A Denver man has filed a lawsuit alleging that the operator of marijuana stores in Colorado, Nevada and Massachusetts violated the federal telemarketing law by sending him promotional text messages without his permission.
In a proposed class-action suit, Bryce Abbink sued Denver-based Good Chemistry for the alleged spam promotions.
The 13-page lawsuit states the “alleged Class consists of over 100 persons,” and when they are aggregated, the claims together exceed $5 million.
In a similar case last December a Tennessee man sued Trulieve, the largest medical marijuana operator in Florida, for allegedly sending illegal text messages to his cellphone.
In the latest suit filed in Colorado’s U.S. District Court, Abbink claimed that on March 16 he received a text message from Good Chemistry asking him: “Take advantage of online ordering at Good Chemistry for express, in-store pickup. Click the link below to start your order. Reply STOP WS54 to cancel.”
He then received two other marketing messages on March 18, according the suit.
The company “intentionally and repeatedly violated” the Telephone Consumer Protection Act, according the suit.
Abbink was enrolled in Good Chemistry’s loyalty program, but in the suit he said he never provided written consent for the messages to be sent to him.
“The texts disturbed and interfered with Plaintiff’s use and enjoyment of his phone, in addition to the wear and tear on the phone’s hardware (including the phone’s battery) and the consumption of memory on Plaintiff’s phone,” according to the suit.
Good Chemistry did not immediately respond to a request for comment from Marijuana Business Daily.
One of the lawyers representing Abbink is State Democratic Rep. Steven L. Woodrow of Denver.
Written by John Rebchook.
View the original article at here.
Marijuana Business Daily