Soar Collective, Inc., which does business as Orange County Cannabis Club, faces a proposed class action wherein the dispensary is accused of sending automated telemarketing text messages without securing recipients’ consent to do so.
The suit alleges the defendant has overstepped the Telephone Consumer Protection Act, a law that prohibits entities from using an automatic telephone dialing system (ATDS) to send non-emergency telemarketing texts to a consumer’s cell phone unless the individual has provided express written consent to be contacted in that manner.
The lawsuit claims Orange County Cannabis Club has engaged in “aggressive unsolicited marketing” at the expense of thousands of consumers.
The plaintiff, a Mississippi resident, says he has received numerous telemarketing texts from the defendant within the past year. The texts were sent from the telephone numbers (989) 310-7779, (206) 222-9702, (415) 940-7441, and (251) 451-4025, the suit says.
Per the case, the plaintiff never provided express written consent to receive the texts, which promoted the defendant’s cannabis products.
Moreover, the lawsuit claims the “impersonal and generic nature” of the messages indicates they were sent using an ATDS “without any human involvement,” in alleged violation of the TCPA.
The defendant’s texts, according to the suit, caused the plaintiff “actual harm,” including invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion.
“Defendant’s text messages also inconvenienced Plaintiff and caused disruption to his daily life,” the complaint reads.
The lawsuit looks to cover anyone in the U.S. who, within the past four years, was sent a text message from the defendant by way of an automatic telephone dialing system for the purpose of promoting the company’s goods and services and who never provided express consent or the “same manner of purported consent” that Orange County Cannabis Club claims to have obtained from the plaintiff.
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