The Telephone Consumer Protection Act (“TCPA”) restricts the sending of certain fax advertisements to non-consenting consumers and businesses. Recently, the New York-based Second Circuit Court
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.
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. 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, gaming law, gambling 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
- 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
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, 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 Justia, PHONE+, Revenue, Feedfront, Revenue Performance, Website Magazine and other publications.
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The Federal Trade Commission (“FTC”) recently announced the settlement of a lawsuit against ITMedia Solutions LLC and its affiliates (collectively “ITMedia”) for allegedly violating certain lead
While it might seem like a minor point in what can otherwise be more substantive contract negotiations at the outset of a business relationship, wherever