Smoakland Faces Class Action Lawsuit over Spam Texts

Smoakland, a California-based marijuana delivery service, has been hit with a class action lawsuit over unwanted spam texts.

The online dispensary delivers marijuana, vapes, concentrates, edibles, CBD products, and more throughout California. Although the service may be convenient and a game-changer for many Californians, the recent class action lawsuit alleges that Smoakland violates federal law with spam text messages.

Plaintiff Tiana T. claims that she has received multiple Smoakland text messages over the past year – each advertising promotions and products sold by the company. Tiana maintains that she never consented to receive the text messages.

Tiana contends that she was materially affected by these text messages because she was forced to retrieve her phone and review each message for 15 to 30 seconds each time she received one. Further time was reportedly needed to contact a lawyer and take action against the text messages.

According to the Smoakland class action suit, the unsolicited spam texts constitute “invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.”

The telemarketing text messages were allegedly sent using an automatic dialing system, allowing Smoakland to send thousands of identical text messages at once.

The messages were sent from a “long code” – a 10 digit number that looks like a normal phone number and can deceive recipients into thinking a message is personalized. Instead, the numbers are allegedly used by SMS gateway providers to transmit identical messages to thousands of phone numbers, according to Tiana’s lawsuit.

“At no point in time did Plaintiff provide Defendant with her express written consent to be contacted using an [automatic dialing system],” the spam text class action contends. “The impersonal and generic nature of Defendant’s text message demonstrates that Defendant utilized an ATDS in transmitting the messages.”

According to the lawsuit, the advertising text messages are a violation of the federal TCPA.

Smoakland vs. TCPA

The TCPA is a federal law prohibiting businesses from contacting consumers with unsolicited telemarketing calls, texts, and faxes unless they have their prior written consent. The law also provides protection through the National Do Not Call Registry – a list of numbers that should not be contacted with telemarketing offers.

The TCPA aims to protect consumers from the nuisance of telemarketing texts and calls. The law recognizes that unsolicited messages and calls invade consumer privacy and disturb their solitude. Consumers are able to file individual lawsuits or a class action lawsuit against the offending company and seek up to $1,500 per violation. This means consumers could collect thousands of dollars for each text message they received.

According to the Smoakland class action, Tiana and other consumers are eligible for damages. Tiana is seeking compensation for herself and others who received unwanted text messages from Smoakland within the past four years despite never having provided prior express consent. Tiana claims there could be several thousands of Class Members, if not more.

The Smoakland lawsuit is also asking the court to order the defendant to cease its allegedly unlawful conduct.

The Smoakland TCPA Class Action Lawsuit is Torrez, et al. v. DeliverMD, Case No. 4:20-cv-07747, in the U.S. District Court for the Northern District of California.

Join a Free Marijuana Dispensary Unwanted Text Messages Lawsuit Investigation

If you received an unsolicited text message, ringless voicemail, robocall, and/or a call with a pre-recorded voice from a marijuana dispensary, you may be able to join a FREE marijuana dispensary unwanted text message class action lawsuit investigation.

Get a Free Case Evaluation Now

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