Apollo Interactive Seeks to Strike TCPA Class Allegations as ‘Over Broad’
Plaintiff Heather Lee Minor’s class allegations of Telephone Consumer Protection Act wrongdoing against Apollo Interactive, an advertising agency that provides lead-generation services to businesses in the insurance industry, must be stricken because Minor’s proposed class fails to satisfy the requirements…
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of Rule 23 of the Federal Rules of Civil Procedure, said Apollo’s motion to strike Wednesday (docket 4:23-cv-00355) in U.S. District Court for Northern Florida in Tallahassee. Minor alleges she listed her cellphone number on the national do not call registry in March 2022, yet she received multiple text messages from Apollo targeted to named consumers she didn’t know (see 2308110002). Minor can’t establish an “adequately defined and clearly ascertainable proposed class,” said Apollo’s motion to strike. The premise of Minor’s claim is that she received several text messages but never consented to receive them while her phone number was listed on the DNC registry, it said. But her class allegations should be stricken or dismissed because her proposed class “fails to account for calls” Apollo made “with the prior express consent of the called party,” it said. Minor’s proposed class thus is “over broad and fails to satisfy the requirements of Rule 23,” it said.