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A California man is taking legal action against a cannabis dispensary and delivery service, alleging that it repeatedly bombarded him with unwanted marketing texts, even after he opted out. The lawsuit, filed in federal court Tuesday, accuses Shark Tank Group LLC of violating the Telephone Consumer Protection Act (TCPA) by continuing to send promotional messages despite multiple requests to stop.

This case adds to the growing wave of legal challenges targeting businesses that rely on aggressive text message marketing—often walking a fine line between outreach and harassment.

Text Messages Persist Despite Opt-Out Requests

According to the complaint, Allen Roush first received promotional texts from Shark Tank Group on October 25, 2023. He promptly responded with "STOP," the universally recognized opt-out command, expecting the barrage of messages to end. But the texts allegedly continued, undeterred.

Roush claims he sent a second "STOP" request in June 2024, yet Shark Tank Group kept sending promotional messages through December 2024. The lawsuit includes screenshots of the unwanted texts as evidence, underscoring the dispensary’s alleged disregard for consumer rights.

Making matters worse, Roush asserts that his phone number has been listed on the National Do Not Call Registry since 2009—a further violation of consumer protection laws, if proven.

Allegations of Noncompliance and Lack of Policy

Roush's complaint argues that the continued text messages suggest Shark Tank Group lacks a structured opt-out policy, proper employee training, or a system for maintaining a do-not-contact list.

"Any consent Roush may have given in the past was revoked with the 'STOP' message," the complaint states, emphasizing that Shark Tank Group should have legally ceased all communications after his initial request.

Class-Action Scope and Legal Demands

Roush is seeking to represent two classes of plaintiffs:

1. All U.S. residents who continued receiving text messages from Shark Tank Group after opting out.
2. Individuals on the National Do Not Call Registry who still received marketing messages from the company.

The lawsuit seeks statutory damages under the TCPA, as well as an injunction to prevent Shark Tank Group from continuing its current marketing practices.

Legal Teams and Next Steps

Roush is represented by attorney Ignacio J. Hiraldo of IJH Law. As of Wednesday, representatives for Shark Tank Group have not responded to requests for comment, and legal counsel for the company remains unknown.

As the lawsuit progresses, it could set a precedent for businesses using mass text messaging for marketing, particularly in industries like cannabis, where direct advertising is often restricted. If Shark Tank Group is found liable, it may face significant penalties, reinforcing the need for companies to rigorously comply with opt-out requests and federal consumer protection laws.