Calif. Dispensary Hit With TCPA Class Action Over Texts – Law360

Law360 (March 30, 2021, 7:19 PM EDT) — A California cannabis dispensary was hit with a proposed class action in federal court Tuesday for allegedly sending unsolicited and harassing telemarketing text messages in violation of the Telephone Consumer Protection Act.

Kentucky resident Justin Smith said in his complaint that VMK Inc., doing business as the dispensary Purple Lotus, uses “aggressive unsolicited marketing” to promote its services, which has harmed thousands of people. He said that over the past two years, Purple Lotus has sent him dozens of telemarketing text messages using an automatic telephone dialing system, or ATDS.

“At no point in time did plaintiff provide defendant with his express…

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