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I Heart Canna Telemarketing Texts TCPA Class Action

Mothership Enterprises, Inc., which does business as I Heart Canna, is a cannabis dispensary located in California. Unfortunately, the complaint for this class action alleges that it “engages in aggressive unsolicited marketing” via telephone, in violation of the Telephone Consumer Protection Act (TCPA).

The No Consent Class for this action is all persons in the US who, between March 18, 2017 and March 18, 2021 (1) were sent a text message by or on behalf of I Heart Canna (2) using an automatic telephone dialing system (3) for the purpose of soliciting sales of I Heart Canna’s goods and services, (4) without the prior express consent of the persons who received the messages, or with the same manner of purported consent as I Heart Canna claims to have received from the plaintiff in this case.

The TCPA was passed in 1991 to try to protect consumers from the ever-increasing burden of telemarketing calls. Under the TCPA, businesses are prohibited from calling consumer cell phones using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice, except for emergency purposes or with the consumers’ prior express written consent.

In order to prove this consent, the complaint says, quoting the rules and regulations for the law, a business must show that it got a person’s signature that provides a “‘clear and conspicuous disclosure’ of the consequences of providing the requested consent … and having received this information, agrees unambiguously to receive such calls at a telephone number the [person] designates.”

At some time around June 18, 2020, the plaintiff in this case, Michael Arnold, received a text message from I Heart Canna, saying, “I Heart Canna – Mothership Enterprises, Inc.: $25 OFF on 1/2oz of Apple Pie Littlez. Valid today only! @IHeartCanna.com[.]”

Between July and November, the company continued to send Arnold text messages. Here are a sampling of their beginnings:

  • “I Heart Canna – Mothership Enterprises, Inc.: Hey IHC fam! Hope you have all been doing well. Stay indoors right now and let us come to you!…”
  • “I Heart Canna – Mothership Enterprises, Inc.: iHeartcanna has partnered with Paytender to offer you a safer transaction experience by paying with debit cards! This app works very similarly to PayPal where you can send money from your account!…”
  • “I Heart Canna – Mothership Enterprises, Inc.: Happy Friday IHC family! How are you all doing? Are you ready to end your week right with a visit from us? Skip the drive and let us come to you!…”

The impersonal and generic nature of the messages, the complaint says, show that I Heart Canna most likely used an ATDS to transmit them. Arnold never provided his prior express consent to receive such messages, the complaint says.

Article Type: Lawsuit
Topic: News, Privacy

Most Recent Case Event

I Heart Canna Telemarketing Texts TCPA Complaint

March 18, 2021

Mothership Enterprises, Inc., which does business as I Heart Canna, is a cannabis dispensary located in California. Unfortunately, the complaint for this class action alleges that it “engages in aggressive unsolicited marketing” via telephone, in violation of the Telephone Consumer Protection Act (TCPA).

I Heart Canna Telemarketing Texts TCPA Complaint

Case Event History

I Heart Canna Telemarketing Texts TCPA Complaint

March 18, 2021

Mothership Enterprises, Inc., which does business as I Heart Canna, is a cannabis dispensary located in California. Unfortunately, the complaint for this class action alleges that it “engages in aggressive unsolicited marketing” via telephone, in violation of the Telephone Consumer Protection Act (TCPA).

I Heart Canna Telemarketing Texts TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer