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Ariz. Cannabis Seller Text-Messages Numbers on DNC Registry, Alleges Class Action

Asher Bronstin listed his cellphone number on the national do not call registry in 2021, and it has been registered there continuously since, yet Simply Better Brands, a Scottsdale-based seller of cannabis goods, sent him at least five telemarketing text messages advertising its cannabidiol gummies, alleged Bronstin’s Telephone Consumer Protection Act class action Tuesday (docket 2:24-cv-00792) in U.S. District Court for Arizona in Phoenix. Though Bronstin replied “stop” to opt out, the messages “unsurprisingly continued,” said the complaint. The plantiff never provided his consent or requested the text messages, which were all “unwanted, nonconsensual encounters,” it said. Bronstin and all members of the class have been harmed by the acts of the defendant “because their privacy has been violated and they were annoyed and harassed,” it said. The text messages also occupied their phone lines, storage space and bandwidth, “rendering them unavailable for legitimate communication, including while driving, working, and performing other critical tasks,” it said.