A California man claims in a proposed class action that CBD product maker Desert Lake Group, LLC sent to his cell phone at least two unlawful telemarketing text messages without permission and in violation of the Telephone Consumer Protection Act (TCPA).
Also doing business as First Class Herb Tincture, First Class Herbalist CBD, First Class Herbalist Oils, and USA Herbalist Oils, Desert Lake Group allegedly sent to consumers “thousands” of automated text messages in an attempt to market its CBD (cannabidiol) Gummies. According to the case, the plaintiff received texts from the defendant on November 2 and December 19, 2019 without ever having consented to receive such messages. The plaintiff argues that the “impersonal” nature of the texts he received indicates that the messages were sent through an automatic telephone dialing system, the use of which for non-emergency communication is not permitted absent the recipient’s consent.
The lawsuit seeks to cover anyone in the U.S. who, within the past four years, received to their cell phone one of the defendant’s text messages sent using an automatic dialing system without the recipient’s prior express written consent.