Long-time readers of TCPAWorld will recall the avalanche of TCPA suits brought against cannabis dispensaries back in 2020-2022. Seems like so long ago doesn’t it?

Well as these suits wind their way through the court system we are finally seeing some of the rulings arising out of the 420 wave the plaintiff’s bar was surfing.

In Schmitendorf v. Juicy’s Vapor Lounge, 2024 WL 962368 (D. Ks. March 6, 2024) the Court held calls made by Juicy’s may have violated the DNC rules of the TCPA.

The Defendant argued the allegations of the complaint did not sufficient allege facts demonstrating the phone was used for residential purposes. TCPA DNC claims, of course, only arise out of calls to residential lines–not to commercial or business lines.

But the Court determined the Plaintiff’s allegations of personal use were sufficient. So too, the Court held Plaintiff’s allegations that he had personally registered the number on the DNC list also lead to an inference of personal use.

Plus the fact that the number was a cellular phone did not change the fact that a residential usage might be found.

Not a whole lot to this ruling as many courts do not impose a high bar at the pleadings stage for residential usage. Just another case along that line. Still though complaints that fail to plead either the residential usage of a phone or the Plaintiff’s personal registration of the number on the DNC are subject to dismissal.