Cannabis Dispensary Roots RX Violated Privacy With Unwanted Texts, Class Action Alleges

Colorado-based cannabis dispensary chain Roots RX invaded consumers’ privacy and disrupted the daily lives of thousands of people, a class action lawsuit claims.

The nationwide class action lawsuit was filed in Colorado on April 19 by lead Plaintiff Kathryn Potter, who alleges that the company harassed her with text messages despite her instructing it to stop.

She says that the company’s actions violate the Telephone Consumer Protection Act (TCPA).

If you received a text message from a marijuana dispensary after asking them to stop, you may qualify for a free claim review. See if you qualify by filling out the form on this page.

According to the lawsuit, Roots RX promotes its cannabis products through unsolicited text message marketing, “which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.”

Potter says that she was sent numerous text messages by Roots RX numbers over the past several years, despite texting to opt-out of communications in 2018.

“Despite Plaintiff’s use of Defendant’s preferred opt-out language, Defendant ignored Plaintiff’s opt-out demand and continued to send Plaintiff further text messages from multiple numbers,” the class action states.

Potter says that she has also been on the national Do Not Call registry since 2011, and that she never gave Roots RX consent to contact her.

“Defendant’s unsolicited text messages caused Plaintiff actual harm, including invasion of her privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion. Defendant’s text messages also inconvenienced Plaintiff and caused disruption to her daily life,” the class action states.

Potter wants to represent a national Class of people contacted by Roots RX who were on the national Do Not Call registry. She also wants to represent a subclass of people contacted by the company after they had opted out of communication.

She is suing for violations of the TCPA, and seeks certification of the class, injunctive relief, damages, and a jury trial.

Over the last year, a number of companies have faced legal actions over violations of the TCPA. Earlier this month, phone carriers R Squared and Tellza were officially put on notice from the Federal Communications Commission (FCC) for facilitating illegal robocalls.

In March, Capitol One was hit with a class action lawsuit for allegedly violating the TCPA. Single mother Carmen Triana claims that Capital One bombarded her with telemarketing calls for months over payments missed during the coronavirus pandemic.

 Do you receive text messages from companies even though you are on the national Do Not Call registry? Let us know in the comments section!

Potter is represented by Andrew J. Shamis of Shamis & Gentile, P.A.

The Roots RX Unwanted Texts Class Action Lawsuit is Potter v. RFSC, LLC d/b/a Roots RX, Case No. 1:21-cv-01078, in the U.S. District Court for the District of Colorado.

Read About More Class Action Lawsuits & Class Action Settlements:

• Do You Qualify: Marijuana Dispensary Text Message Spam Lawsuit Claim Review
• Class Action Lawsuit Accuses Dispensary of Aggressive, Illegal Telemarketing
• Do You Qualify: Robocalls, Unwanted Phone Calls & Text Messages Class Action Lawsuit Investigation
• Cannabis Company Sent Man ‘Aggressive’ Unwanted Texts, Class Action Claims