Two More Lawsuits Accuse Cannabis Dispensaries of TCPA Violations

Two lawsuits seeking class action status were filed earlier this month, adding to the growing number of complaints about unwanted text messages from cannabis dispensaries.

On Oct. 1, 2020, the law firm Shamis & Gentile, P.A. filed lawsuits on behalf of plaintiffs Kristina D. and Jessica M. in the U.S. District Court for the Western District of Michigan, and the U.S. District Court for the District of Colorado, respectively. Both lawsuits allege unwanted communications from cannabis dispensaries without express consent, which would constitute violations of the Telephone and Consumer Protection Act (TCPA).

Michigan Cannabis Dispensary Allegations

Delucenay’s proposed class action was commenced against Michigan dispensary Le Battle Creek, Inc., alleging that a prerecorded message was sent to her cell phone in August 2020. The content of the voicemail was of a marketing nature, and it could be readily ascertained that it was prerecorded, according to her complaint.

“The cumulative effect of unsolicited voice messages like Defendant’s poses a real risk of ultimately rendering the phone unusable for voice messaging purposes as a result of the phone’s memory being taken up,” the complaint states. Delucenay claims that the voicemail took up memory on her phone which, in effect, can slow the phone’s performance.

Delucenay is asking for an injunction to stop the cannabis dispensary from contacting her and the proposed class members without permission, a declaration that Le Battle Creek violated the TCPA, and actual and statutory damages.

Colorado Cannabis Dispensary Allegations

Similarly, Montanez’s proposed class action lawsuit asserts that Colorado cannabis dispensary Future Vision Brain Bank, which does business as The Green Solution, contacted her cell phone without her permission. In her complaint, Montanez alleges that she received “numerous telemarketing text messages” between June 2020 and August 2020.

The text messages advertised the company’s “Summer Savings” prices promoting the defendant’s business. The complaint alleges that The Green Solution used an Automatic Telephone Dialing System to send the text messages, which was demonstrated by the messages’ “impersonal and generic nature.”

Montanez claims that the unwanted text messages invaded her privacy, causing her to be aggravated and annoyed, in addition to taking up space on her cell phone. She also contends that the unwanted texts from the cannabis dispensary intruded upon her seclusion, and constituted trespass and conversion.

On behalf of herself and the proposed class, Montanez is requesting monetary damages, and an order declaring The Green Solution violated the TCPA and used an Automatic Telephone Dialing System to send the messages. She is also asking for an injunction that would require the cannabis company to stop its practice of unsolicited texting.

When are Calls from Cannabis Dispensaries a TCPA Violation?

As cannabis dispensaries continue to grow in states where marijuana is legalized for medicinal or recreational purposes, many of these businesses are attempting to expand their customer base by using text marketing or prerecorded voicemails. However, these types of marketing practices may not be in compliance with federal law.

The TCPA protects consumers from being bothered by unsolicited calls and texts to their landlines and cell phones. Unwanted marketing robocalls, texts, ringless voicemails, and calls with prerecorded messages from cannabis dispensaries — or other businesses — may constitute violations of the TCPA.

Enacted in 1991, the TCPA revised its rules in 2012, requiring telemarketers to obtain express consent from a consumer before calling unless there is an “established business relationship.” Under the regulations, telemarketers must also provide a way to “opt-out” during each robocall — even if there is an established business relationship or prior consent, it can be revoked at any time.

Additionally, telemarketers are not permitted to call those who are on the National Do Not Call Registry.

Under the TCPA, businesses may face penalties of $500 to $1500 for each call that violates the statute. The Cannabis Business Times estimates that “a modest text-based marketing campaign” of 10,000 text messages could result in liability ranging between $5 million and $15 million for cannabis dispensaries that disregard the TCPA.

Can I Join a TCPA Class Action Lawsuit if I Received Texts from Cannabis Dispensaries?

If you’ve received unwanted phone calls or texts from a cannabis dispensary, you may be able to join a class action lawsuit. There are a growing number of these lawsuits being filed by plaintiffs alleging that a cannabis dispensary violated the TCPA by sending texts or leaving prerecorded voicemails without consent. An experienced attorney who handles class action lawsuits and TCPA violations can advise you of your legal rights and remedies.

The Le Battle Creek Cannabis Dispensary TCPA Lawsuit is Delucenay v. Le Battle Creek, Inc., Case No. 1:20-cv-00957 in the U.S. District Court for the Western District of Michigan.

The Green Solution Cannabis Dispensary TCPA Lawsuit is Montanez v. Future Vision Brain Bank, LLC, Case No. 1:20-cv-02959 in the U.S. District Court for the District of Colorado.

Join a Free Marijuana Dispensary Unwanted Text Messages Lawsuit Investigation

If you received an unsolicited text message, ringless voicemail, robocall, and/or a call with a pre-recorded voice from a marijuana dispensary, you may be able to join a FREE marijuana dispensary unwanted text message class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.