Cannabis Delivery Service Smoakland Hit with Class Action Over Alleged Spam Texts

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A proposed class action claims DeliverMD has sent automated text messages to consumers’ cell phones without securing their express consent to be contacted.

The lawsuit out of California claims the Oakland-based cannabis delivery service, which does business as Smoakland, overstepped the Telephone Consumer Protection Act (TCPA) with its “aggressive unsolicited marketing” campaign aimed at promoting its goods and services.

According to the complaint, the TCPA prohibits the sending of non-emergency telemarketing messages by way an automatic telephone dialing system unless the sender first obtains recipients’ prior express consent to be contacted. 

The plaintiff, a California resident, says that she’s received over the past year “numerous” advertisement text messages from Smoakland, including the following:

Per the complaint, the plaintiff never provided express written consent to receive the texts, which the suit alleges were sent using automated technology given their generic and impersonal nature.

The case claims the messaging platform used by Smoakland has allowed the defendant to send thousands of automated messages without any human involvement.

According to the suit, the plaintiff and other individuals who received the texts suffered “actual harm,” including invasion of their privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion.

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