Oklahoma Dispensary Likewise Cannabis of Stillwater Hit with Class Action Over Alleged Spam Texts

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A proposed class action claims Oklahoma dispensary Likewise Cannabis of Stillwater has sent thousands of telemarketing text messages to consumers without first receiving express written consent to do so.

The 16-page complaint claims defendant Bonzinni Enterprises LLC’s conduct amounts to a “knowing and/or willful” violation of the Telephone Consumer Protection Act, a law that prohibits entities from using automated dialing technology to send non-emergency telemarketing messages unless they’ve received prior express written consent from recipients.

Per the case, the defendant’s messages have resulted in “the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.”

The plaintiff, a Grady County, Oklahoma resident, says he’s received from the defendant several text messages in which Likewise Cannabis encouraged him to buy its products and offered discounts:

According to the lawsuit, the plaintiff never expressly consented to be contacted by way of an automatic telephone dialing system (ATDS). The case claims the “impersonal and generic nature” of the texts indicates they were sent using an ATDS, a combination of hardware and software that allows the defendant to store telephone numbers using a random or sequential number generator and to dial those numbers without any human intervention.

Likewise Stillwater, according to the case, has transmitted thousands of similar automated messages without any human involvement.

The lawsuit looks to represent anyone who, within the past four years, was sent a text message by or on behalf of the defendant that was sent by way of an ATDS for the purpose of soliciting the company’s goods and services, and from whom the defendant claims it either did not obtain prior express written consent or obtained prior express written consent in the same manner as it claims to have obtained permission from the plaintiff.

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