The 1 Delivery Service Hit with Class Action Over Automated Text Message Ads

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The 1 Delivery Service Inc. has been hit with a proposed class action that claims the cannabis delivery company sent automated text messages to consumers’ cell phones without securing prior express consent to do so.

According to the lawsuit, the defendant’s texts violated the Telephone Consumer Protection Act, a law that prohibits entities from using an automatic telephone dialing system (ATDS) to send non-emergency telemarketing texts to consumers who never provided prior express consent to receive the messages.

“To promote its services, Defendant engages in aggressive unsolicited marketing, harming thousands of consumers in the process,” the complaint charges.

The plaintiff, a California resident, says he received over the past year “numerous telemarketing text messages” from the Oakland-based company, who sent the texts in an effort to promote its cannabis delivery services.

Per the suit, the plaintiff did not provide express written consent to be contacted using an ATDS at any point in time. The case argues that the “impersonal and generic nature” of the texts indicates the messages were sent using automated technology without human involvement.

“Specifically, upon information and belief, Defendant utilized a combination of hardware and software systems to send the text messages at issue in this case,” the complaint says. “The systems utilized by Defendant have the capacity to store telephone numbers using a random or sequential number generator, and to dial such numbers from a list without human intervention.”

The plaintiff says the defendant’s text messages caused “actual harm,” including invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion, as well as inconvenience and disruption to his daily life.

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