A Tennessee man has filed a lawsuit against a Florida medical marijuana dispensary, alleging the company’s text message telemarketing violated the Telephone Consumer Protection Act (TCPA).
Plaintiff Mats Jaslow filed the class action lawsuit after he said he received unsolicited text messages from Trulieve, Inc., a medical marijuana provider based out of Quincy, Fla.
According to the TCPA lawsuit, Trulieve sent spam text messages to Jaslow’s cell phone in October and November of 2019. The first text message allegedly said: “Hello, Trulievers! Buy 2 Get 1 Free on TruClear today. Stackable with one 10% off discount for Vets, Snap or Trulievers. Visit (website address)”
The second text message said: “Happy Flower Friday Trulievers! Roll into the weekend with our restock of prerolls and flower. Doors open at 10am. Visit (website address) Have a great day!”
Jaslow alleges the text messages violate the Telephone Consumer Protection Act because he never provided express written consent that Trulievers could contact him through the use of an automated telephone dialing system (ATDS).
TCPA regulations make it illegal to send telemarketing messages to a person through an ATDS without the person providing prior express written consent to the telemarketer. Because the text messages purportedly were sent with the purpose of convincing the recipient to buy cannabis products, the lawsuit alleges the text messages fall under the umbrella of telemarketing.
Jaslow also alleges the text message solicitations present risks of identity theft, unwanted cell phone charges and slowed cell phone performance by using space on the receiving cell phone’s memory. The unwanted texts also allegedly caused Jaslow “actual harm including invasion of his privacy, annoyance, intrusion on seclusion, trespass and conversion.”
Class Allegations Facing Medical Marijuana Dispensary
According to the lawsuit, Class Members include those who received unsolicited text messages from the medical marijuana dispensary or on Trulieve’s behalf up to four years ago. The number of Class Members is not known, but allegedly could number thousands across the U.S.
The TCPA lawsuit seeks a minimum of $500 in damages per violation of the act, and an injunction against future calls. The lawsuit accuses Trulieve of knowingly violating the TCPA, which could entitle Jaslow and Class Members to $1,500 in statutory damages per violation.
The Federal Communications Commission (FCC) oversees the TCPA. According to FCC.gov, the agency has authorized wireless providers to take steps to stop unsolicited text messages by blocking robotexts, which is a nickname given to text messages sent through an automatic telephone dialing system.
Robotexts may not only be invasive, but also can be dangerous. According to PCMag.com, some spam messages carry malware that once a link or attachment is clicked upon, is able to infect a smartphone.
And even though it may seem logical to text “STOP” back to a spam text to halt the incoming messages, simply responding may cause your phone number to be flagged as a valid number, which is valuable to other scammers, too. PCMag.com recommends if the text is not from a business you recognize, it’s advisable to block the number and report the robotext to your cell phone provider.
The Medical Marijuana Dispensary Lawsuit is Mats Jaslow v. Trulieve, Inc., Case No. 4:19-cv-00592-RH-CAS, in the U.S. District Court for the Northern District of Florida.
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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