Hydroponics Company Hit With TCPA Claim

Hydropnics Inc., a California company that supplies hydroponics equipment for use in the growth of cannabis, allegedly “utilizes automated telemarketing text messages to market and advertise [their] business and services” without the input or consent of the recipient, according to a new lawsuit filed Wednesday in the Central District of California.

Plaintiff Vanessa Camacho alleged that these actions violated the Telephone Consumer Protection Act (TCPA), which prohibits autodailed or pre-recorded calls made without the consent of the receipient. The plaintiff sought to represent a class consisting of “All persons within the United States who, within the four years prior to the filing of this Complaint, were sent a text message by Defendant or anyone on Defendant’ behalf, to said person’s cellular telephone number, advertising Defendant’s services, without the recipients prior express consent, using the same equipment used to call Plaintiff’s cellular telephone, in violation of the TCPA.

The plaintiff provided screenshots of three text messages sent to her phone in September and October 2019. The messages advertise sales at Hydropnics Inc.’s business and provide a phone number and website link. Camacho allegedly received the messages even though “[a]t no time did Plaintiff provide Plaintiff’s cellular number to Defendant through any medium, nor did Plaintiff consent to receive such unsolicited text messages.”

Camacho is represented by Edwards Pottinger. The case is set to be heard before Judge Jesus G. Bernal.

Hydroponics Inc., according to the website displayed in the text message, “is a multiple-award-winning technology-enabled provider of global agricultural supplies, data & analytics, and procurement for commercial farms.”