Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filing:
Class action lawsuit filed on February 19, 2020 in United States District Court, Northern District of Illinois, “for legal and equitable remedies resulting from the [alleged] illegal actions of VidaCann, LLC in sending automated text message advertisements to [Plaintiff’s] cellular telephone and the cellular telephones of numerous other individuals across the country, in clear violation of the Telephone Consumer Protection Act.”
According to the class action complaint, “[n]on-party ActiveCampaign, Inc. is a marketing company that specializes in e-mail and SMS text-message marketing to consumers.” Allegedly, non-party ActiveCampaign “initiated and transmitted the SMS text messages at issue in [the class action lawsuit] to Plaintiff and members of the proposed Class on behalf of VidaCann, LLC, “a medical marijuana company based in Jacksonville, Florida.”
VidaCann, according to the complaint, “transmitted, by itself or through an intermediary or intermediaries, multiple text messages” to the cellular telephone used by the Plaintiff. The complaint alleges that “[a]ll of the subject text messages received by Plaintiff and the members of the putative Class were transmitted by or on behalf of Defendant, including by ActiveCampaign, Inc. on Defendant’s behalf, without the requisite prior “express written consent” of Plaintiff or any member of the putative Class.”
According to the complaint, “[e]ach unsolicited text message sent by or on behalf of [VidaCann] to Plaintiff’s [cellular telephone] originated from the telephone number (833) 223-3820, which is a dedicated telephone number leased or owned by or on behalf of ActiveCampaign, Inc. or [VidaCann] that [VidaCann] uses to transmit text messages to consumers en masse, in an automated fashion and without human intervention.”
The complaint contained the following example of a text message, allegedly, sent to the Plaintiff’s cell phone:
VidaCann: Our delivery special is extended! Click the link for this
great deal. Reply STOP VIDACANN to cancel https://erll.co/gB9qlsFXXVg9
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.