Did Thrive Cannabis Send You Unwanted Spam Texts?

Thrive Cannabis Marketplace is facing a Telephone Consumer Protection Act (TCPA) lawsuit over allegations the marijuana purveyor sent unwanted text messages en masse.

What is Thrive Cannabis Marketplace?

Thrive Cannabis Marketplace is Nevada-based seller of recreational marijuana products. According to its website, Thrive Cannabis operates four locations, but its downtown Las Vegas dispensary is currently closed.

The business sells pre-rolled joints, cannabis flower, THC vape pens, marijuana concentrates, weed edibles and accessories to consumers age 21 and older.

Is Thrive Cannabis Sending Unwanted Spam Texts?

One plaintiff has filed a proposed class action lawsuit alleging Thrive Cannabis Marketplace has been sending consumers unsolicited spam text messages.

Lead plaintiff Angelia Lilly of Las Vegas claims she received three unwanted text messages from Cheyenne Medical LLC in May of this year. Cheyenne Medical does business as Thrive Cannabis Marketplace, according to court documents.

Is Sending Spam Texts a TCPA Violation?

Most marketing text messages are generated through the use of an automatic dialer that send a pre-written template to thousands of consumers at one time without any human intervention in the process. Consumers may take offense to receiving text messages sent by ATDS because the messages are impersonal and not directed to any single consumer.

In order to legally send automated text messages by using an automatic telephone dialing system (ATDS) to a cell phone user, the advertised business must receive prior written consent from the recipient.

Without such consent, the sender could be found in violation of the TCPA.

Lilly alleges she did not provide Thrive Cannabis Marketplace with permission to receive automated text messages to her cell phone. The TCPA lawsuit also alleges the unwanted text messages caused Lilly’s cell phone to drain, resulting in her incurring additional expenses for electricity and wear and tear on both her phone and its battery.

TCPA was enacted by the U.S. federal government in 1991 after consumers complained of being bombarded by unwanted telemarketing phone calls and faxes. TCPA is actually an amendment of the Communications Act of 1934.

TCPA places restrictions on businesses using ATDS, pre-recorded voice messaging, automatic dialers, faxes and text messages for advertising or marketing purposes.

The Federal Communications Commission (FCC) is in charge of the National Do Not Call Registry, which allows consumers to register any landline or cell phone number that they to prevent receiving unsolicited contact.

At the same time, the Federal Trade Commission (FTC) implements regulations that keep telemarketers from sending unwanted texts or making unsolicited telephone sales phone calls.

Have Any Lawsuits Been Filed?

Yes in the lawsuit mentioned above, Angelia Lilly is seeking between $500 and $1,500 in TCPA statutory damages for herself and fellow class members who received the unwanted spam texts.

The TCPA lawsuit alleges the spam texts were sent without prior written express consent from the consumers  and sent via an ATDS system. These spam texts purportedly advertised discounts available at Thrive Cannabis Marketplace and featured the ThriveNevada.com logo on them.

Even though the text messages contained the words, “Reply STOP TCM to cancel,” Lilly alleges she should not have needed to cancel the communication because she never provided permission to receive such texts in the first place. The Thrive Cannabis Lawsuit is Angelia Lilly v. Cheyenne Medical LLC, d/b/a Thrive Cannabis Marketplace, Case 2:20-cv-01051, in the U.S. District Court for the District of Nevada.

In recent years, many TCPA lawsuits have been filed against marijuana dispensaries across the U.S. Some of these have been filed against medical marijuana dispensaries, but some also have been filed against recreational marijuana dispensaries, such as Thrive Cannabis.

In July, a Michigan man filed a TCPA lawsuit against a local medical marijuana dispensary. Lead plaintiff Dane Theisen claims he started receiving a plethora of spam texts from Aey Capital LLC, which does business as Gage Cannabis.

Theisen said he tried to halt the texts by responding “Stop,” but that the opt-out measure did not work. Like Lilly in Vegas, Theisen claims he never provided the dispensary with written express consent to contact him through spam texts sent by an ATDS system. That case is Theisen v. AEY Capital LLC, Case No. 2:20-cv-11965, in the U.S. District Court for the Eastern District of Michigan.

How Can a Lawyer Help?

A seasoned lawyer can look at text messages, determine how they were sent, who sent them, and other particulars of the texts to determine whether the TCPA regulations were violated. Consumers who are tired of receiving annoying, unwanted text messages don’t have to keep having their days and nights interrupted by unscrupulous marijuana dispensary telemarketers.

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.