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Christian Lemus says he has been bombarded since July with text messages from West Clinik, a marijuana dispensary in Santa Ana, California. That stream of text messages, he told a California Federal Court, violates the Telephone Consumer Protection Act or TCPA because he did not consent to receive them.
Lemus filed a class action suit Monday against 2015 Halladay Wellness Inc., a Santa Ana dispensary doing business as West Clinik, over the promotional texts.
Lemus also stated that he is on the National Do Not Call List, and that being contacted by an unsolicited party is in further violation of the TCPA.
TCPA became federal law in 1991 and was enacted to protect consumers from annoying telemarketers and other types of solicitors, such as spam email marketers, and those who do not have permission to contact them. Read more about the TCPA laws here.
Lemus’ class action lawsuit against Halladay Wellness isn’t unusual. The cannabis industry has been hit with an influx of TCPA suits over the past year. Many of the cases are almost identical in nature. A TCPA settlement was reached early January against several marijuana dispensaries operating in California and Colorado, though the exact settlement terms are not yet available.
According to the complaint against Halladay Wellness Iinc, the text messages that Lemus received were generic telemarketing messages promoting West Clinik’s products, with offers such as “Labor Day Weekend Sale Fri-Mon! Buy One Get One 50% OFF Entire Store!” Due to the impersonal nature of the texts, Lemus stated that the cannabis company was using an automated dialing system, which is prohibited by the TCPA.
Lemus alleges that the unsolicited text messages caused him actual harm, having wasted 15 to 30 seconds checking each of the promotional messages, while also spending 15 minutes finding an attorney to stop the unwanted texts. Lemus is seeking statutory damages and injunctive relief to stop West Clinik’s illegal conduct, which resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands, according to the complaint.
The complaint estimates that several thousand individuals will join as class members, under the belief that West Clinik made unsolicited calls to that many consumers throughout the United States without their prior consent.
Have you received unwanted texts from a dispensary or other business? Share your experiences in the comment section below.
The Dispensary Unwanted Texts Class Action Lawsuit is Christian Lemus v. 2015 Halladay Wellness Inc, case number 8:21-cv-00044, in the U.S. District Court for the Central District of California.
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2 thoughts onCalifornia Marijuana Dispensary Hit with Class Action Lawsuit over Unwanted Texts
This article sheds light on an important issue regarding unwanted text messages from marijuana dispensaries, highlighting the legal implications and consumer rights under the Telephone Consumer Protection Act (TCPA). The case of Christian Lemus against West Clinik underscores the significance of protecting individuals from unsolicited communications and the potential harm caused by such messages. By providing insights into the class action lawsuit and explaining the TCPA laws, this article has deepened my understanding of consumer protection in the context of modern communication methods. It’s commendable how the article raises awareness about this issue and empowers consumers to take action against unwanted solicitations. Great job in delivering such informative content!
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