If you have received a marijuana dispensary spam text, then you are one of countless people across the country that has been forced to deal with these annoying and sometimes frequent spam texts. Solicitation through spam texts is annoying and potentially unlawful. If you have received a marijuana dispensary spam text, consider the following information that will help you learn more about spam solicitation and what you can do about it.
How Marijuana Dispensary Spam Texts Impact Consumers
Unwanted text messages from retailers, including marijuana dispensary text messages, can impact consumers in several ways. These messages can be inconvenient and annoying, especially if they are sent at night or during work hours; they can also be distressing, as consumers may have no idea how the dispensary was able to get their phone number. These messages can also be frustrating for practical reasons, such as the fact that they take up storage space on someone’s phone, can drain the battery, and depending on their phone plan may even cost them money to receive.
Telephone Consumer Protection Act (1991, 2015) and Other Guidelines
There are many regulations which detail how retailers and other organizations are (and aren’t) allowed to contact consumers through the phone. The Telephone Consumer Protection Act, which was first made law in 1991 before being updated in 2015 to reflect new policies and changing technologies, is the primary regulation that people turn to regarding unwanted solicitation messages.
According to the TCPA, companies are not allowed to use any form of automated dialing systems without previously expressed consent from that individual. A marijuana dispensary is also not allowed to contact any number that is officially registered on the National DNC (Do Not Call) list in addition to any consumers who have asked not to be contacted further. Another regulation regarding unsolicited text messages is that any solicitor must give the contacted consumer the clear and express option to stop receiving all calls and texts.
Are Marijuana Dispensary Spam Texts Regulated by the TCPA?
In most cases, a marijuana dispensary spam text will be considered a violation of the TCPA. There are specific circumstances under which a company is allowed to contact consumers, even if the messages may be seen as annoying or spam-like at first.
For example, if you have purchased something from a marijuana dispensary and opted-in to receive text messages regarding product updates, then the company is allowed to send you text messages regarding product updates and those would not be considered spam. However, if you revoke your consent to receive these updates and continue to receive them, then the messages would be considered a violation of TCPA.
Marijuana Dispensary Spam Texts Class Action Lawsuit
If you received marijuana dispensary spam texts, then you may be eligible to join a class action lawsuit investigation. If you believe you are eligible or you want to know more information, please feel free to contact the attorneys at Shamis & Gentile P.A. today.
