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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
Accessing the National Do Not Call Registry: Telemarketer Fees Increase as of October 1, 2014
The Telemarketing Sales Rule (“TSR”), as amended, prohibits calls to consumers who have placed their phone numbers on the National Do Not Call Registry. Since
More on TCPA “Autodialers”
This blog recently discussed a split in the courts over the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act
Courts Split Over Definition of “Autodialer” Under TCPA
In April of 2014, we asked What is an “Autodialer” under the TCPA? At that time, a federal court in Pennsylvania had declined to find
In Upholding the Constitutionality of the TCPA, Court Narrowly Construes Autodialer Definition
The United States District Court for the Southern District of Florida recently considered the constitutionality of the Telephone Consumer Protection Act (“TCPA”) in an action
Capital One Settles Record Shattering TCPA Lawsuits for $75M
Capital One Financial Corp. (“Capital One”), Capital Management Services, L.P. (“CMS”), AllianceOne Receivables Management Inc. (“AllianceOne”) and Leading Edge Recovery Solutions, LLC (“Leading Edge”) (collectively
Court Finds No Long Arm Jurisdiction Exists Over Principal in TCPA Lawsuit
A federal judge for the District of Utah declined to exercise jurisdiction over the principal of a New York company that is being sued for
Ninth Circuit Outlines TCPA Vicarious Liability Standard
On July 2, 2014, the United States Court of Appeals for the Ninth Circuit issued a ruling outlining the vicarious liability pleading standard under the
FTC Sues Corporate Officers For Alleged Robocall and Text Message Marketing Scheme
The Federal Trade Commission (“FTC”) recently filed its amended complaint in the action captioned Federal Trade Commission v. Acquinity Interactive, LLC, et al., Case No.
New Canada Anti-Spam Legislation Effective July 1, 2014
Will Your Marketing Campaign Be the Target of a Class Action Lawsuit or Regulatory Investigation for Failing to Comply with Canada’s Anti-Spam Legislation?
Wait – I Got Prior Express Written Consent to Call! I May Still be Violating the TCPA?
So you think you know the Telephone Consumer Protection Act (“TCPA”) inside and out – and you have put all of the pieces in place
FTC Sues Companies and Officers For Alleged Phony Debt Relief Scheme
The Federal Trade Commission (“FTC”) recently filed a complaint for permanent injunction and other equitable relief against multiple companies, including DebtPro123 LLC, and their officers,
Connecticut State Law Increases Penalties for TCPA Violations
*** UPDATE*** This statute has gone into effect as of October 1, 2014. As we have detailed countless times on this blog, the Telephone Consumer