Class Action Alleges Pest Control Firm Pestered Former Client With Text Messages

Plaintiff Kristi VonDeylen seeks statutory damages and injunctive relief so defendant Aptive Environmental will stop making unsolicited phone calls and sending text messages to numbers on the national do not call registry, said VonDeylen’s Telephone Consumer Protection Act class action Friday (docket 0:24-cv-02051) in U.S. District Court for Minnesota. VonDeylen and members of the class “suffered a concrete injury in fact, whether tangible or intangible,” that’s directly traceable to Aptive’s conduct, “and is likely to be redressed by a favorable decision in this action,” said her complaint. VonDeylen signed a contract in May 2020 for Aptive’s quarterly pest control services, but never consented to receiving Aptive’s text messages, it said. Aptive abruptly stopped coming to VonDeylen’s home after January 2021, and VonDeylen didn’t pay for Aptive’s services after that, it said. Yet “out of nowhere” in June 2023, VonDeylen began receiving incessant text messages from Aptive asking her to create an autopay account, it said. Aptive didn’t obtain VonDeylen’s express consent before sending her the unsolicited text messages, it said. Aptive also ignored VonDeylen’s “explicit and repeated instructions to cease texting her.” As such,

Aptive “willfully and knowingly” violated the TCPA, it said. Aptive’s text messages “stressed and harassed” VonDeylen. Her inability to stop the messages, “as is her right by statute,” also caused stress.