Lead Generation Agency Responsible for ‘Significant Portion’ of Spam Texts, Alleges Class Action
Americans “receive billions of spam text messages every year,” and Apollo Interactive, a performance marketing and lead generation agency in Los Angeles, “is responsible for a significant portion of this spam,” alleged plaintiff Eric Moorman’s Telephone Consumer Protection Act class…
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action Monday (docket 8:23-cv-01533) in U.S. District Court for Middle Florida in Tampa. Moorman’s home, phone and privacy, and those of his potential class members, “have been invaded by Apollo’s spam text messages,” it said. Moorman and the class members “have no relationship with Apollo, have no account with Apollo, have never provided any phone number to Apollo, and have never agreed for Apollo to send any type of communication,” it said. Moorman, and some of the class members, “tried to eliminate the harassment and invasion of privacy from unauthorized text messages” by registering their phone numbers on the national do not call registry, but that didn’t work, it said. “Apollo simply blasts text messages without caring whether they had consent” or whether the recipient’s phone number was listed on the DNC registry, it said. Moorman estimates Apollo has “knowingly and willfully” texted him at least 14 times, even though his number was listed on the DNC registry since October 2008, said his complaint. Apollo initiated the text messages, using an automated system, “for the purpose of encouraging the purchase of insurance,” it said. Apollo “stored or produced” Moorman’s phone number using a random or sequential generator, it said. The unwanted spam “is incredibly annoying, distracting, and frustrating to Moorman and the class members,” it said. “The spam invades their substantive right to privacy, namely the right to be free from unsolicited text messages,” it said. Apollo didn’t comment.