A Denver man has filed a lawsuit against Good Chemistry I LLC, the operator of four retail marijuana stores in Denver and Aurora, alleging the company violated federal telemarketing law by sending him promotional text messages without his consent.
Bryce Abbink stated 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.” The company sent him two additional marketing messages on March 18 before Abbink followed the instruction to cancel future messages.
“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,” Abbink wrote.
Although he was enrolled in Good Chemistry’s loyalty program, Abbink claimed that he never gave express written consent for the company to contact him through what he presumed is an automatic telephone dialing system to send mass text messages. Good Chemistry, he claimed, “invaded the personal privacy of Plaintiff” and “intentionally and repeatedly violated” the Telephone Consumer Protection Act, which restricts the use of autodialers. Under 2016 guidance from the Federal Communications Commission, senders of messages have the burden of proof that they obtained the recipient’s consent.
Good Chemistry did not have an immediate response to a request for comment.
Abbink, who is being represented in the class action suit by state Rep. Steven L. Woodrow, D-Denver, is asking that the court order the company to pay $500 for each violation and to find that Good Chemistry uses the type of autodialing technology restricted under the federal law.