Should You File a Recreational Marijuana Dispensary TCPA Lawsuit?

Recreational marijuana dispensary marketing has reportedly grown to include texts and phone calls. Despite their relative newness, dispensaries are still required to follow consumer protection laws, including the Telephone Consumer Protection Act (TCPA). Read on to learn if the marketing messages you’ve received from a marijuana dispensary may qualify you for a class action lawsuit investigation into potential TCPA violations.

What Is a Recreational Marijuana Dispensary?

According to High Times, marijuana dispensaries exist because, under federal law, cannabis cannot be provided by a pharmacy. There are two types of marijuana dispensaries: medical and recreational.

Recreational marijuana dispensaries allow anyone over the age of 21 to enter and buy products without any supporting documentation or the okay of a medical professional, according to High Times. Medical marijuana dispensaries are meant for those with conditions treatable with cannabis products. Medical dispensaries require patrons to bring documentation regarding their medical condition and a recommendation to use marijuana as a treatment to present before purchase.

Depending on the state, says High Times, medical and recreational dispensaries may be in the same location. Other states may require that they be separate, and some states only have one type of dispensary.

Which States Have Recreational Marijuana Dispensaries?

According to Business Insider, over half of the states have legalized some form of marijuana use; however, only certain states have legalized recreational use. These states include:

• Alaska.
• Washington.
• Oregon.
• California.
• Nevada.
• Colorado.
• Illinois.
• Michigan.
• Vermont.
• Massachusetts.
• Maine.

Legalization continues to be the trend, says Business Insider, so the list of states with recreational marijuana dispensaries will likely continue to grow.

What Is the TCPA?

TCPA stands for the Telephone Consumer Protection Act. The TCPA is a federal law that restricts the use of telemarketing activities.

Under the Act, recreational marijuana dispensaries and other businesses are prohibited from contacting consumers via phone without their prior, express consent. The TCPA, originally enacted in 1991 to protect consumers from unwanted solicitation using technology, has since been expanded to include restrictions on the use of text messaging for advertisement – often called spam texts. Indeed, in the last nearly three decades since the TCPA’s enactment, technology has changed pretty dramatically, but the TCPA has expanded as well to encapsulate emerging technologies that telemarketers use to reach consumers.

Now, the TCPA prohibits the use of prerecorded advertising messages and the use of automatic dialing systems to contact large swaths of unsuspecting consumers from what is commonly called robocalls.

While the TCPA has attempted to stem the rising tide of robocalls and other telemarketing communications, consumers are being increasingly inundated with these unwanted messages. According to The New York Times, more than 48 billion robocalls were placed in the U.S. in 2018 alone.

Just how bad is this number? Well, the Federal Communications Commission (the U.S. agency in charge of protecting consumers from communications scams) estimated that about half of calls made to U.S. cell phones in 2019 would be spam, 90% of which would have caller IDs spoofed to look like they’re coming from somewhere local.

The TCPA also created the National Do Not Call Registry. Telemarketers are restricted from using phone numbers that are listed on the registry and consumers can sign up for the service for free.

Recreational marijuana dispensaries can find themselves the subject of steep fines if they are found to have violated the TCPA. Fines under the TCPA can range from $500 to $1,500 per violation.

How Are Marijuana Dispensaries Violating the TCPA?

Like many other businesses, dispensaries are using text messages and advertising calls to market their services; however, some consumers say they have been doing so in violation of the TCPA.

Some ways that marijuana dispensaries have allegedly been violating the TCPA include sending spam text messages.

Recreational marijuana dispensaries are also being investigated by class action attorneys for robocalling consumers with prerecorded marketing messages that they did not consent to receive. Additionally, some companies have allegedly been using ringless voicemails, a new tactic that leaves a voicemail on a consumer’s cell phone without causing the phone to ring.

Other ways that marijuana dispensaries can violate the TCPA are to make advertising calls to consumers’ numbers that have been registered on the Do Not Call List. In addition to simply calling a number on the list, a telemarketer using an automatic dialing system that randomly calls consumers may inadvertently call someone on the list.

Should You File a Recreational Marijuana Dispensary Lawsuit?

Numerous class action lawsuits have been filed against companies for alleged violations of the TCPA. A class action lawsuit enables an individual or a group of consumers to hold a company responsible for TCPA violations.

If you believe you have been contacted by a marijuana dispensary in violation of the TCPA, it is important to gather documentation regarding the violation. Documentation can include phone records, along with a written record of the calls, including the date and time, as well as the caller and subject of the call. If a marijuana dispensary leaves a ringless voicemail or spam message, save the message.

The number of class action lawsuits filed against marijuana dispensaries is reportedly growing along with the industry. The majority of these cases allege that the dispensary sent unsolicited spam texts to unsuspecting consumers. Others claim that marijuana companies used automatic dialing systems to call consumers at random with advertising messages.

Some marijuana dispensary lawsuits have settled, with awards reportedly ranging into the millions of dollars.

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.