Fla.'s Largest Pot Co. Calls Robocall Ban Unconstitutional

Law360 (January 17, 2020, 8:41 PM EST) -- Florida's largest medical marijuana company on Thursday urged a federal judge to toss a proposed class action alleging it spammed users with unwanted texts, arguing the provision under which the plaintiff sued — the Telephone Consumer Protection Act's robocall ban — is unconstitutional.

Trulieve Inc. argued that the TCPA's automated call restrictions must be struck down because they violate the First Amendment by impermissibly imposing content-based restrictions on speech.

"If this court strikes down the automated call restrictions as violating the First Amendment (it should), then neither plaintiff nor the proposed class members have any claims," Trulieve said. "Plaintiff's claims must...

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