Miholich

I. BACKGROUND

22 On June 16, 2021, Plaintiff Kyle Miholich filed a Class Action Complaint against 23 Defendant Senior Life Insurance Company, arising from Defendant’s alleged violations of 24 the Telephone Consumer Protection Act of 1991 (“TCPA”), 47 U.S.C. § 227, et seq. (ECF 25 No. 1). On September 7, 2021, Plaintiff filed a First Amended Class Action Complaint 26 (“FAC”). (ECF No. 8). 27 28 On September 21, 2021, Defendant filed a Motion to Dismiss and/or Strike the FAC pursuant to Rules 12(b)(1), 12(b)(6), 12(f), and 23 of the Federal Rules of Civil Procedure. (ECF No. 9). On October 13, 2021, Plaintiff filed an Opposition to the Motion to Dismiss and/or Strike. (ECF No. 15). On October 20, 2021, Defendant filed a Reply. (ECF No. 16). II. ALLEGATIONS IN THE FAC Plaintiff is an individual who resides in San Diego, California. On or about October 27, 2006, Plaintiff’s cellular telephone number ending in 5823 was added to the National Do-Not-Call Registry. Defendant is a corporation headquartered in Georgia that conducts business in San Diego. “Defendant has sent multiple text messages to Plaintiff on his cellular…