“Wake and Bake”: Vegas Dispensary Blum Hit in Latest in a Long Line of TCPA Class Actions Targeting Cannabis Industry

Quick story for you TCPAWorld.

In December, 2019 a couple of ladies—call them Madeline and Kathy— walk into a pot dispensary in Vegas to “browse selections.”

Upon entering, they are greeted by a fella at the door who tells them they have to provide their cell phone numbers if they want to enter the store. Vegas being Vegas, the ladies decide to provide their number and go inside to check out some pot.

But what happened in Vegas didn’t stay in Vegas.

Instead, months later the ladies were still receiving texts from the dispensary inviting them to “wake and bake” –but also to keep pot “out of the reach of children.” Classy.

Based on these allegations—this is just a story after all, not necessarily the truth—Madeline and Kathy have teamed up to sue the dispensary—Blum (with the little dots over the u)—and its parent company in the latest TCPA class action targeting the cannabis industry.

The theory is pretty simple—by requiring the ladies to give up their digits as a condition of entering the store the dispensary did not obtain the required “consent” to send informational, much less marketing messages advertising its products. M&K seek to represent a class of All persons in the United States who, within four years prior to the filing of this action, (1) were sent a text message by or on behalf of the Defendants, (2) using an automatic telephone dialing system, (3) for the purpose of promoting or selling Defendants’ goods and services, (4) without obtaining prior express consent of the recipient.

The case was filed in CD. Cal. yesterday and is styled MADELENE STANLEY and KATHERINE KELSCH, individually and on behalf of all others similarly situated vs. TERRA TECH CORP.; and MEDIFARM LLC

Notably Terra Tech has the honor of being the first company sued in a TCPA class action by the powerful Kazerouni Law Group in 2021.  Quite the honor.

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