1136 Yuma Advertises Cannabis Via Unwanted Text Messages TCPA Class Action

Yuma Way, LLC does business as 1136 Yuma. The company is a cannabis dispensary, and the complaint for this class action alleges that it seeks to boost its sales through unlawful telemarketing, in violation of the Telephone Consumer Protection Act (TCPA), which tries to protect ordinary people from this kind of invasion of privacy.

The No Consent Class for this action is all persons who, between September 21, 2016 and the present,

  • Were sent a text message by or on behalf of 1136 Yuma,
  • Using an automatic telephone dialing system,
  • For the purpose of soliciting them to buy 1136’s goods and services, and
  • From whom 1136 Yuma did not obtain prior express written consent or obtained it in the same manner as it supposedly obtained it from the plaintiff in this case.

Under the TCPA, telemarketers are forbidden from placing calls to consumers’ cell phones using automatic telephone dialing systems (ATDSs) or artificial or prerecorded voices, unless they have the consumers’ prior express written consent. “Placing calls” includes making ordinary voice calls, leaving voice messages, and sending text messages.

The regulations set forth in detail how “prior express written consent” may be obtained, so that consumers have a “clear and conspicuous disclosure” of what they are agreeing to.

Nevertheless, sometime around July 24, 2020, the plaintiff in this case, Yvonne Wasif, received a text message on her cellular telephone inviting her to buy products from 1136 Yuma. The message, reproduced in the complaint, read: “TimeFlies @ 1136 Yuma! Sel 1/2oz $39, 4gWax $59, 100mgDevour $9, TheClearBOGO 50%off, 1/2oz Shake $25, KeefCola 2x100mg $30, End 7.30 Reply sotp CZ32 To CANCEL.”

The complaint alleges that 1136 Yuma’s “text message constitutes telemarketing because it encourages the future purchase or investment in property, goods, or services, i.e., selling [Wasif] cannabis products” since it “advertises [1136 Yuma’s] cannabis specials and prices…”

Wasif alleges that she never gave 1136 Yuma her express written consent to be contacted with an ATDS.

The complaint claims that the “impersonal and generic nature of [1136 Yuma’s] text message demonstrates that [the company] utilized an ATDS in transmitting the messages.” It alleges, “The number used by [1136 Yuma] is known as a ‘long code,’ a standard 10-digit phone number that enabled [1136 Yuma] to send SMS text messages en masse, while deceiving recipients into believing that the message was personalized and sent form a telephone number operated by an individual.”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

1136 Yuma Advertises Cannabis Via Unwanted Text Messages TCPA Complaint

September 21, 2020

Yuma Way, LLC does business as 1136 Yuma. The company is a cannabis dispensary, and the complaint for this class action alleges that it seeks to boost its sales through unlawful telemarketing, in violation of the Telephone Consumer Protection Act (TCPA), which tries to protect ordinary people from this kind of invasion of privacy.

1136 Yuma Advertises Cannabis Via Unwanted Text Messages TCPA Complaint

Case Event History

1136 Yuma Advertises Cannabis Via Unwanted Text Messages TCPA Complaint

September 21, 2020

Yuma Way, LLC does business as 1136 Yuma. The company is a cannabis dispensary, and the complaint for this class action alleges that it seeks to boost its sales through unlawful telemarketing, in violation of the Telephone Consumer Protection Act (TCPA), which tries to protect ordinary people from this kind of invasion of privacy.

1136 Yuma Advertises Cannabis Via Unwanted Text Messages TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer