Calif. Pot Shop Hit With TCPA Suit Over Promo Texts

Law360 (July 8, 2021, 4:34 PM EDT) -- A California pot shop has been hit with a proposed class action under the Telephone Consumer Protection Act over purportedly unsolicited text messages, a sign that such suits are not dead after the U.S. Supreme Court's Facebook Inc. v. Duguid decision earlier this year.

Terry Fabricant, a Los Angeles County resident, alleged in Wednesday's suit that he received two text messages from Kushism Inc. in May 2020 that included a promotional offer and an advertisement for Mother's Day weekend deals. He said the texts were sent using an automatic telephone dialing system, or ATDS.

Fabricant said in the suit that he...

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