Blog
No Liability for Free-Seminar Fax Under the TCPA
On January 19, 2023, the Third Circuit Court of Appeals held that a fax containing information on an upcoming free-seminar was not an unsolicited advertisement
February 3, 2023
Credentials
B.A. 1989, Colgate University
J.D. 1992, Hofstra University School of Law
L.L.M. 1994, Pace University Law School, Environmental Law
David is admitted to practice in New York and New Jersey, before the US District Court, Southern and Eastern District of New York, and the US District Court in New Jersey.
Overview
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, NFT and Internet agreements. He has an in-depth understanding of Internet, telemarketing and new media law and is established as a leader in structuring and implementing major technology agreements.
Well-versed in sweepstakes law, NFT law, gaming law, and laws pertaining to fantasy sports and other promotions, David helps steer clients through the ever-evolving legal landscape associated with their new media ventures (ensuring that all creative material complies with applicable law, drafting new media marketing agreements and drafting contest rules for sweepstakes and other promotions).
Areas of Focus
- E-commerce, Internet Marketing, Social Media, E-mail Marketing and Advertising Law
- Telemarketing Law
- NFT Law
- Promotions Law and Sweepstakes Law
- Gaming Law and Fantasy Sports Law
- Mobile Marketing Law
- Privacy and Data Security Law
- Telecommunications Law
- Copyright and Trademark Law
- Domain Name Controversies
- Software Licensing
- Trade Secret Misappropriation Claims
Professional Activities
David represents clients before the New York State trial and appellate courts, federal courts, the Federal Communications Commission, the Federal Trade Commission, State Public Service Commissions, state attorneys general, as well as before the American Arbitration Association and other arbitral tribunals. He is an active member of the Fantasy Sports Trade Association (FSTA).
David speaks and writes extensively on intellectual property, telemarketing and Internet marketing, promotions, and technology issues. His legal analysis has been featured on Fox News, the Wall Street Journal, Yahoo! Finance, the Washington Post, BuzzFeed, Bloomberg Business and other popular news outlets. David has authored numerous articles for AdWeek, Law360, Justia, PHONE+, Revenue, Feedfront, Revenue Performance, Website Magazine, Vice and other publications.
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Featured Articles
Blog
A Primer on TCPA Consent Language
More and more businesses are engaging potential customers via telemarketing. With this comes the growing risk of contacting consumers who have not provided proper TCPA
February 3, 2023
Blog
More Revisions to the Draft Rules of the Colorado Privacy Act
A handful of states are cracking down on the use of consumer personal data by creating and enforcing strict data privacy laws. The most recent
January 31, 2023