Marijuana Delivery App Avoids TCPA Spam Texting Lawsuit

A California-based marijuana delivery company, Eaze Solutions Inc., has reportedly avoided a TCPA class action lawsuit filed over spam texting.

The lawsuit was filed back in May by plaintiff Farrah Williams and alleged that Eaze Solutions violated the Telephone Consumer Protection Act (TCPA) by spam texting her with ads.

In her complaint, Williams noted that a number of other people had claimed in online reviews and in social media posts that Eaze Solutions was spam texting them, despite never having heard of, let alone done business with, the marijuana delivery company. She accused the company of “growth hacking” by targeting countless consumers with spam texting.

However, Eaze argued that when the plaintiff had signed up for the app, she had checked the box signifying that she consented to the user agreement. The user agreement, the business said, included a broad arbitration clause, which means that her proposed class action has to be tossed and her claim addressed individually.

On Monday, a federal court in California tossed the putative class action and sent the TCPA complaint to private arbitration. U.S. District Judge James Donato rejected Farrah’s argument that the user agreement contract didn’t count because the object of the agreement, marijuana, is illegal under federal law.

Eaze said that this can be considered a win for all cannabis companies, as the decision affirms these companies’ rights to form contracts, even though marijuana is prohibited at the federal level.

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) was introduced back in 1991 in an attempt to fight back against an ever-growing tide of unwanted, technology-based solicitation. In the nearly three decades since the TCPA was introduced, technology has shifted dramatically, so the TCPA has expanded as well in order to address solicitation using these new technologies and techniques. The TCPA now includes things from robocalls to spam texts.

The Federal Communications Commission (FCC) accepts consumer reports of spam calls and texts, and consumers can always choose to sign up for the National Do Not Call Registry. More and more people are choosing to also pursue litigation under the TCPA.

Can I File a Spam Texting Lawsuit?

A growing number of consumers across the United States are turning to litigation after being inundated with spam texting and robocalls. If you have been hit with spam texts or robocalls, you may be able to file a TCPA lawsuit and pursue compensation. Filing a lawsuit helps enforce the TCPA’s rules, as well as hold companies responsible for their spamming practices.

Pursuing litigation can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The Eaze Spam Texting Lawsuit is Case No. 3:18-cv-02598, in the U.S. District Court for the District of Northern California.

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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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