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Class actions against Aspen businesses — nuisance cases or valid pursuits?

Roots Rx in downtown Aspen on Wednesday, April 28, 2021. (Kelsey Brunner/The Aspen Times) A handful of Aspen businesses are learning that a misstep in communications with current customers and would-be patrons can expose them to potential liability under federal laws. The downtown marijuana dispensary Roots RX is the latest local business facing a class-action lawsuit in Denver federal court. Plaintiff Kathryn Potter of Miami sued the cannabis company, which is based in Aspen and whose owner lives here, last week over unwanted promotional text messages she has received. Her suit was filed under the Telephone Consumer Protection Act and alleged Roots RX continues to send her text messages despite her asking the company to stop.

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