The Secret Stash Cannabis Telemarketing Text Messages TCPA Class Action

What’s the business of P2C3, LLC? Perhaps it would help to know that its principal place of business is in Colorado and that it does business under the name “The Secret Stash: Progressive Medicine.” Yes, it is a seller of cannabis—but the complaint for this class action alleges that it violated the Telephone Consumer Protection Act (TCPA) when it made cannabis telemarketing calls to consumers. 

Two classes have been proposed for this action.

  • The No Consent Class is all persons who, from October 17, 2014 (1) were sent a text message by or on behalf of The Secret Stash, (2) using an automatic telephone dialing system, (3) to solicit a membership with the company, and (4) for whom the company did not obtain prior express written consent or obtained it in the same manner as it supposedly did in this case.
  • The Do Not Call Registry Class is all persons in the US who, from October 17, 2014, (1) were sent a text message by or on behalf of The Secret Stash, (2) more than one time in any twelve-month period, (3) where the person’s telephone number had been listed on the National Do Not Call Registry for at least thirty days, (4) where the messages were to sell the company’s products and services to, and (4) for whom the company did not obtain prior express written consent or obtained it in the same manner as it supposedly did in this case.

Congress passed the TCPA to protect consumers from the barrage of telemarketing calls made possible by recent advances in telephone technology. Among other things, the law established a National Do Not Call Registry so that people who did not want telemarketing could register their phone numbers.

In 2012, restrictions were tightened on automated telemarketing to cell phones, requiring that advertisers obtain “prior express written consent” for calls made with automatic dialing systems or artificial or prerecorded voices. 

On or about June 17 and 20, 2017, December 29, 2017, March 9 and 12, 2018, and April 20, 2018, the complaint says, the company sent text messages to plaintiff Denise Stinnett’s cell phone. One began, “‘What did the paper say to the weed?’ Stop by today with ur answer for a Free preroll with purchase!” Another said, “New Years Sale! $55 1/2ozs & $15 8th. Any Strain! Purple Trainwreck and more! Shatter 2g $30! Today—Sunday 12/31! Hurry to The Secret Stash! 🙂 X to Stop”

The complaint says these messages constitute telemarketing because they encouraged Stinnett to buy the company’s products. It says that their impersonal and generic nature, and the fact that they were Short Code Messages, indicates that they were sent using an automatic dialing system. 

According to the complaint, Stinnet has never given her consent to receive the company’s telemarketing messages, and her phone number has been registered with the Do Not Call Registry since 2014.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

The Secret Stash Cannabis Telemarketing Text Messages TCPA Class Action

October 17, 2018

What’s the business of P2C3, LLC? Perhaps it would help to know that its principal place of business is in Colorado and that it does business under the name “The Secret Stash: Progressive Medicine.” Yes, it is a seller of cannabis—but the complaint for this class action alleges that it violated the Telephone Consumer Protection Act (TCPA) when it made cannabis telemarketing calls to consumers. 

p2c3_tcpa_complaint.pdf

Case Event History

The Secret Stash Cannabis Telemarketing Text Messages TCPA Class Action

October 17, 2018

What’s the business of P2C3, LLC? Perhaps it would help to know that its principal place of business is in Colorado and that it does business under the name “The Secret Stash: Progressive Medicine.” Yes, it is a seller of cannabis—but the complaint for this class action alleges that it violated the Telephone Consumer Protection Act (TCPA) when it made cannabis telemarketing calls to consumers. 

p2c3_tcpa_complaint.pdf
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer