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Marijuana dispensary customers have reached a settlement with several dispensaries in California and Colorado to resolve claims the businesses sent unwanted texts.
The parties filed a notice of the settlement Jan. 7, though exact settlement terms are not yet available.
According to the settlement notice, completed settlement terms will be available within 21 days of the notice filing. As always, Top Class Actions will keep our readers updating on these and other developing settlements.
Plaintiffs Marcie Cooperman and Richard Komaiko filed their unwanted texts class action lawsuit in October, claiming they received over 100 text messages from several marijuana dispensaries in California and Colorado. The defendants named in the class action lawsuit are Euflora of Aurora, Colorado, and Long Beach, California; Dixie Brands Inc.; Mile High Green Cross; Native Roots Cannabis Co.; and Starbuds of Denver.
Cooperman allegedly received at least 13 text messages from Dixie Brands between April 2016 and April 2018. Between September 2017 and February 2019, Cooperman allegedly received 43 unwanted texts from Euflora. Between April 2016 and July 2019, she claims she received at least 56 texts from Starbuds.
Komaiko reports a similar experience, allegedly receiving numerous unwanted texts from Mile High and Native Roots between June 2016 and April 2020.
In each of these cases, the plaintiffs maintain they never gave “prior express written consent to receive such communications from any of the defendants.”
Although the plaintiffs may have shopped at these dispensaries and given their phone numbers as a part of their purchases, the consumers argue they did not give the businesses consent to bombard them with telemarketing text messages.
According to the plaintiffs, these text messages violated the federal Telephone Consumer Protection Act (TCPA). Under the TCPA, businesses are prohibited from sending unsolicited text messages to consumers who have not given their prior, express written consent. The law has several other terms, including restrictions on automatic dialing systems used to place calls and send text messages en masse.
The plaintiffs argue there could be numerous consumers who received similar unwanted texts from the defendants. As a result, the plaintiffs seek to represent a Class of consumers who received such text messages.
On behalf of themselves and this proposed Class, the plaintiffs seek $2,000 per violation, along with other forms of monetary damages.
If the proposed settlement is approved, it will put an end to Cooperman and Komaiko’s claims.
By agreeing to the settlement, the defendants have not admitted any wrongdoing. Instead, the deal allows all involved parties to resolve the claims and recover benefits while also avoiding the risks and costs of litigating the issue through a trial.
Have you received unwanted texts from a dispensary or other business? Share your experiences in the comment section below.
Plaintiffs and the settlement Class are represented by Steven J. Wienczkowski of Foster Graham Milstein & Calisher LLP.
The Dispensary Unwanted Texts Class Action Lawsuit is Marcie Cooperman, et al. v. Dixie Brands Inc., et al., Case No. 1:20-cv-02955, in the U.S. District Court for the District of Colorado.
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