Curaleaf Seeks Dismissal of TCPA Lawsuit

Curaleaf, a medical marijuana operator, seeks to have a proposed class action lawsuit dismissed that was filed in a New York federal court raising allegations that the company violated the TCPA by sending unsolicited dispensary marketing text messages advertising its products by using an autodialer.

In the complaint filed on August 13, 2020, in the Southern District for the United States District Court for the Southern District of New York, plaintiff Katherine Brooks claims that Curaleaf sent her five text messages from three different phone numbers in a little more than a month, informing her about “Plaintiff Appreciation Days,” with a link to the company’s website. Brooks says that she never gave prior consent to be contacted by Curaleaf.

Due to the standardized nature of the text messages, Brooks claims she knew that they were generated from an autodialer, in violation of the TCPA.

Brooks purported that “the hardware and software combination utilized by Defendant has the capacity to store and dial sequentially generated numbers, randomly generated numbers, or numbers from a database of numbers.” She said she believed Curaleaf sent the same text messages to thousands of people.

In Curaleaf’s motion to dismiss filed on Oct. 8, 2020, the company argues that Brooks was unable to show that the texts were made with an ATDS, and accordingly, failed to state a claim. Curaleaf argued that Brooks’ allegations surrounding the use of an ATDS were “threadbare, and merely parrot the statutory language of the TCPA, rather than pleading facts giving rise to a plausible inference that the texts were transmitted using an ATDS.”

How Did the Text Messages Sent by Curaleaf Allegedly Violate the TCPA?

The number of Telephone Consumer Protection Act lawsuits against cannabis dispensaries have been increasing in recent months as these companies use text messages and ATDS more and more to advertise their products.

Unless the recipient gives consent or has a prior business relationship with the company, these unsolicited text messages may be in violation of the TCPA. While the TCPA prohibits telemarketing calls, and robocalls, it also disallows texts to be made to consumers through automatic dialing systems.

Brooks contends that the unwanted text messages sent by Curaleaf drained her phone battery, caused her to incur additional expense for electricity, and caused wear and tear to her phone. She also claims they were a nuisance, distracted her, and invaded her privacy.

Brooks claims that Curaleaf violated the TCPA by sending the messages through an ATDS, an act specifically prohibited under the federal law.

Companies that violate the TCPA may be subjected to penalties of $500 per call, and up to $1500 per call if it was a willful or knowing violation.

Can I Join a TCPA Lawsuit for Unsolicited Cannabis Dispensary Text Messages?

If you’ve received countless unsolicited text messages or robocalls from a cannabis dispensary, you have rights under the TCPA. Unless you gave prior consent, a company may not try to solicit business by texting with an ATDS, robocalling, or leaving you pre-recorded voice mails. Companies are also not allowed to contact you if you’re on the National Do Not Call Registry.

As more cannabis dispensaries open in certain places where they are legalized, the number of lawsuits in connection with their alleged TCPA violations has been increasing. In an effort to gain business, many of these companies use ATDS systems to send mass text messages which fail to comply with the law.

Unwanted and unsolicited advertising and marketing texts may take up space on your phone, as well as intrude upon your privacy and cause you annoyance or distraction. If you’ve received these types of calls, you may be able to file a lawsuit or join a class action lawsuit to recover your damages. A class action attorney can discuss your legal rights and remedies with you.

The Curaleaf TCPA Lawsuit is Brooks v. Curaleaf Inc., Case No. 1:20-cv-06323 in the United States District Court for the Southern District of New York.

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.