Marijuana Dispensary Sued Over Unwanted Texts, TCPA Violations

A California man has filed a lawsuit against marijuana dispensary retailer Therapeutic Hemp on April 17 for what he claims were willful and negligent violations of the Telephone Consumer Protection Act (TCPA).

Therapeutic Hemp Unwanted Texts Lawsuit

Plaintiff Jeremy B. is a resident of California. According to him, he was first contacted by Therapeutic Hemp in March 2018, when the marijuana dispensary contacted him on his cell phone using an automatic telephone dialing system. Automatic dialing systems are used by companies to send prerecorded or automated calls or text messages to hundreds or thousands of consumers at once, without human intervention, and are illegal unless consumers have given their prior, written consent to be contacted.

According to Jeremy, Therapeutic Hemp attempted to contact him multiple times, using at least eleven different phone numbers to send him text messages containing advertising information. As he did not give the dispensary his express, written consent to be contacted, he claims that these unwanted texts are illegal and are in violation of the TCPA. Additionally, Jeremy claims that on March 1, 2018, his phone number was added to the National Do-Not-Call list. Despite this, he continued to receive messages from the retailer. According to Jeremy, these messages continued from March 2018 through January 2020.

In addition to being negligent violations of the TCPA, Jeremy also claims that the violations were willful, as he continued to receive texts for a period of approximately two years despite being on the Do-Not-Call list.

Jeremy is suing on behalf of himself, as well as a proposed class of other victims including anyone in the U.S. who received unwanted texts from Therapeutic Hemp over the past four years.

About TCPA Violations and the Do-Not-Call List

The TCPA is a federal law requiring companies and other entities that call consumers with the intent of soliciting business to abide by several rules governing how and when they may contact consumers. The TCPA is meant to protect consumers from receiving unwanted text messages or phone calls and being harassed by retailers and other businesses. Under the terms of the TCPA, companies are not allowed to contact consumers by using an automatic dialing system or with a prerecorded or pre-written message unless the consumer has given their prior, express, written consent. Additionally, businesses are not allowed to call consumers after 9 p.m. or before 8 a.m.

Companies are also required to abide by the National Do-Not-Call list and refrain from contacting consumers who have registered their phone numbers with the list. The Do-Not-Call list is free, and registration never expires. However, some companies do not follow TCPA regulations and still contact people who are listed on the Do-Not-Call list. When this occurs, consumers may be eligible to file a class action lawsuit against the company and pursue between $500 and $1,500 for each violation of the TCPA.

There are a few exceptions to the TCPA. Calls that are made for emergency purposes, such as calls made by police or fire departments are not illegal. Additionally, calls that do not contain any advertisements and are purely informational may also be allowed, as well as some calls made by political organizations or non-profits. However, most unsolicited calls are covered by the TCPA, and businesses that make these calls may be subject to fines if they violate the law.

If you have received unwanted texts or calls from Therapeutic Hemp or another retailer, you may be eligible to hire a qualified attorney to review your case and determine whether you qualify to join or file a class action lawsuit.

Jeremy’s TCPA Lawsuit is Case No: 8:20-cv-00762, filed in the U.S District Court for the Central District of California.

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