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In a lawsuit filed on September 23, Avail Professional Services, along with its CEO, Joseph Dussold, has accused Chey Lindsey Garrigan and her start-up, the Alabama Cannabis Industry Association, of engaging in fraud, misrepresentation, and breach of contract over a $15,000 sponsorship agreement.
The lawsuit, submitted to the Circuit Court of Montgomery County, details how the sponsorship, initially agreed upon in August 2023, was intended to promote Avail through social media marketing. However, according to the complaint, the promotional efforts fell significantly short of expectations.
The lawsuit states that “Through Avail, Dussold is a member of the Alabama Medical Cannabis Commission (AMCC), conducting business in Montgomery and throughout Alabama.”
On its LinkedIn page, the Alabama Cannabis Industry Association states, “We’re the voice for Alabamians passionate about medicinal cannabis. From medicinal product innovators, manufacturers, dispensaries, and patients, there is a story to be told. We promote common-sense, pro-cannabis legislation to ensure access to safe, effective, and affordable medicinal cannabis products.” Garrigan’s LinkedIn profile lists her as “Founding Chief Executive Director of the 501(c)(6) Alabama Cannabis Industry Association.”
The sponsorship agreement, detailed in the lawsuit, was intended to boost Avail’s brand visibility and reach a broader audience through social media promotion. Dussold and his company allege that this agreement was used to secure sponsorships from other businesses under false pretenses. The complaint asserts that Garrigan and her association “co-opted” Avail’s reputation and image to attract additional sponsors. As a result, other businesses familiar with Avail’s standing in the industry were reportedly lured into sponsorships, generating more profit for Garrigan’s association without providing reciprocating value for Avail.
According to the filing, the only marketing material produced in relation to the sponsorship was a single LinkedIn post by Garrigan’s association, which failed to gain any significant traction or views. “The marketing done for Dussold consisted of a single post on the social media outlet LinkedIn,” the complaint explains, adding that the post garnered almost no engagement, with the only notable reactions coming from people already affiliated with Dussold and Avail.
The lawsuit outlines a detailed timeline of events: on August 1, 2023, Dussold entered into the sponsorship deal, believing it would result in robust promotion. An invoice, marked August 1, 2023, was sent to Avail and is attached as Exhibit B. Following that, on August 2, 2023, wiring instructions for the $15,000 transfer were provided by Garrigan, and the funds were transferred by August 5, 2023.
However, the limited exposure provided in exchange for the $15,000 payment did not meet the contractual obligations, leading Avail to claim that Garrigan’s actions constituted fraud. The lawsuit further asserts that Garrigan had deliberately misrepresented the scope of marketing efforts, deceiving Avail into thinking that their sponsorship would lead to substantial visibility across various social media platforms and industry events.
“Several other vendors and businesses agreed to sponsorships after Avail had done so, leading the association to profit more from Avail’s sponsorship,” the complaint continues, suggesting that Garrigan’s association unjustly benefited from Avail’s established reputation in the industry.
In seeking relief, Avail is requesting not only a monetary award to recover the $15,000 paid but also pursuing injunctive relief to prevent further exploitation of their brand by Garrigan. They are demanding that Garrigan and her association cease any use of Avail’s likeness and image, and they seek compensation for the damages caused by the alleged deceptive sponsorship scheme.
As of now, Garrigan has not issued a public response to the allegations.
