Are California Marijuana Dispensaries Sending Text Message Spam?

Consumers today see plenty of advertising throughout the day. In an effort to increase mass messaging with advertising that seems personalized, many companies have turned to text message marketing.

Why Would a Dispensary Send Text Messages?

While text message promotions and marketing efforts are not illegal, there are circumstances that can make them so and empower consumers to file lawsuits. Sometimes consumers will sign up for text message alerts and promos to take advantage of special sales or coupons, but if companies like California marijuana dispensaries violate the law by sending text message spam, they could be held accountable in court.

Unfortunately, the problem of spam texts from marijuana dispensaries will likely not end soon. As marijuana laws become less restrictive around the country, the demand for marijuana has increased, as has the number of companies selling it. Forbes cited a 2019 report predicting that legal marijuana sales are projected to grow by about 14 percent over the next six years, hitting $30 billion by 2025.

Forbes also noted that 33 states and the District of Columbia have laws allowing for the sale and use of medical marijuana, while 10 states and the District of Columbia permit recreational use and sale.

With this new market, more and more companies are trying to reach potential customers. An efficient, albeit frustrating method of doing so is through mass marketing text messages. Some companies may knowingly violate the Telephone Consumer Protection Act (TCPA) and send marketing messages to potential customers without their consent in the hopes that the legal risk may pay off in the form of more sales.

Forbes says that 45 percent of cannabis consumers are between the ages of 25 and 44, so it may not be surprising that cannabis sellers are relying on text messaging to reach out to this tech-savvy audience, even if the methods may be illegal. 

Can California Residents File Lawsuits?

If California marijuana dispensaries are sending illegal text messages, consumers may have rights under two different laws. The federal TCPA forbids certain kinds of phone marketing. In addition, the California Unfair Competition Law provides an additional avenue.

Marijuana dispensaries have already faced lawsuits over alleged TCPA violations. Miami New Times reports that Trulieve, the largest licensed medical cannabis seller in Florida, has been sued by an individual claiming that the company sent him spam texts.

A previously filed class action lawsuit argued that a company that collected mobile phone numbers without getting written authorization to send texts to those consumers violated state laws in California and the federal TCPA. The company may be connected to more than 1,000 dispensaries across the country.

What is Text Message Spam?

Given how many text messages people send and receive on a daily basis, consumers should understand what constitutes text message spam. Federal law states that unwanted text messages are illegal.

It is against the law for a company to send unsolicited text messages using a piece of software known as an auto-dialer. Using a sequential number generator, this equipment sends mass texts.

That kind of spam usually comes to phone numbers owned by consumers who may have never interacted with the company. However, if the company has a prior relationship with the consumer, the law allows for relationship or transactional messages. Fundraising messages and political surveys are also exceptions to text message spam laws.

Do Any Other Laws Apply to Spam Text Messages?

If you receive spam text messages from California marijuana dispensaries or other businesses, you’ll want to investigate your rights as soon as possible. You may be able to bring a lawsuit with the help of a qualified attorney. Speaking with a lawyer could help you figure out whether certain state or federal laws apply in your case.

Another law to consider is the CAN-SPAM Act of 2003. This law prohibits commercial texts from being sent to your phone. When sending these kind of texts, companies have to disclose an accessible and free way for you to opt-out of receiving any future messages. They also must state that the message is an advertisement. If you opt-out of receiving messages, the company has 10 days to honor your request.

Other lawsuits have already targeted marijuana dispensaries accused of sending texts without proper permission. If you need help finding a lawyer to assist you, Top Class Actions can help.

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.