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Cannabis Company Faces $5 Million TCPA Complaint

An open jar of cannabis, with other buds on the table

Posted by Chris Alarie on Mon, 03/15/2021 - 11:03

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 2018. The plaintiff alleges that the defendant sent her promotional text messages without her consent offering free cannabis products. Interestingly, in addition to a nationwide TCPA class, she seeks to represent a nationwide class for Do Not Call (DNC) list violations despite the fact that her phone number is not registered on the DNC list.

The trend of cannabis companies facing these sorts of TCPA and DNC lawsuits seems to be increasing. Not even two months ago, we covered three separate examples of TCPA litigation against cannabis companies. The word is out among TCPA plaintiffs that cannabis companies are a juicy target. The industry as a whole would be well served to consider what their needs and obligations are as far as TCPA compliance.