Marijuana App Sends Unwanted Text Ads, Class Action Claims

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A California-based app company, Eaze Solutions Inc., which connects consumers with dispensers of medical and recreational marijuana in their area, is accused of sending text messages to potential consumers without their consent, according to a new class action lawsuit.

Plaintiff Farrah Williams, who is employed as a nursing home worker, claims she has received numerous text messages from Eaze Solutions Inc.

She says the text messages are sent at any hour of the day or night, often disrupting her sleep. Williams claims that she did not give consent to receive the messages, and has at numerous points, attempted to get the messages to stop, but to no avail.

The Eaze app class action lawsuit claims that this practice of sending messages to potential customers violates the Telephone Consumer Protection Act because it is done without receiving their prior, written, express, consent, as is required by the TCPA.

Additionally, the Eaze marijuana app class action lawsuit alleges that the text messages were sent to thousands of consumers at once using an automatic dialing system, another practice that violates the TCPA.

Williams claims that the text messages are indeed spam because each message attempts to sell the services of Eaze Solutions Inc. or those of a marijuana dispenser in her area.

According to the marijuana app class action lawsuit, these spam messages were not a mere blunder on the part of the company, but the crux of their business model and marketing.

Allegedly, Eaze Solutions touts the fact that it is the fastest growing service of its kind, and specifically aims to grow its consumer base. However, this growth is allegedly achieved largely through sending spam text messages to potential consumers.

Williams claims that she and the thousands of other consumers who received the messages were injured emotionally because the text messages were bothersome and disruptive, and took time out of their day.

According to the Eaze spam text class action lawsuit, “on numerous occasions, [Williams] has become distracted and aggravated as a result of receiving [Eaze’s] solicited text message advertisements.”

Additionally, the plaintiff claims that she and other consumers who received the messages were financially injured because they used the data and text message features of her phone without consent, costing them money related to data usage plans, use of their phones themselves, and inhibiting their use of phones for other purposes, including business.

However, despite these concrete injuries, Williams states that she does not need to claim concrete injury other than to establish a violation of the TCPA to receive compensation, because the law allows for a compensation of $1,500 for each willful violation of the act and $500 for each negligent violation of the act. She seeks damages on behalf of herself and all other similarly affected consumers.

Williams is represented by Frank S. Hedin and David W. Hall of Hedin Hall LLP.

The Eaze Solutions Marijuana App Unwanted Text Message Class Action Lawsuit is Farrah Williams v. Eaze Solutions Inc., Case No. 3:18-cv-02598, in the U.S. District Court for the Northern District of California.

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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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