Enjoymint Delivered Hit with Class Action Over Alleged Spam Text Messages

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Cannabis delivery service Enjoymint Delivered faces a proposed class action over its alleged practice of sending automated telemarketing texts to consumers’ cell phones without securing prior express consent to do so.

According to the suit, this practice amounts to a violation of the Telephone Consumer Protection Act (TCPA), a law that prohibits companies from using automatic telephone dialing equipment to send non-emergency text messages without the recipients’ permission.

The plaintiff, an Alameda County, California resident, says she received several text messages from the San Jose-based company beginning in November 2020. 

The suit avers the long code texts constitute telemarketing given they encourage the future purchase of the defendant’s cannabis delivery services.

The plaintiff says she never provided consent to receive Enjoymint’s texts and has had her cell phone number registered on the National Do Not Call Registry since July 2015, which the case says should have deterred the defendant from sending the messages.

Given the “impersonal and generic nature” of the texts, the plaintiff suspects the alleged messages were sent using an automatic telephone dialing system “without any human involvement” and in violation of the TCPA.

According to the case, Enjoymint Delivered’s text messages have caused “actual harm,” including the invasion of the plaintiff’s privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion.

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