23. Plaintiffs bring this action individually and on behalf of all others similarly situated for  Defendants’ violations of the Telephone Consumer Protection Act, 47 U.S.C. §227  (hereinafter “TCPA”).   24. The TCPA prohibits sending a text message solicitation to a cellular telephone using an  auto-dialer without the prior express written consent of the called party.  56. Plaintiffs brings this action on behalf of themselves and on behalf of all other persons  similarly situated.   58. Excluded from the Classes are Defendants and any entities in which Defendants have a  controlling interest; Defendants’ agents and employees; any Judge and Magistrate Judge  to whom this action is assigned and any member of such Judges’ staffs and immediately  families, and claims for personal injury, wrongful death, and/or emotional distress.   59. Plaintiffs does not know the exact number of members in the Classes, but a simple internet  search of Everalbum reveals hundreds of complaints.    60. Plaintiffs and the Classes have been harmed by the acts of Defendants.   61. This Class Action Complaint seeks injunctive relief and money damages.   62. The joinder of all Class Members is impracticable due to the size and relatively modest  value of each individual claim. The disposition of the claims in a class action will provide  substantial benefit to the parties and the Court in avoiding a multiplicity of identical suits.    63. The Classes can be easily ascertained through records maintained by Defendants and/or  through phone records maintained by Plaintiff, the Classes, and their wireless carriers.   65. As a person who received a text message from Defendants to his cellular phone using an  automatic telephone dialing system without his prior express consent, and whose telephone  number was on the “Do-Not-Call” registry, Plaintiffs assert claims that are typical of each  putative Class member. Plaintiffs will fairly and adequately represent and protect the  interests of the Class, and have no interests which are antagonistic to any member of the  Class.   67. A class action is the superior method for the fair and efficient adjudication of this  controversy. Class-wide relief is essential to compel Defendants to comply with the TCPA.  The interest of class members in prosecuting separate claims is small. Management of these  claims is likely to present significantly fewer difficulties than are presented in many class  claims because the text messages at issue are all automated and the class members, by  definition, did not provide the prior express consent required under the statute to authorize  calls to their cellular phones.   68. Defendants have acted on grounds generally applicable to the class, thereby making final  injunctive relief and corresponding declaratory relief with respect to the Class as a whole  appropriate. Moreover, on information and belief, Plaintiff alleges that the TCPA  violations complained of herein are substantially likely to continue in the future if an  injunction is not entered.  69. Plaintiffs and the Autodialer Class incorporate by reference all of the above paragraphs of  this Complaint as though fully stated herein.   71. As a result of Defendants’ negligent violations of 47 U.S.C. § 227(b) et seq., Plaintiffs and  the Autodialer Class are entitled to an award of $500.00 in statutory damages for each and  every violation, pursuant to 47 U.S.C. § 227(b)(3).   72. Plaintiffs and the Autodialer Class are also entitled to and seek injunctive relief prohibiting  such conduct in the future.  73. Plaintiffs and the Autodialer Class incorporate by reference all of the above paragraphs of  this Complaint as though fully stated herein.   74. The foregoing acts and omissions of Defendants constitute numerous and multiple knowing  and/or willful violations of the TCPA, including but not limited to each and every one of  the above-cited provisions of 47 U.S.C. § 227(b) et seq.   75. As a result of Defendants’ knowing and/or willful violations of 47 U.S.C. § 227 et seq.,  Plaintiffs and the Autodialer Class are entitled to treble damages, as provided by statute,  up to $1,500.00 for each and every violation, pursuant to 47 U.S.C. § 227(b)(3).    76. Plaintiffs and the Autodialer Class are also entitled to and seek injunctive relief prohibiting  such conduct in the future.  78. The foregoing acts and omissions of Defendants constitute numerous and multiple  negligent violations of the TCPA, including but not limited to each and every one of the  above-cited provisions of 47 U.S.C. § 227(c) et seq., as codified at 47 CFR § 64.1200.   79. Violations of 47 U.S.C. § 227(c) are separate, distinct, and cumulative with violations of  47 U.S.C. § 227(b).   80. As a result of Defendants’ negligent violations of 47 U.S.C. § 227(c) et seq., Plaintiff and  the DNC Class are entitled to an award of $500.00 in statutory damages for each and every  violation, pursuant to 47 U.S.C. § 227(c)(5).   81. Plaintiffs and the DNC Class are also entitled to and seek injunctive relief prohibiting such  conduct in the future.  82. Plaintiffs and the DNC Class incorporate by reference all of the above paragraphs of this  Complaint as though fully stated herein.   83. The foregoing acts and omissions of Defendants constitute numerous and multiple knowing  and/or willful violations of the TCPA, including but not limited to each and every one of  the above-cited provisions of 47 U.S.C. § 227 et seq.   84. Violations of 47 U.S.C. § 227(c) are separate, distinct, and cumulative with violations of  47 U.S.C. § 227(b).   85. As a result of Defendants’ knowing and/or willful violations of 47 U.S.C. § 227 et seq.,  Plaintiffs and the Class are entitled to treble damages, as provided by statute, up to  $1,500.00 for each and every violation, pursuant to 47 U.S.C. § 227(c)(5).    KNOWING AND/OR WILLFUL VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT  47 U.S.C. § 227(c) ET SEQ.  (On behalf of the DNC Class)   KNOWING AND/OR WILLFUL VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT  47 U.S.C. § 227(b) ET SEQ.  (On behalf of the Autodialer Class)   NEGLIGENT VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT  47 U.S.C. § 227(c) ET SEQ.  (On behalf of the DNC Class)   NEGLIGENT VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT  47 U.S.C. § 227(b) ET SEQ.  (On behalf of the Autodialer Class)  