For some reason, many cannabis businesses believe that because they’re already violating the federal Controlled Substances Act, they’re free to violate other existing federal laws. This of course is not the case, and never has been. Even though cannabis businesses can’t get legitimate recognition or fair treatment from the Department of Justice or the Drug Enforcement Administration, it doesn’t mean that they’re otherwise exempt from compliance with existing federal laws, including consumer protection laws that apply to all businesses throughout the United States.
The latest legal debacle for unwitting cannabis businesses are violations of the Telephone Consumer Protection Act (“TCPA“). Plaintiffs’ lawyers are quickly recognizing how vulnerable/unaware cannabis businesses are when it comes to TCPA compliance.
Passed by Congress in 1991, the TCPA is a strict liability statute designed to fight incessant “robocalls” and aggressive/abusive telemarketers that plague unconsenting consumers. The TCPA provides, in relevant part:
It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States … to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any