Nev. Pot Shop Can't Shake TCPA Suit Over Out-Of-State Texts – Law360

Law360 (September 9, 2020, 6:13 PM EDT) — A Nevada cannabis company can’t dodge a proposed Telephone Consumer Protection Act class action over unwanted text messages, a California federal judge said Tuesday, holding that the company had enough information about the person it was texting to know she was out of state.

Euphoria Wellness LLC, which operates a Las Vegas marijuana dispensary, lost its bid to dismiss the TCPA suit after U.S. District Judge Charles Breyer said the fact it collected Jacqueline Jackson’s cellphone number and address means it was knowingly targeting an out-of-stater with its texts. Therefore, it’s appropriate for a federal court to exercise jurisdiction over the dispute, the judge said….

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