Top Class Actions  |  March 15, 2022

Category: Closed Class Actions

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Green text message icon with red notification badge - docmj - spam text messages - Physicians Compassionate Care - tcpa settlement
(Photo Credit: ya_blue_ko/Shutterstock)

Physician Compassionate Care, doing business as DocMJ, will pay over $736,000 as part of a settlement resolving allegations it bombarded consumers with spam text messages, a violation of the Telephone Consumer Protection Act (TCPA).

The settlement benefits individuals who received text messages from Physician Compassionate Care, doing business as DocMJ, since June 14, 2015.

DocMJ is a medical marijuana company based in Florida. The company’s physicians help provide recommendations and advice to patients considering medical cannabis. 

However, the company allegedly violated federal law with spam text messages.

According to a 2020 amended class action lawsuit, DocMJ regularly sent text messages advertising its services to prospective customers. A text message received by the class action’s plaintiff allegedly offered assistance “finding the best location” or “scheduling with the monthly payment plan.”

According to the plaintiff, the Physician Compassionate Care texts he received were clearly generated by an automatic dialing system and thousands of other consumers could have received similar text messages.

“[DocMJ] used equipment having the capacity to store telephone numbers, using a random or sequential generator, and to dial such numbers and/or to dial numbers from a list automatically, without human intervention, to make non-emergency telephone calls to the cellular telephones of plaintiff and the other members of the Class,” the spam text class action lawsuit alleges.

Although the plaintiff was able to successfully unsubscribe by texting “STOP” to the phone number, he says he never gave DocMJ permission to text him. As a result, the texts he received violated the Telephone Consumer Protection Act (TCPA), he contends. 

The TCPA is a federal law that prohibits spam texts or telemarketing phone calls placed by companies without customer consent. Violations of the TCPA could garner penalties of up to $1,500. If DocMJ was found guilty of sending numerous telemarketing texts without consent, the company could have faced a large verdict.

Physician Compassionate Care hasn’t admitted any wrongdoing but agreed to avoid the costs of trial and resolve the allegations surrounding the texts with a $736,542 settlement.

Under the terms of the TCPA settlement, Class Members can receive a cash payment of up to $18. Exact payment amounts may be lower depending on the number of valid claims filed by the claim deadline.

In addition to providing cash benefits, Physician Compassionate Care has agreed to change its policies and procedures to avoid future TCPA violations.

The deadline for exclusion and objection is July 13, 2022. 

The final approval hearing for the TCPA settlement is scheduled for Aug. 12, 2022.

In order to benefit from the settlement, Class Members must submit a valid claim form by Aug. 27, 2022.

Who’s Eligible

The settlement benefits individuals who received text messages from Physician Compassionate Care, doing business as DocMJ, since June 14, 2015.

Potential Award

Up to $18

Proof of Purchase

Phone number that received the spam texts

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

08/27/2022

Case Name

Teblum v. Physician Compassionate Care LLC d/b/a DocMJ, Case No. 2:19-cv-00403-SPC-MRM, in the U.S. District Court Middle District of Florida

Final Hearing

08/12/2022

Claims Administrator

Teblum v. Physician Compassionate Care LLC d/b/a DocMJ Settlement Administrator
P.O. Box 43502
Providence, RI 02940-3502
info@PhysicianCompassionateCareTCPAsettlement.com
844-917-2017

Class Counsel

Manuel S. Hiraldo Esq
HIRALDO PA

Ignacio J. Hiraldo Esq
IJH LAW

Michael Eisenband Esq
EISENBAND LAW PA

Defense Counsel

Jeffrey N Rosenthal Esq
Maria Vigilante Esq
BLANK ROME LLP

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27 thoughts onDocMJ, Physician Compassionate Care spam texts $737K class action settlement

  1. Chere Combs says:

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  2. ROBYN G HICKMAN says:

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  3. Marcenette P Carney says:

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