in Newswire Published on March 23, 2021

I Heart Canna Hit with Class Action Over Alleged Telemarketing Text Messages

Arnold v. Mothership Enterprises, Inc.

Filed: March 18, 2021 ◆§ 2:21-cv-00498

A lawsuit claims I Heart Canna has unlawfully sent telemarketing text messages without first obtaining recipients’ prior express consent to do so.

Defendant(s)

Mothership Enterprises, Inc. I Heart Canna

Law(s)

Telephone Consumer Protection Act

State(s)

California

Mothership Enterprises, Inc. faces a proposed class action that claims the Sacramento, California cannabis dispensary has unlawfully sent telemarketing text messages without first obtaining recipients’ prior express consent to do so.

The case alleges the defendant, who does business as I Heart Canna, has overstepped the Telephone Consumer Protection Act, a law that aims to reign in telemarketers’ use of automated telephone dialing technology to place calls and send texts to consumers who never consented to be contacted.

The plaintiff, a Solano County, California resident, says he received throughout the summer of 2020 the following advertisement text messages from I Heart Canna:

Per the lawsuit, the messages, which encouraged the purchase of the defendant’s cannabis products, continued throughout September, October and November 2020.

The plaintiff says he never provided express written consent to be contacted by I Heart Canna through text messages sent by way of an automatic telephone dialing system (ATDS). The case claims the “impersonal and generic nature” of the messages indicates they were sent using automated technology without any human intervention.

According to the lawsuit, the defendant’s messages caused the plaintiff actual harm, wasted his time, and disrupted his daily life:

“. . . Defendant hounded Plaintiff with persistent messages, including early in the morning and late at night, on weekends and during the week. Plaintiff was at home when Plaintiff received many of these messages, which resulted in an audible sound and the disturbance of the domestic peace of Plaintiff’s home.”

The case claims the defendant has similarly harassed, aggravated and invaded the privacy and disrupted the daily lives of thousands of other individuals.

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