Long Beach, Calif. Cannabis Dispensary Hit with Class Action Over Alleged Spam Texts

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Cannabis dispensary ShowGrow faces a proposed class action in which a Los Angeles County resident claims to have received “numerous” unsolicited telemarketing text messages over the last two years.

According to the lawsuit, Long Beach, California-headquartered NMG Long Beach, LLC, which does business as ShowGrow, has run afoul of the federal Telephone Consumer Protection Act (TCPA) in aggressively marketing its products, services and discounts to thousands of consumers via automatically generated text messages they never consented to receive.

“At no point in time did Plaintiff provide Defendant with her express written consent to be contacted using an [automated telephone dialing system],” the 16-page case alleges. 

Per the suit, the TCPA prohibits any person from calling, or texting, a cellular phone number by way of an automatic dialing system without first obtaining the recipient’s prior express consent to do so. The law defines an automated telephone dialing system as equipment with the capacity to store or produce phone numbers to be called, using a random or sequential number generator, and to dial those numbers, the case says. 

The text messages allegedly received by the plaintiff touted deals on different cannabis products, according to the suit. The lawsuit argues the “impersonal and generic nature” of the messages, which came from a 10-digit “long code,” indicates they were sent via automated technology.

The lawsuit claims the texts “caused [the] Plaintiff actual harm” in that the woman “wasted approximately ten minutes reviewing” each message, stopping “what she was doing to either retrieve her phone and/or look down at the phone to review the message.”

According to the complaint, the plaintiff and others alleged to have received unsolicited texts from ShowGrow are entitled to a minimum of $500 in damages for each TCPA violation. 

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