New Leaf Naturals Unwanted Text Messages TCPA Class Action

New Leaf Naturals offers CBD products that consumers can order online. However, the complaint for this class action alleges that New Leaf markets its products at least in part through contacting consumer cell phones through the use of an automatic dialing system, in violation of the Telephone Consumer Protection Act (TCPA).

The class for this action is all persons in the US who (1) received a text message on their cell phones (2) made by or on behalf of New Leaf Naturals (3) without those persons’ prior express written consent, (4) between March 26, 2016 and the date the class notice in this case is distributed.

Congress passed the TCPA in 1991 because of consumer irritation at the growing volume of telemarketing. With the increasing availability of automatic dialing systems and equipment for playing prerecorded messaging, companies were contacting large numbers of consumers every day.

A particular concern at the time the law was passed was the expense of telemarketing to cell phone owners, who normally pay for incoming as well as outgoing calls. The TCPA makes it unlawful for telemarketers to place non-emergency calls to consumer cell phones, using automatic telephone dialing systems (ATDSs) or artificial or prerecorded voices, unless the telemarketers has the consumer’s prior express written consent to receive such calls.

The rules and regulations for the TCPA also set forth the requirements for obtaining such consent.

The term “calls” includes ordinary voice calls, voice messages, and text messages.

In this case, plaintiff Kristi Lee Allred received a telemarketing text message on her cell phone, on or about March 4, 2020, that read, “Hey Kristi it’s Jake from New Leaf Natural, thanks for checking out our site! Check out our newest Hemp Oil Extract to see the full health benefits today. Reply YES and I’ll send you a link to try it out for free.”

The text message was impersonal and generic, the complaint says, which is “a hallmark of an ATDS.” According to the complaint, plaintiff Allred never gave New Leaf Naturals her prior express written consent to receive such messages.

The complaint alleges both violations of the TCPA, which carry statutory damages of $500 for each such text message, and willful and knowing violations of the TCPA, which carry treble damages of up to $1,500 per such message.

The complaint asks for injunctive relief (that is, for the court to forbid New Leaf Naturals from sending such messages in the future), the $500 and $1,500 per message sent by the company in violation of the law, an award of attorneys’ fees and costs for this action, certification of the class action, and “[s]uch other relief as the Court deems just and proper.”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

New Leaf Naturals Unwanted Text Messages TCPA Complaint

March 26, 2020

New Leaf Naturals offers CBD products that consumers can order online. However, the complaint for this class action alleges that New Leaf markets its products at least in part through contacting consumer cell phones through the use of an automatic dialing system, in violation of the Telephone Consumer Protection Act (TCPA).

New Leaf Naturals Unwanted Text Messages TCPA Complaint

Case Event History

New Leaf Naturals Unwanted Text Messages TCPA Complaint

March 26, 2020

New Leaf Naturals offers CBD products that consumers can order online. However, the complaint for this class action alleges that New Leaf markets its products at least in part through contacting consumer cell phones through the use of an automatic dialing system, in violation of the Telephone Consumer Protection Act (TCPA).

New Leaf Naturals Unwanted Text Messages TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer