The TCPA and Cannabis: Navigating the Litigation Minefield

The Telephone Consumer Protection Act (TCPA) was enacted by the Federal Communications Commission in 1991 to restrict autodialed telemarketing communications made via calls and fax messages made without the recipient's consent. Since then, the Act's evolving interpretations and conflicting court rulings have vexed consumer-facing businesses, many of which have unintentionally found themselves on the wrong side of the law. Unfortunately for these businesses, the TCPA has also created a lucrative cottage industry for professional plaintiffs. Because the Act allows private plaintiffs to sue on a class-basis, businesses calling and texting consumers can face potentially ruinous fines, and in many instances, are confronting multimillion or even multibillion-dollar lawsuits.

Cannabis and CBD companies and their affiliates are now finding themselves to be the latest targets of professional TCPA plaintiffs. Critically, these suits are largely arising from seemingly innocuous activities such as collecting consumers' phone numbers or failing to secure proper authorization to send text messages. This program will examine the growing impact on the cannabis industry of the TCPA and other state and federal telemarketing regulations. Participants will learn the unique risks faced by cannabis entities, how to assess organizations for hidden vulnerabilities, and how to help insulate their cannabis clients from the extreme liability the TCPA can impose. 

Learning Objectives:

1. Explore the ins and outs of the TCPA, including the necessary elements of an alleged violation, and the statutory damages that can be imposed

2. Discover the risks and consequences of the TCPA in the cannabis industry, and how to mitigate the enormous liability the law can inflict

3. Review consumer protection best practices to help safeguard cannabis businesses from becoming a target for TCPA plaintiffs

4. Identify the top litigation trends involving the cannabis industry and the TCPA