In April, we wrote about the Facebook v. Duguid ruling issued by the Supreme Court was likely going to gut a great number of TCPA cases pending across the United States, some of which involve cannabis companies. As a quick recap, the Supreme Court had narrowed the definition of the “automatic telephone dialing system” (“ATDS”) to only those devices that generate random or sequential phone numbers (which are now largely obsolete). Since most TCPA cases have been filed against companies who use a database of phone numbers instead of phone numbers that are truly randomly generated, we’ve seen the lower courts follow suit and dismiss those cases that don’t plead the proper definition of an ATDS.
Well, we also wrote this was probably not the end of TCPA litigation as a whole, and a new lawsuit filed against a California dispensary proves it. In Pettibone v. City Compassionate Caregivers (“CCC”), a class action lawsuit filed in the Central District of California, Pettibone alleges that CCC sent multiple telemarketing messages to her cell phone that included opt-out instructions (“Text STOP to unsubscribe”). On November 14, 2020, Pettibone did reply with a STOP – but CCC continued to send her messages.