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
Ringless Voicemails Require TCPA Consent
On November 21, 2022, the Federal Communications Commission (the “FCC” or “Commission”) issued a declaratory ruling and order finding that “ringless voicemails” are subject to
Duguid v. Facebook, Footnote 7: TCPA Landscape Significantly Altered by Ninth Circuit Decision
It has been about one year and eight months since the United States Supreme Court released its landmark decision in Facebook v. Duguid. Since then,
Oklahoma’s New Telemarketing Law Goes into Effect, Joining Other States with Mini-TCPAs
On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. Following a trend set by Florida, Oklahoma decided to enact its own rules to
The Oklahoma Telephone Solicitation Act (“OTSA”) is Now in Effect, will Lawsuits be Next?
A small handful of states have enacted their take on the Federal Telephone Consumer Protection Act (“TCPA”), prohibiting the use of automated telephone sales calls
Beware of TCPA Serial Litigants
WHAT IS A TCPA SERIAL LITIGANT? Also known as repeat plaintiffs, these are individuals who have filed numerous lawsuits alleging violations of the Telephone Consumer
New Bill Could Significantly Impact Michigan Telemarketing
On June 30, 2022, Michigan State Representative Mari Manoogian introduced House Bill 6307. Prefaced as “[a] bill to prescribe the rights and duties of parties
TOOLEY: THE LATEST FTSA CLASS ACTION
Tooley v. Urban Outfitters, Inc. On September 15, 2022, Martin Tooley filed a lawsuit on behalf of himself and other similarly situated individuals against Urban
9th Circuit Sets Trend on Valid Consent for Website Visit Recordings
In May 2022, the Ninth Circuit Court of Appeals held that prior express consent must be obtained in order to legally record a user’s website
Florida TCPA Action Survives Motion to Dismiss
In a recent Florida putative class action, Pariseau v. Built USA, LLC, plaintiff alleged that defendant violated the Telephone Consumer Protection Act (“TCPA”) as well as the
The Pursuit of Robinhood Continues as Court Keeps Text Lawsuit Alive
A Washington State District Court has denied Robinhood Financial LLC’s (“Robinhood”) motion to dismiss a class action text lawsuit. Robinhood, a cellphone-based brokerage application, became
Did this Fresh Subway TCPA Litigation Decision Refresh a New Type of Claim?
As telemarketing litigation under the Telephone Consumer Protection Act (“TCPA”) continues to evolve (and, in some ways, narrow), more plaintiffs are relying on theories of
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