Trulieve TCPA Violations California: Claim Spam Text Compensation

As marijuana use and sale is becoming increasingly legal, the marijuana industry has blossomed. Forbes notes that now, 33 states and the District of Columbia allow medical marijuana sale and use. Ten states and the District of Columbia allow both medical and recreational use and sale.

This new market has led to the development and growth of marijuana dispensaries like Trulieve. A 2019 Forbes report explains that the marijuana industry is expected to continue growing — to the tune of 14% over the next six years.

Companies like Trulieve may be trying to reach out to new customers, using methods like telemarketing. Unfortunately, this may lead to many spam calls, unwanted text messages, and faxes from companies. These messages may violate the TCPA if a consumer did not consent to receive them.

What Is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law that was enacted in 1991 and aims to protect the public from telemarketing. It is an amendment to the Communications Act of 1934. As technology has advanced, it has become easier and easier for companies to reach consumers. The TCPA has worked to adapt to these advancements, and it now regulates phone calls, faxes, voicemails, and text messages sent by telemarketers.

TCPA Compliance

The Telephone Consumer Protection Act prohibits many businesses from using automated equipment to call or text individuals without their consent. This means that telemarketers must receive prior express, written consent to text, call, or fax members of the public to advertise goods and services.

In particular, the TCPA prohibits businesses from contacting people whose numbers are on the National Do Not Call Registry.

To further curb telemarketing calls and texts, the TPCA prohibits businesses from using autodialers to contact many individuals at once. Most telemarketing texts and calls are placed using autodialers. Consumers may be able to tell that the message that they received was indeed sent en masse by identifying general language that seems like it is geared towards a large audience, and not just one person.

The law allows individuals to file a civil lawsuit to claim compensation for every willful or negligent violation of the TCPA.

There are exceptions to these guidelines. Some types of organizations are exempt from the regulations, and not all unwanted calls are prohibited, even if a number is on the National Do Not Call Registry. Norton explains that charities, survey companies, debt collectors, and political candidates can call numbers on the Do Not Call List.

One TCPA Lawsuit Denied Class Action Certification

Trulieve isn’t the first marijuana dispensary to draw attention regarding potential TCPA violations.

In February, Xaler, a cannabis delivery company in California, was facing a proposed TCPA class action lawsuit, but a judge determined there was insufficient evidence of a great enough number of plaintiffs for it to be considered class action.

The court decided that the plaintiff’s presentation of 78 online user reviews was not sufficient evidence that thousands of plaintiffs existed in the case.

The plaintiff had alleged that Xaler texted its customers without receiving proper express consent.

According to court documents, plaintiffs alleged Xaler had a “uniform policy of causing text messages to be sent to consumers’ cellular telephones on Xaler’s behalf without prior express consent.”

The court determined that the lawsuit failed to meet the threshold of numerosity, which says the class members need to be “so numerous that joinder of all members is impracticable.” The court deemed that even though the snapshots of online reviews show that at least 78 customers exist that there’s no evidence that any of those customers received an unwanted text message from Xaler.

On the website Weednow.com, Xaler appears to make sending the company text messages a prerequisite to doing business with them. Xaler asks customers to text a photo of their California ID and doctor’s recommendation and to send the delivery address in a separate text message. Xaler supplies marijuana delivery in West Hollywood, Santa Monica, West Los Angeles, Venice, Marina Del Rey and Culver City.

The case was Derval v. Xaler, Case No. 2:19-CV-01881-ODW, in the US. District Court for the Central District of California.

How Did Trulieve Violate the TCPA?

Unfortunately, some marijuana dispensaries may violate the TCPA and send unwanted spam texts and calls to potential customers, hoping that the risk will pay off in more sales. It may not be surprising that marijuana dispensaries may be trying to connect with consumers using text messages and calls to cell phones — Forbes notes that the tech-savvy demographic of people aged 25 to 44 make up 45% of all cannabis consumers.

It’s not known for certain whether Trulieve’s telemarketing violates the TCPA. However, Miami New Times reported that Trulieve has faced a TCPA lawsuit from a man who claimed that the company violated the TCPA by sending him unwanted spam texts.

Plaintiff Mats J. allegedly received several text messages from the medical marijuana dispensary which operates 22 locations in Florida. The text messages allegedly encouraged Mats to take advantage of ongoing sales or purchase certain products.

One text message read: “Hello Trulievers! Buy 2 Get 1 Free on TruClear today. Stackable with one 10% off discount for Vets, Snap or Trulievers.” Another message allegedly played on the day of the week, stating: “Happy Flower Friday Trulievers! Roll into the weekend with our restock of prerolls and flower. Doors open at 10 am. […] Have a great day!” In addition to marketing Trulieve’s products, the text messages allegedly linked to the company’s website.

Mats claims that these telemarketing text messages were illegal because he did not consent to receiving such messages from Trulieve.

As a result of these messages, the plaintiff reportedly experienced actual harm in the form of invasion of privacy, annoyance, intrusion on seclusion, and more as the text messages disrupted his daily life. Furthermore, the text messages allegedly wasted around 10 minutes of his time as he investigated the issue and took up memory on his phone, reducing its usability and slowing the phone’s performance.

To compensate himself for these alleged injuries, Mats seeks the maximum $1,500 damages per violation allowed under TCPA. He seeks these damages for both himself and a proposed Class of consumers who received similar text messages. Although exact numbers aren’t known, Mats argued that there could be thousands of consumers who received these illegal telemarketing communications.

Other recreational dispensaries are also facing legal challenges from plaintiffs who say they received auto-dialed texts and calls they never consented to.

How to File a TCPA Lawsuit

If you received an unwanted spam text from Trulieve or another marijuana dispensary, you may have a legal claim and could be eligible for compensation. Connecting with a lawyer can help you best determine if you might be able to file a TCPA lawsuit.

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.

Get a Free Case Evaluation Now

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