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Two of our points of emphasis for Telephone Consumer Protection Act (TCPA) compliance are: 1) litigators can be extremely tricky; and 2) the TCPA can be very expensive. A series of recent lawsuits against a single defendant all by a single plaintiff’s attorney illustrate these points.
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 to dismiss the case—at least, not yet.
This morning, the Supreme Court handed down their highly anticipated ruling in Facebook v. Duguid. Upending Telephone Consumer Protection Act (TCPA) enforcement as we know it, the court finally set a nationwide precedent for how to interpret the law’s definition of automatic telephone dialing system (ATDS).
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.