Good Chemistry I, LLC is the defendant in a proposed class action that alleges the marijuana dispensary operator has sent unsolicited marketing text messages to consumers without first obtaining express written consent to do so.
The case out of Colorado district court explains that the federal Telephone Consumer Protection Act (TCPA) was implemented in order to prohibit companies from using automated telephone dialing technology to contact consumers via cell phone without authorization. According to the plaintiff, Good Chemistry, which operates cannabis dispensaries in Colorado, Massachusetts and Nevada, “has violated, and continues to violate” the TCPA by texting consumers in an effort to advertise its goods or services.
In sending the alleged texts, Good Chemistry utilized an automatic telephone dialing system capable of storing, producing or randomly dialing phone numbers without human intervention, the case claims. The plaintiff, who the suit says participates in the defendant’s Loyalty Program, never provided the company with express written consent to send text messages, the lawsuit alleges. Further, the man claims the text messages “disturbed and interfered with” his use and enjoyment of his phone.
Per the complaint, the plaintiff received at least three text messages from Good Chemistry in March 2020 in which the company prompted the man to order products online. The messages, the case says, were “impersonal in nature” and sent en masse to “hundreds if not thousands of consumers.”
“Plaintiff has never requested that Good Chemistry send text messages to him or offer him its services in any way,” the suit says.