Prescott Moore, LLC, which does business as Premium Meds, faces a proposed class action in which a California woman claims the cannabis delivery service has sent thousands of automated text messages without first securing recipients’ prior consent to be contacted.
According to the case, the defendant’s “aggressive unsolicited marketing” has overstepped the Telephone Consumer Protection Act (TCPA), which prohibits the sending of non-emergency messages by way of an automatic telephone dialing system unless the sender has obtained the recipient’s express consent to do so.
The plaintiff says she has received to her cell phone over the past year numerous text messages in which the Sacramento-based cannabis delivery company advertised its goods and services.
According to the case, the plaintiff never provided Premium Meds with her express written consent to be contacted via an automatic telephone dialing system (ATDS).
The suit alleges that the generic and impersonal nature of the messages indicates the defendant used an ATDS, which has the capacity to store telephone numbers using a random or sequential number generator and then dial those numbers.
Per the complaint, Premium Meds has sent thousands of similar text messages to consumers who also never provided express consent to be contacted.
The plaintiff claims the messages caused her “actual harm,” including invasion of privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion, not to mention an inconvenience and disruption to her daily life.
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