Text Spam From Marijuana Dispensaries: What You Need to Know

Four states, Arizona, New Jersey, Montana, and South Dakota, ushered in legalized marijuana in the 2020 election. Indeed, dispensaries are becoming as ubiquitous as the corner coffee shop in many areas. However, some of these new businesses find themselves crossing an old law still on the books – the Telephone Consumer Protection Act (TCPA).

Consumers facing text spam from marijuana dispensaries can protect their privacy and resources. Learn about how text message marketing from these dispensaries may be crossing the line and violating the TCPA.

Why Do Dispensaries Use Spam Texts?

Marijuana Business Daily notes that dispensaries can only access a limited number of marketing platforms. Traditional advertising on the television or radio is off-limits, notes the publication, as are social media outlets. Text messaging is a “lifeline”, says MJ Daily.

Spam text messages are on the rise, however, and consumers are saying “enough” with class action lawsuits that hold marketers accountable for violating the TCPA. According to Green Entrepreneur, at least 12 TCPA class action lawsuits have been filed against marijuana dispensaries since 2018.

Text Spam from Marijuana Dispensaries

Experts told Marijuana Business Daily that dispensaries need to take compliance with the TCPA and other federal laws seriously if they plan to use text messages to advertise. Through class action lawsuits, consumers have a powerful mechanism to hold marijuana dispensaries accountable for sending spam texts in violation of the TCPA.

“The defense and settlement of a case like this could easily run into the six figures,” one legal expert told MJ Daily.

However, there are ways businesses can ensure compliance with the TCPA and avoid sending consumers spam text messages.

MJ Daily says that marijuana dispensaries should obtain customer consent before enrolling them to receive marketing text messages. In fact, the publication recommends that businesses get consent at least twice – by enrolling customers in loyalty programs using a QR code they scan, rather than just asking verbally and again by providing opt out options in the text messages.

“Consent, consent, consent. Kind of like location, location, location,” one expert told Green Entrepreneur in their article advising dispensaries about using text message advertisements. “That’s the holy grail, if you will, of protecting yourself from liability. If you have consumer consent … you’re fine. You’re bulletproof.”

In addition, experts told the publication that dispensaries should be upfront about enrolling customers into their advertising campaign. Both to remain compliant with the TCPA and to ensure consumers actually want to receive marketing from their company, experts recommended companies take a straightforward approach.

“It’s a much better approach to do it in a clear and delineated way,” one expert said of text message advertising, “because you don’t want to be sending text messages to someone who doesn’t want to receive them. You shouldn’t be tricking someone into receiving your text messages.”

Spam Text Class Action Lawsuits

Despite pleas from industry publications, consumers may face text spam from marijuana dispensaries as these types of businesses continue to grow. Consumers who find themselves on the receiving end of spam texts can find themselves using precious time and resources to deal with them.

Indeed, over a dozen class action lawsuits filed over spam text from marijuana dispensaries have alleged that these businesses have violated consumer rights under the TCPA.

Just this October, marijuana company Curaleaf, Inc. faced a class action lawsuit filed by a woman in New York alleging that it “bombarded” her and other consumers with spam text without getting consent. Additional class action lawsuits have been filed in Nevada, Michigan, California, Arizona, and Utah.

Marijuana dispensaries who used spam text messages to contact consumers may be in violation of TCPA.

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.