We have gathered some notable stories from the past month. Local Government’s Messages Exempt Under Emergency Purposes Exemption The Telephone Consumer Protection Act (TCPA) contains an exemption for calls made for emergency purposes. During the more than two years that various emergency declarations were in effect due to the Covid-19 pandemic, that emergency purposes exemption… Continue reading March Grab Bag
Tag: Cannabis
Telemarketing and the Cannabis Industry
The legality of the cannabis industry varies wildly from state to state, and even between localities within individual states. Many cannabis companies spend considerable time and resources navigating this confusing legal and regulatory landscape. However, they often fail to understand another risky, similarly complex legal infrastructure: the world of telemarketing regulations.
District Court Cites SCOTUS’s Facebook Ruling in Cannabis Dispensary TCPA Lawsuit
It took less than a week for a District Court to cite the Supreme Court’s ruling in Facebook v. Duguid. In Montanez v. Future Vision Brain Bank, a Colorado court mentions the landmark SCOTUS ruling in Telephone Consumer Protection Act (TCPA) case against a cannabis dispensary. However, the court did not cite Facebook in order… Continue reading District Court Cites SCOTUS’s Facebook Ruling in Cannabis Dispensary TCPA Lawsuit
Cannabis Company Faces $5 Million TCPA Complaint
Cannabis companies remain a significant target for Telephone Consumer Protection Act (TCPA) complaints. The latest—Montanez v. Green Peak Industries LLC—is a class action in the Western District of Michigan Court seeking a whopping $5,000,000 in damages. The defendant is a Michigan-based chain of cannabis dispensaries. Michigan legalized the use of cannabis for recreational purposes in… Continue reading Cannabis Company Faces $5 Million TCPA Complaint
Three More Cannabis Dispensaries Sued for TCPA Violations
As the idiom goes, once is an exception, twice is a coincidence, thrice is a trend. Well, there are so many Telephone Consumer Protection Act (TCPA) complaints being filed against cannabis businesses that it is far beyond the realm of idiom. Three different TCPA class actions have been filed against cannabis dispensaries just within the state of California recently.
Another Cannabis Dispensary Sued for TCPA Violations
As we have covered previously, the emerging cannabis industry has become a major target for Telephone Consumer Protection Act (TCPA) litigation. A recent case from Nevada serves as an illustrative example of the sorts of circumstances that lead to these lawsuits. According to the complaint, two women allege that they visited a cannabis dispensary in… Continue reading Another Cannabis Dispensary Sued for TCPA Violations
Certification Denied in TCPA Class Action Against Cannabis Delivery Company
A recent, unsuccessful Telephone Consumer Protection Act (TCPA) class action demonstrates how the emerging legal cannabis industry is a potential target for TCPA lawsuits. The defendant in the case—Derval v. Xaler, Case No 2:19-CV-01881-ODW (JEMx), 2020 U.S. Dist. LEXIS 13912 (C.D. Cal. Jan. 28, 2020)—is Xaler, a California-based cannabis delivery company. The plaintiff claimed that… Continue reading Certification Denied in TCPA Class Action Against Cannabis Delivery Company
California Court Rules in Favor of Marijuana Mobile App in TCPA Case
A California district court issued a ruling in favor of the defendant in an unusual Telephone Consumer Protection Act (TCPA) class action case involving a company that operates a mobile app designed to deliver cannabis products. The court granted a motion by the defendant to compel arbitration, which could have significant implications for future litigation… Continue reading California Court Rules in Favor of Marijuana Mobile App in TCPA Case