We introduced our readership to TCPA claims in this post last month, and it looks like our prediction was right: this week, Curaleaf became the latest defendant in a long line of TCPA class action complaints filed against cannabis companies this year.
The Complaint is brought by a Katherine Brooks in the Southern District of New York. Brooks alleges that Curaleaf violated the TCPA by “using an automatic telephone dialing system (“ATDS”) to bombard consumers’ mobile phones with non-emergency advertising and marketing text messages without prior express written consent.”
Brooks claims that in June 2020, Curaleaf sent two automated unsolicited marketing text messages to her cell. The next month, Curaleaf sent two additional text messages to Brooks from a different number, and then a final text message to Brooks from a third number. Brooks claims she did not give Curaleaf prior express written consent to send text messages to her cell, and she did not respond to, or otherwise do anything to express her consent to, any of the five messages.
The Complaint alleges that these text messages are subject to the TCPA because they came from a telephone system that constitutes an Automatic Telephone Dialing System (or ATDS)