10. Sometime prior to November 20, 2012, Plaintiff entered into a contractual  relationship with Defendant for the purpose of utilizing a gym membership  offered by Defendant.     11. On or about November 20, 2012, Defendant sent a text message to  Plaintiff’s cellular telephone number ending in “4700.”   25. Plaintiff brings this action on behalf of himself and on behalf of all others  similarly situated (the “Class”).   26. Plaintiff represents, and is a member of the Class, consisting of:  All persons within the United States of America who  received a text message from Defendant or its agent/s  and/or employee/s on said person’s cellular telephone  that was sent using an automatic telephone dialing  system.   27. Defendant and its employees or agents are excluded from the Class.   Plaintiff does not know the number of members in the Class, but believes the  Class members number in the tens of thousands, if not more.  Thus, this  matter should be certified as a Class action to assist in the expeditious  litigation of this matter.   37. Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   38. The foregoing acts and omissions of Defendant 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 et seq.   39. As a result of Defendant’s negligent violations of 47 U.S.C. § 227 et seq.,  Plaintiff and the 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)(B).   40. Plaintiff and the Class are also entitled to and seek injunctive relief  prohibiting such conduct in the future.  41. Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   42. The foregoing acts and omissions of Defendant 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.   KNOWING AND/OR WILLFUL VIOLATIONS OF THE  TELEPHONE CONSUMER PROTECTION ACT  47 U.S.C. § 227 ET SEQ.   NEGLIGENT VIOLATIONS OF THE   TELEPHONE CONSUMER PROTECTION ACT  47 U.S.C. § 227 ET SEQ.   THE TCPA, 47 U.S.C. § 227 ET SEQ.  • As a result of Defendant’s negligent violations of 47 U.S.C. § 227(b)(1),  Plaintiff seeks for himself and each Class member $500.00 in statutory  damages, for each and every violation, pursuant to 47 U.S.C. §  227(b)(3)(B).  • Pursuant to 47 U.S.C. § 227(b)(3)(A), injunctive relief prohibiting such  conduct in the future.  • Any other relief the Court may deem just and proper. 