Lawsuit Alleges Euphoria Wellness Marijuana Dispensary Violated TCPA

A California resident proposed a class action lawsuit against Euphoria Wellness, claiming that the Nevada marijuana dispensary violated the Telephone Consumer Protection Act by sending her unwanted text messages marketing its dispensary products.

The lead plaintiff, Jacqueline J., filed the lawsuit on July 6, 2020 in the Northern District of California, claiming that she never provided her phone number to Euphoria Wellness, nor did she ever have any business relationship with the dispensary to warrant the unsolicited text messages. She also stated that she has been on the National Do Not Call Registry since 2012.

Euphoria Wellness TCPA Lawsuit Allowed to Proceed

Jacqueline claims to have suffered a number of damages due to receiving “numerous text messages” from the marijuana dispensary for over a year. In the complaint, she alleges wrongful invasion of privacy, intrusion of seclusion, and aggravation due to the distraction that receiving the messages caused her. She asserts that her phone’s data, storage, and battery life were used by the texts, and that she was “forced to spend time investigating the source of the calls and who sent them to her.”

In its unavailing motion to dismiss the action, Euphoria Wellness disputed Jacqueline’s argument, alleging that she was a medical marijuana patient who had visited the Las Vegas dispensary and filled out a patient registration form, providing her cell phone number. According to the dispensary’s motion, she had checked “email” and “text” as a “preferred contact method.” In her opposition, Jacqueline maintains that the dispensary nonetheless failed to obtain her consent before sending the messages.

U.S. District Judge Charles Breyer allowed the lawsuit to proceed in his decision ordered on Sept. 8, 2020, but granted the dispensary’s motion to transfer venue from federal court in California to Nevada. Judge Breyer concluded that the witnesses, evidence, and other putative Class Members were likely located in Nevada, noting that the registration form presented what might be an “an insurmountable hurdle” in Jacqueline’s claim.

What Is an Automatic Telephone Dialing System?

In the class action lawsuit, Jacqueline specifically alleges that Euphoria Wellness sent messages using an ATDS, which is generally prohibited under the TCPA, the federal law that protects consumers from receiving unsolicited texts and robocalls.

Recently, the FCC clarified the definition of an ATDS, specifying that it is a platform “capable of dialing random or sequential telephone numbers without human intervention” having the capacity to store and generate the numbers it calls. Under the TCPA, unsolicited texting and calls made to consumers using the technology are not permitted unless a prior business relationship exists or prior consent was obtained.

Are Marijuana Dispensaries Allowed to Send Texts to Consumers?

As marijuana has become legalized in many states, licensed dispensaries have opened up in those locations, marketing and selling cannabis products to consumers. In an effort to gain business, many dispensaries have used various promotional methods, including sending texts, making robocalls, or using pre-recorded voice messages — in many instances, these kinds of messages may violate the TCPA, and have given rise to class action lawsuits surrounding these businesses.

The federal TCPA prohibits unsolicited calls and texts from any business to consumers who are on the National Do Not Call Registry. It also bands companies from using ATDS to send text messages and make calls unless the consumer provided consent. Under the TCPA, even if an established business relationship exists, a company cannot send solicitations to a consumer if they have expressly asked the company not to contact them. Companies can face fines from $500 to $1500 for each call made in violation of the TCPA.

Euphoria Wellness is one of several marijuana dispensaries to recently face allegations of unwanted texts and TCPA violations. A number of class action lawsuits have arisen alleging the non-compliance of dispensaries with TCPA regulations.

The Euphoria Wellness Marijuana Dispensary TCPA Class Action Lawsuit is Jackson v. Euphoria Wellness, LLC, Case No. 3:20-cv-03297-CRB in the U.S. District Court for the Northern District of California.

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.