Desert Lake First Class Herbalist CBD Text Messages TCPA Class Action

The Telephone Consumer Protection Act (TCPA) was intended “to give consumers a choice as to how creditors and telemarketers may call them,” the complaint for this class action says. It also allows them to reject telemarketing, by requiring “prior express written consent” for telemarketing to cell phones. The complaint alleges that Desert Lake Group, LLC violated this law by sending automated text messages to consumers without permission. 

When Congress passed the TCPA in 1991, it was particularly concerned about calls to cell phones, because cell phone owners typically pay for incoming as well as outgoing calls. This means that unwanted telemarketing calls are an expense to them as well as a nuisance.

The TCPA forbids telemarketers to place calls to consumer cell phones using automatic dialing systems or artificial or prerecorded voices unless they have the consumers’ prior express written consent to receive such calls. In this context, “calls” refers to any contact, including voicemails or text messages. 

Desert Lake Group, the defendant in this case, does business under a number of names: First Class Herb Tincture, First Class Herbalist CBD, First Class Herbalist Oils, and USA Herbalist Oils.  When it contacted plaintiff Ryan Coyle, it was trying to promote its CBD gummies.

The first text message Coyle received on his cell phone came in on November 2, 2019. It began, “Ryan, try these CBD Gummies! CBD has been medically proven to help support stress, anxiety and pain?” A link followed. (This is an interesting claim: Who would want to “support” stress, anxiety, and pain?)

Another automated text message came in to Coyle’s cell phone on December 19, 2019. It began, “Ryan, reduce holiday anxiety, aches and pain with these CBD Gummy Bears. Now legal in all USA.” Again, a link followed. 

The complaint points out that the text messages were impersonal, which is often a sign that they were sent in a mass broadcast to a large number of recipients via an automatic dialing system.

The class for this action is

  • All persons in the US
  • To whose cell phones
  • Desert Lake Group sent, or caused to be sent, a text message
  • Using an automatic telephone dialing system, 
  • Between January 10, 2016 and the date of class certification in this case,
  • From whom Desert Lake did not claim to have obtained prior express written consent or claimed to have obtained it in the same manner it obtained it from the plaintiff in this case.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Desert Lake First Class Herbalist CBD Text Messages TCPA Complaint

January 10, 2020

The Telephone Consumer Protection Act (TCPA) was intended “to give consumers a choice as to how creditors and telemarketers may call them,” the complaint for this class action says. It also allows them to reject telemarketing, by requiring “prior express written consent” for telemarketing to cell phones. The complaint alleges that Desert Lake Group, LLC violated this law by sending automated text messages to consumers without permission.

Desert Lake First Class Herbalist CBD Text Messages TCPA Complaint

Case Event History

Desert Lake First Class Herbalist CBD Text Messages TCPA Complaint

January 10, 2020

The Telephone Consumer Protection Act (TCPA) was intended “to give consumers a choice as to how creditors and telemarketers may call them,” the complaint for this class action says. It also allows them to reject telemarketing, by requiring “prior express written consent” for telemarketing to cell phones. The complaint alleges that Desert Lake Group, LLC violated this law by sending automated text messages to consumers without permission.

Desert Lake First Class Herbalist CBD Text Messages TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer