Marijuana Dispensary’s ‘Aggressive’ Unsolicited Text Marketing Is Illegal and Invades Privacy, a New Class Action Lawsuit Alleges

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Hello Cannabis Vista TCPA Class Action Lawsuit Overview:

• Who: Hello Cannabis Vista
• What: A California marijuana dispensary is accused of breaking the law by texting people whose numbers are on the Do Not Call Registry.
• Where: California

A California marijuana dispensary has been invading privacy and harassing thousands of people with its aggressive text message marketing campaigns that many haven’t asked for, a new class action lawsuit alleges.

Plaintiff Chris Golden filed the class action lawsuit against Hello Cannabis Vista in a California federal court last Friday, alleging violations of the Telephone Consumer Protection Act. 

“To promote its services, [the] defendant engages in aggressive unsolicited marketing, harming thousands of consumers in the process,” he said. 

On May 21, May 28, and July 20 of this year Golden said the company sent him text messages urging him to “come check us out!,” an offer of 30 percent off—which was sent twice—and more.

“How many times have you guys texted me?” he allegedly replied.

At no point did he give his express written consent to be contacted and his phone number is registered on the national Do Not Call Register, Golden said.

“[The] defendant’s unsolicited text messages caused plaintiff actual harm,” the lawsuit states. Specifically, Golden estimates he has wasted fifteen to thirty seconds reviewing each of the unwanted messages, as well as spending at least 15 minutes retaining a lawyer.

“Each time, [the] plaintiff had to stop what he was doing to either retrieve his phone and/or look down at the phone to review the message.”

Plaintiff Alleges Hello Cannabis Vista Broke Privacy Laws with Its ‘Aggressive’ Text Message Marketing Campaign

Golden is seeking an injunction to stop the alleged illegal conduct, alleging it has resulted in an invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals. 

He is looking to represent anyone on the Do Not Call Register who got a text from the company in the last four years.

He’s seeking certification of the class action, damages, an injunction and a jury trial. In addition, he’s seeking up to $1,500 in damages for each text message sent.

Marijuana dispensary customers in January reached a settlement with several dispensaries in California and Colorado to resolve claims the businesses sent unwanted texts.

Plaintiffs Marcie Cooperman and Richard Komaiko filed their unwanted texts class action lawsuit in October, claiming they received over 100 text messages from several marijuana dispensaries in California and Colorado. 

Have you got unwanted texts from a dispensary? Let us know in the comments! 

The plaintiff is represented by Scott Edelsberg, of Edelsberg Law, P.A.The Hello Cannabis Vista TCPA Class Action Lawsuit is Chris Golden et al., v. Hillside Holistic, Case No.3:21-cv-01591-TWR-BLM, in the U.S. District Court Southern District of California

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