Light’N Up Cannabis Dispensary Faces TCPA Class Action Over Promotional Texts

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The company behind Light’N Up Provisioning & Microbuddery faces a proposed class action over allegedly unlawful telemarketing texts sent to a Michigan consumer.

According to the lawsuit, the Flint, Michigan cannabis dispensary sent to consumers’ cell phones thousands of auto-generated promotional text messages without securing the recipients’ prior express consent—an allegedly blatant violation of the federal Telephone Consumer Protection Act (TCPA).

The plaintiff says he received numerous text messages from the defendant throughout 2019, including the following texts sent on September 28, October 3, October 23, and October 26:

Per the complaint, the plaintiff never provided consent to receive the texts, which he believes were sent using automated technology given their generic nature. The suit alleges Light’N Up utilized a messaging platform that allowed the company to send thousands of automated text messages without human involvement.

The lawsuit explains that the TCPA prohibits any person from sending a text message to a non-consenting consumer’s cell phone using an automatic telephone dialing system—defined by law as equipment that has the capacity to store or generate phone numbers using a random or sequential number generator and to dial those numbers.

Upon information and belief, the defendant used a combination of hardware and software to send the messages at issue, the case says.

“The systems utilized by Defendant have the capacity to store telephone numbers using a random or sequential generator, and to dial such numbers from a list without human intervention,” the suit alleges.

The lawsuit echoes a flurry of litigation recently filed against cannabis dispensaries who’ve allegedly sent automated text messages to consumers’ cell phones without their prior express consent.

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