Cannabis companies are increasingly the targets of putative
class action lawsuits brought under the Telephone Consumer
Protection Act (TCPA). Dozens of lawsuits alleging TCPA violations
have been filed against cannabis industry participants, including
marketers, and lawsuits continue to be filed at a steady
rate. August alone saw a TCPA lawsuit filed against an
industry giant, as well as a notable federal decision regarding a
cannabis marketer's request to stay a TCPA lawsuit against
it.
On August 12, 2020, a consumer filed a TCPA case in the Southern
District of New York against Curaleaf Inc., which markets itself as
the “world's largest cannabis company by revenue and
the most diversified vertically integrated cannabis company in the
United States.” The plaintiff alleges that, among other
things, Curaleaf “bombard[s] consumers' mobile phones
with non-emergency advertising and marketing text messages without
prior express written consent.” Brooks v. Curaleaf,
Inc.,
