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SPAM TEXT MESSAGE VIOLATIONS RESULT IN JUDGEMENT OF $250,500.00 AGAINST CALI GROWN COLLECTIVE

  • Jared Hartman, Esq.
  • Posted on November 21, 2014

 

On November 17, 2014, Judge Staton of the Central District of California awarded the Plaintiff Judgment in the amount of $250,500.00 as a result of the Plaintiff receiving several hundred spam text messages in violation of the Telephone Consumer Protection Act (TCPA), codified at 47 U.S.C. 227(b).

The lawsuit was filed as a joint effort between the following law offices Hartman Law Office, Inc., Semnar Law Firm, Inc., Kazerouni Law Group, APC, and Hyde & Swigart. The Complaint alleged that the Defendant—Cali Grown Collective—began sending spam text messages to the Plaintiff in late 2013 soliciting his business for their medical marijuana collective, and each text message offered discounted rates on various strands of medical marijuana. Unfortunately, however, these spam messages were sent without the Plaintiff’s consent or authorization, and despite the fact that the Plaintiff had never once entered into any business transaction with Cali Grown Collective and never had any affiliation with them in any manner whatsoever.

After being properly served with the lawsuit, Cali Grown Collective failed to appear in the case. When a defendant fails to appear in a case after being properly served, the party who served them can pursue default judgment under Federal Rule of Civil Procedure (FRCP) 55. A default judgment under Federal law means the allegations pleaded in the complaint are deemed true, which then allows the Federal court to enter judgment against the defaulting defendant and also issue monetary relief for their legal violations. A copy of Judge Staton’s Opinion entering Default Judgment against Cali Grown Collective can be found here.Order Granting Default Judgement

Because the TCPA provides monetary damages based on the number of violations–$500.00 per violation at a minimum—and because in this case Cali Grown Collective committed several hundred violations despite the Plaintiff’s numerous attempts to make the messages stop, Judge Staton issued Judgment in Plaintiff’s favor for $250,000.00. A copy of the Judgment can be found here. Conformed Judgement

If you or anyone you know is receiving spam text messages as a marketing tactic without your consent or authorization, then you have rights that should be asserted against the company. The TCPA is primarily interested in protecting consumers’ rights to privacy and their right to let companies know how they can contact the consumer. If your rights are being violated, then you can assert those rights in a formal setting to seek compensation. Call us for a free and confidential consultation for more information.