A Denver man filed a lawsuit alleging that the operator of marijuana stores in Colorado, Massachusetts and Nevada violated federal telemarketing law by sending him promotional text messages without his permission.
In a proposed class action suit, Bryce Abbink sued Denver-based Good Chemistry for the alleged spam promotions.
According to the 13-page lawsuit, the “alleged Class consists of over 100 persons,” and when they are aggregated, the claims together exceed $5 million.
In a similar case last December, a Tennessee man sued Trulieve, the largest medical marijuana operator in Florida, for allegedly sending illegal text messages to his cellphone.
In the latest suit, filed in Colorado’s U.S. District Court, Abbink claimed that on March 16 he received a text message from Good Chemistry asking him to “Take advantage of online ordering at Good Chemistry for express, in-store pickup. Click the link below to start your order. Reply STOP WS54 to cancel.”
He then received two other marketing messages on March 18, according to the suit.
The company “intentionally and repeatedly violated” the Telephone Consumer Protection Act, according to the suit.
Abbink was enrolled in Good Chemistry’s loyalty program, but in the suit, he said he did not provide written consent for the messages to be sent to him.
“The texts disturbed and interfered with Plaintiff’s use and enjoyment of his phone, in addition to the wear and tear on the phone’s hardware (including the phone’s battery) and the consumption of memory on Plaintiff’s phone,” according to the suit.
Good Chemistry did not immediately respond to a request for comment from Marijuana Business Daily.
One of the lawyers representing Abbink is State Democratic Rep. Steven L. Woodrow of Denver.