Online Marijuana Dispensary Hit with New Lawsuit over TCPA Allegations

A California resident recently filed a dispensary TCPA lawsuit against an online marijuana dispensary, alleging that the company sent thousands of automated promotional texts, violating consumer protection laws.

The plaintiff, Ryan C., alleges that the online marijuana dispensary Desert Lake Group—which he says also does business as First Class Herb Tincture and First Class Herbalist CBD—sent thousands of consumers, including him, automated texts with promotional messages.

While it is common for businesses to send promotional texts to consumers, this must be done with the prior express consent of the consumer, or else such promotion violates the Telephone Consumer Protection Act.

“The language in the messages was automatically generated and inputted in pre-written text templates without any actual human intervention in the drafting or sending of the messages,” Ryan’s lawsuit alleges.

Ryan filed his lawsuit as a proposed class action, on behalf of himself and all others in a similar situation. He says that thousands of U.S. residents have received these texts from the same company without giving their prior express consent in the past four years. The lawsuit was filed on Jan. 10, 2020, in the U.S. District Court for the Southern District of California.

The lawsuit cites examples of the texts. For instance, a text he received in December allegedly read: “Ryan, reduce holiday anxiety, aches and pain with these CBD Gummy Bears. Now legal in all USA.”

Individual violations of the TCPA can result in a financial award of between $500 and $1,500, depending on if the violation was made in negligent or willful violation of the law.

What is the TCPA?

According to the Federal Communications Commission, the Telephone Consumer Protection Act (TCPA) is a set of rules put in place back in 1991 to help stem the tide of unwanted solicitation using technology. Though technology has advanced in the nearly three decades since the TCPA was introduced, the TCPA itself has expanded to address these new forms of solicitation. Now, the TCPA includes a variety of solicitation technology, from robocalls to spam texts and more.

The number of robocalls received in the U.S. is rapidly increasing. According to the New York Times, more than 48 billion robocalls were placed in 2018 in the U.S. The most concerning aspect of this statistic is not the number itself, but rather that this was reportedly a whopping 46 percent increase from the number of robocalls placed the previous year.

Filing a TCPA Lawsuit

If you have received unsolicited texts, robocalls, ringless voicemails, or calls using a pre-recorded voice from a brick-and-mortar or online marijuana dispensary, you may be able to file a TCPA lawsuit and pursue compensation.

Filing a lawsuit not only helps enforce the regulations outlined in the TCPA and holds companies responsible for their practices, but can also provide compensation for consumers affected by these violations.

Filing a lawsuit can be a daunting prospect after receiving unwanted texts from a dispensary, 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 Online Marijuana Dispensary Lawsuit is Case No. 3:20-00076-DMS-BLM, in the U.S. District Court for the Southern 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.