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
FTSA Amendment Bill Could Bring Needed Clarity
The telemarketing world tilted on its axis last year when Florida enacted the Florida Telephone Solicitation Act (“FTSA”). The FTSA is Florida’s answer to the
TCPA Safe Harbor Exception Saves Telemarketer Big Money
The Telephone Consumer Protection Act (“TCPA”) restricts contacting consumers whose phone numbers are on the National Do Not Call Registry unless the telemarketer has obtained
The TCPA SMS Rules Keep Changing: Why You Need a Telemarketing Attorney to Keep Up
Thirty years ago, telemarketers exclusively used phone calls as their preferred advertising medium. In 1991, Congress passed the Telephone Consumer Protection Act (“TCPA”) to protect
TCPA Law: Why You Need a Telemarketing Attorney More Than Ever
In the early ‘90s, Congress passed the Telephone Consumer Protection Act (“TCPA”) to restrict certain telemarketing activities. The TCPA’s essential purpose is to protect consumers
Fax Marketing and the TCPA
Fax marketing offers a valuable channel of advertising for telemarketers. While fax machines are not as ubiquitous as they once were, telemarketers can still take
Appeals Court Affirms FCC’s Rule Repeal in Fax Marketing Decision
While traditional fax machines are less and less common today, litigation over fax marketing remains as rampant as ever. The Telephone Consumer Protection Act (“TCPA”)
Company Banned for FTC Telemarketing Law Violations
The Federal Trade Commission (“FTC”) filed a complaint alleging that Lifewatch, Inc., violated various telemarketing laws by sending consumers misleading robocalls. The FTC claimed that
How the Facebook Decision Has Changed the Autodialer Factors Analysis
As readers know by now, the Supreme Court’s April 2021 decision in Facebook v. Duguid has changed and clarified how courts interpret what constitutes an
TCPA Reassigned Number Database Coming Online: What You Need to Know
The Telephone Consumer Protection Act (“TCPA”) prohibits placing certain telemarketing calls to consumers without obtaining their prior express written consent. The TCPA is a strict
Does Your Company Need a Telemarketing Legal Opinion Letter?
For businesses operating in the telemarketing space, circumstances often arise in which an existing or potential contracting partner requires certain assurances regarding compliance relating with
Telemarketing List Management Agreements: Age of Consent
Through the course of interacting with consumers, and in connection with various ongoing commercial relationships with those consumers, business owners of all kinds are frequently
TCPA Consent Issues Defeat Class Certification
Obtaining prior express written consent is the fundamental requirement for any telemarketer that wants to avoid violating the Telephone Consumer Protection Act (“TCPA”). In most