Lawsuit Claims Mr. Nice Guy Dispensary Advertising Texts Violate TCPA

According to consumer complaints, some marijuana dispensaries may be violating the Telephone Consumer Protection Act (TCPA) by sending dispensary marketing text messages. At least one lawsuit has been filed against the California dispensary, Mr. Nice Guy.

Mr. Nice Guy Dispensary Lawsuit

Plaintiff Arthur Vega filed his lawsuit against Mr. Nice Guy in November 2020. Mr. Nice Guy is a licensed marijuana dispensary located in California. As marijuana is legal under California law for adults over the age of 21, medical and recreational users of the drug may purchase it at Mr. Nice Guy and other dispensaries.

However, dispensaries must abide by strict laws when it comes to advertising their products. They may not advertise these products in places where it is likely that children will see or hear the ads, which removes many of their options. In order to solicit customers, some dispensaries may have begun to send targeted text message advertisements to consumers, in violation of the TCPA.

According to Vega, he has been sent several advertising text messages by the Mr. Nice Guy dispensary in 2020. Two of these texts were sent in May and July. In his lawsuit against the dispensary, Vega submitted pictures of these texts, which included coupons for a percentage off a purchase, information on current sales, and information about new products.

However, Vega claims that he never gave the dispensary his consent to be contacted. Additionally, he claims that the generic nature of the messages is evidence that they were not sent directly to him by a store associate, and were instead sent via an auto dialing system. Under the TCPA’s regulations, companies are prohibited from using auto dialing systems to contact consumers who have not provided their written consent. Auto dialing systems allow companies to send texts or make phone calls to hundreds or thousands of consumers at once, without human intervention. These pre-written or pre-recorded messages may be a nuisance for consumers who do not wish to receive them.

Vega claims that the messages he received from the Mr. Nice Guy dispensary caused him aggravation and annoyance, in addition to wasting his time. In order to compel the dispensary to cease contacting him, he filed a class action lawsuit to pursue compensation for himself and other consumers who had also been contacted by the retailer without their consent.

About the TCPA

The TCPA protects consumers from being harassed by retailers and other companies. In general, the law prohibits any company from using an automated voice or pre-recorded message to contact consumers. It also prohibits companies from calling consumers early in the morning or late at night, or contacting anyone who has registered their number with the National Do-Not-Call List. Additionally, the law provides protections for consumers who have given their consent to be contacted by a business, by requiring businesses to allow customers to opt out of receiving calls or texts at any time.

Although there are some exceptions to the TCPA that allow entities such as non-profit organizations, political campaigns, or government departments to contact consumers who have not explicitly given their consent, dispensaries and other retailers are required to abide by the law. Companies that violate the TCPA may be subject to fines or legal action.

If you have received advertising text messages from a Mr. Nice Guy dispensary despite not consenting to be contacted by the retailer, you may be eligible to speak with an experienced attorney about your legal options. Some victims of TCPA violations may be eligible to pursue compensation through a class action lawsuit. The TCPA allows victims of violations to pursue between $500 and $1,500 for each offending phone call or text.

The Mr. Nice Guy Lawsuit is Arthur Vega, et al. v. Monex Place Wellness, Inc. d/b/a Mr. Nice Guy Case No: 8:20-cv-02134, filed in the U.S. District Court for the Central District of California.

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This article is not legal advice. It is presented
for informational purposes only.