LA Pot Shop Accused of Text Spam In Class Action Lawsuit

An LA based marijuana dispensary is in hot water over repeatedly sending unwanted texts to consumer Katherine Nagler, and invading her privacy, a class action lawsuit claims.

Katherine Nagler alleges the Erba Market dispensary is sending promotional messages to her phone, violating the Telephone Consumer Protection Act TCPA.

The claim asserts the text messages are another form of telemarketing meant to advertise. 

Nagler argues her privacy was invaded by the annoyance and claims she was harmed by all the time spent looking at them. 

Nagler argues the practice violates several of the restrictions outlined in the TCPA. 

Nagler says Erba Market never acquired her written consent to send the texts and used an automatic dialing system to send them. She added in the complaint that she has been on the Do Not Call Registry since 2007.

The use of automated machines to send messages to phones in bulk was ruled by the Federal Communications Commission to be a greater nuisance than live phone calls, according to the lawsuit, pointing to the FCC eventually banning them in 2012. 

The use of automatic telephone dialing systems alone is enough to violate TCPA, Nagler argues in the class action lawsuit. She elaborates on these claims, referring to features of the text message as evidence an automated system was used, alleging Erba Market used a short code used by third party companies that partner with cell phone providers to send bulk messages. 

Nagler is asking for penalties of up to $1,500 for each alleged violation and wants members of the class to receive $500 in alleged damages. 

Erba Market isn’t the only marijuana dispensary facing accusations it breaks TCPA laws. A class action lawsuit has been filed against Halladay Wellness, a marjiuana retailer in California, with similar claims. 

The FCC enacted the first versions of the TCPA in 1991. The laws have since expanded to provide more protections, including the establishment of the Do Not Call Registry in 2003. 

Cannabis dispensaries aren’t the only violators out there. Any kind of unwanted text, call or voicemail you might receive could be found out of compliance with the law. 

Top Class Actions works with highly experienced attorneys who offer free case evaluations for those who might be receiving unsolicited messages. Read more about TCPA provisions and see if you qualify. 

Have you received unwanted texts that you suspect violation the Telephone Consumer Protection Act? Let us know in the comments below. 

Counsel representing the plaintiffs in this class action lawsuit is Scott Edelsberg of Edelsberg Law, P.A. 

The Dispensary Unwanted Texts Class Action Lawsuit is Nagler V. Erba Markets, Inc., Case No.  2:21-cv-00989 in the U.S. District Court for the Central District of California, Western Division. 

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