Cannabis Dispensary Mr. Nice Guy Sent Spam Texts Without Permission, Class Action Claims

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Licensed cannabis dispensary Mr. Nice Guy has sent unsolicited spam text messages without obtaining prior express consent to do so, a proposed class action alleges. 

According to the 16-page suit, the defendant, Monex Place Wellness, Inc., has engaged in “aggressive unsolicited marketing” in violation of the Telephone Consumer Protection Act (TCPA). 

The plaintiff, an Orange County, California resident, claims to have received “numerous” unsolicited texts from Mr. Nice Guy, including the following communications from May and July 2020 in which the company advertised certain deals and products:

Per the lawsuit, the texts were sent in violation of the TCPA in that the defendant never received prior express written consent from the plaintiff before contacting the individual using an automated telephone dialing system. The case alleges the defendant’s use of a “long code” allowed the company to send “a large number of SMS messages” without any human involvement.

“The numbers used by Defendant are known as ‘long code,’ a standard 10-digit code that enables Defendant to send SMS text messages en masse, while deceiving recipients into believing that the message was personalized and sent from a telephone number operated by an individual,” the complaint claims. 

More specifically, the case alleges the cannabis dispensary utilized “a combination of hardware and software systems” with the capacity to store phone numbers using a random or sequential number generator and dial phone numbers without human intervention. 

The suit looks to represent a class comprised of those in the United States who, within the last four years, received a text message on behalf of Mr. Nice Guy that was sent using an automatic telephone dialing system for the purpose of soliciting the business’s goods and services without providing prior express consent to be contacted.

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