in Newswire Published on August 11, 2020

Cannabis Dispensary Medcare Farms Hit with Class Action Over Alleged Spam Text Messages

Mims v. Medcare Farms 2.0, LLC

Filed: August 10, 2020 ◆§ 5:20-cv-01589

Medcare Farms 2.0 sent unsolicited text messages to consumers’ cell phones without securing prior express written consent to do so, a lawsuit claims.

Defendant(s)

Medcare Farms 2.0, LLC

Law(s)

Telephone Consumer Protection Act

State(s)

California

A proposed class action claims Medcare Farms 2.0, LLC has sent unsolicited, automated text messages to consumers’ cell phones without securing prior express written consent to do so.

Medcare Farms is a cannabis dispensary that utilizes automatic telephone dialing technology to send promotional text messages advertising its goods and services, according to the case. The plaintiff says she did not, at any point, provide Medcare Farms with express written consent to contact her using an automatic telephone dialing system.

The lawsuit relays the use of automated equipment to send non-emergency messages is prohibited under the Telephone Consumer Protection Act unless the caller obtains the recipient’s express consent to be contacted.

Per the complaint, the plaintiff received the following text messages from Medcare Farms beginning on May 15, 2020:

The generic and impersonal nature of the messages, which were all sent from the telephone number 218-276-6320, indicates the defendant used an automated messaging platform to send the texts without any human involvement, the lawsuit argues.

“Specifically, upon information and belief, Defendant utilized a combination of hardware and software systems to send the text messages at issue in this case,” the complaint claims. “The systems utilized by Defendant have the capacity to store telephone numbers using a random or sequential number generator, and to dial such numbers from a list without human intervention.”

According to the case, the defendant’s unsolicited text messages caused the plaintiff and proposed class members “actual harm,” including invasion of privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion.

The lawsuit comes on the heels of a recent wave of litigation against cannabis dispensaries over their alleged practice of sending automated promotional text messages without securing recipients’ consent.

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