Hello Cannabis Vista Facing Class Action Over Alleged Telemarketing Texts
by Erin Shaak
Golden v. Hillside Holistic
Filed: September 10, 2021 ◆§ 3:21-cv-01591
Hello Cannabis Vista has been hit with a lawsuit that alleges it unlawfully sent telemarketing text messages without first securing consumers’ consent to do so.
California
Hello Cannabis Vista has been hit with a proposed class action that alleges the dispensary has unlawfully sent telemarketing text messages without first securing consumers’ consent to do so.
According to the case out of California, defendant Hillside Holistic, who does business as Hello Cannabis Vista, has violated the Telephone Consumer Protection Act (TCPA), a federal law that prohibits the use of automated dialing equipment to send non-emergency telemarketing calls and text messages unless the sender has obtained the recipient’s prior express permission to be contacted.
The lawsuit alleges Hello Cannabis’s unlawful telemarketing campaign has “harm[ed] thousands of consumers” who’ve received unsolicited texts advertising the cannabis dispensary’s products and services.
Behind the case is an Orange County, California resident who claims to have received the following advertisement texts from Hello Cannabis in May and July 2021:
According to the case, the plaintiff has never provided the defendant with his express written consent to receive the texts, which were allegedly sent from the numbers 760-478-2118 and 760-478-2145.
Moreover, the lawsuit claims the plaintiff’s cell phone number has been listed on the National Do Not Call Registry since October 2009. Per the suit, it is a violation of the TCPA to place more than one telemarketing call within a 12-month period to a number listed on the Do Not Call Registry without the recipient’s consent.
The plaintiff claims to have suffered “actual harm, including invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” not to mention inconvenience and a disruption of his daily life, as a result of the texts.
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