TCPA and the Cannabis Industry: National Cannabis Industry Association Spokesman Joins Unprecedented Podcast for Intense New Interview

Well folks, this is what is all about.

When a new crop of small business entrepreneurs trying to trailblaze the American business frontiers comes under assault by abusive TCPA lawsuits–we’re the cavalry that comes a chargin’ in.

In our (4)20th Episode of the Unprecedented podcast the team saddles up and rides with National Cannabis Industry Association spokesman Morgan Fox to discuss the rash of recent TCPA lawsuits targeting dispensaries and other cannabis players and what they can do to not become the victim of a TCPA class action.

Morgan Fox

Morgan is a fantastic guest who deftly helps our listeners (viewers) understand the challenges faced by dispensaries that operate in an extremely regulated environment where many forms of advertisement are simply not available. Direct phone marketing is a great tool for these companies– yet they are hampered by a general lack of awareness about the importance (and dangers) of federal telemarketing laws.

With Morgan’s help we untangle a number of common myths that are holding back cannabis-industry participants and help them to understand that the TCPA and its web of implementing regulations do apply to dispensaries–and can be enforced even in states like California where cannabis is otherwise legal under state law.

As Morgan explains, 68% of American adults now favor the legalization of Marijuana (with appropriate regulation) and have come to understand the harms caused by prohibition and criminalization. On the other hand, an even wider majority of Americans disapprove of unwanted robocalls–so the industry’s recent spat of TCPA litigation may actually prove detrimental to the Organization’s larger mission of acceptance and normalization.

This has not escaped the NCIA’s notice, and Morgan’s appearance on Unprecedented is just the first step toward helping folks in this space understand the importance of complying with the complex web of federal law and regulation impacting telephone outreach.

Before we get to the critical interview–found at the 27:50 mark– the team breaks down all the big TCPA developments.

First, the Archduke breaks down the HUGE recent venue case out of California that sent a Plaintiff packing back to Florida–where the case law is far less favorable. (Don’t ask why he has fireworks around his head–you have to watch to find out.)

Then the Countess gives us a run down of one of the most incredible TCPA journeys ever–the story of the Cordoba case that began with a potential judgment in the billions of dollars, and ended with a whimper and a judgment in favor of the defense on vicarious liability grounds.

The Baron steps to the plate next with a review of the FCC’s recent call limitations imposed on the commercial purposes exemption under the TRACED Act–and explains why the Paperwork Reduction Act may end up saving all of us a lot of headache.

Next the Grand Duchess helps us re-live the glory days of last year when Creasy was all the rage. Unfortunately the case law has not developed positively since the Archduke’s big win in December.

And finally the Earl of the TCPAWorld–a newly-minted partner here at Squire Patton Boggs–breaks down a case involving the TCPAWorld’s “unholy trinity”–and you have to listen in to understand just what that means.  (And you’ll have to watch to see the Earl’s face-ha.)

It all comes together to take Unprecedented’s  20th edition higher than a Friday night in Boulder, Colorado (on information and belief).

You won’t want to miss it. Click the picture below to watch the show! 


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