $88 Million in Consumer Refunds for Mobile Cramming
December 12, 2016 The Federal Trade Commission (“FTC”) has announced an historic consumer refund initiative to provide relief to millions of AT&T Mobility, LLC (“AT&T”)
Fax Marketing and the TCPA
November 30, 2016 The Telephone Consumer Protection Act of 1991 (“TCPA”), as amended by the Junk Fax Protection Act of 2005 (“JFPA”), prohibits, among other