Ignite International Sued over Text Messaging

Ignite International, the marijuana and CBD company founded by Instagram personality Dan Bilzerian, has become the latest cannabis-related business to be sued for sending unwanted text messages to market its products.

Plaintiff Tyler Baker of Vermont filed a lawsuit in federal court on June 23, claiming Ignite International violated the Telephone Consumer Protection Act when it sent him a text message solicitation earlier this year. The message was likely generated by an automated system and sent to thousands of other customers too, Baker alleges. For that reason, he is asking the court to certify his case as a class action lawsuit.

Lawsuit’s Claims About Ignite International

According to the lawsuit, which was filed with the U.S. District Court in the District of Nevada, Ignite International sent Baker a text message the evening of May 16. This happened despite the fact that Baker registered his cellular telephone number with the federal Do No Call Registry in 2004 and never gave Ignite his permission to send any messages, he said.

In fact, Baker had “no established business relationship” with Ignite International, he says.

The message, an image of which appears in the civil complaint, reads: “IGNITE: Reply Y to subscribe to recurring automated msgs about special sales, new products and more! Msg and data rates may apply.”

Based on the “impersonal” wording, Baker says it is clear the message was automatically generated and sent to thousands of people by an automatic telephone dialing system.

Baker’s phone battery was drained as a result of getting the unwanted text message, his lawsuit says, and that forced him to incur the cost of recharging the device, as well as the “wear and tear” on his phone.

Telephone Consumer Protection Act Overview

The Telephone Consumer Protection Act was passed by Congress in 1991 to prevent unwanted solicitation phone calls from being made to Americans who had grown weary of and had lobbied against the increasingly irritating practice. It restricts the use of automatic telephone dialing systems, artificial or prerecorded voice messages and now text messages, and requires entities making telephone solicitations to maintain do-not-call lists.

Lawmakers assigned the enforcement of the act to the Federal Communications Commission, or FCC. In 2012, responding to new technology and marketing trends, the FCC revised its rules regarding the act. From that point on, telemarketers of any kind were required “to obtain prior express written consent from consumers before robocalling or texting them,” the FCC’s guidelines say.

Similar Lawsuits and Trends

The Ignite lawsuit is one of several that have been filed in recent months against cannabis companies using text message marketing strategies. A man filed a class action lawsuit against the medical marijuana dispensary Trulieve in Florida in December over similar claims of unwanted text message solicitations.

The use of direct text message marketing to engage customers has become a popular option, particularly with startup companies, advertising industry experts say. Business.com reported that studies show text messages are effective at driving sales, likely because today’s consumers spend more time on their smart phones than ever before and find it a convenient way to make purchases.

Bilzerian describes Ignite International as a premium global cannabis brand that offers a variety of cannabis goods, from marijuana to CBD infused toothpicks, oils and vape pods, hemp gummies and THC products. The company was started in 2017 and lists its place of business as Las Vegas.

The Ignite International Class Action Lawsuit is Tyler Baker, on behalf of himself and those similarly situated, v. Ignite International Ltd. Case No. 2:20-cv-01172-JCM-DJA in the U.S. District Court District of Nevada.

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This article is not legal advice. It is presented
for informational purposes only.