12.  Shortly thereafter, Plaintiff began receiving text messages from Capital One on his  cellular phone.     13.  The Plaintiff’s cellular phone number is identified as 757-###-5014.     14.  Based upon information and belief, the Defendant sent the text messages using an  automatic dialing system as defined by 47 U.S.C. § 227(a)(1).    15.  After receiving the messages, the Plaintiff texted “STOP” from his cell phone to  shortcodes 227898 and 728464 pursuant to the Capital One Terms and Conditions Agreement that  governed his banking relationship with Capital One.     16.  The Plaintiff sent the “STOP” requests on multiple occasions, including but not  limited to, November 3, 2018, and November 4, 2018.   17.  Notwithstanding that Plaintiff followed Capital One’s instructions explicitly to get  the text messages to stop, the Plaintiff continued to receive text messages from Capital One.   18.  On or about November 5, 2018, the Plaintiff sent a letter by U.S. Mail to Capital  One requesting that it stop sending text messages to his cell phone.     19.  The Plaintiff continued to receive text messages from the Defendant.   20.  On or about November 9, 2018, the Plaintiff sent an email to Capital One requesting  that it stop sending text messages to his cell phone.   21.  The Plaintiff continued to receive text messages from the Defendant.    22.  On or about November 27, 2018, the Plaintiff sent a second letter to Capital One  requesting that it stop sending text messages to his cell phone.   24.  Despite the Defendant receiving multiple notifications from the Plaintiff that he did  not want to receive text messages from Capital One, the Defendant continued to send text messages  to the Plaintiff’s cellular phone.    25.  The Defendant failed to comply with the requirements of the TCPA and associated  governing F.C.C. Rules and Regulations by continuing to transmit unwanted text messages via an  ATDS to the Plaintiff after he had revoked his consent, causing the Plaintiff to sustain damages to  include, but not limited to: intrusion on the Plaintiff’s privacy, occupation of the capacity of the  Plaintiff’s cell phone, wasting of the Plaintiff’s time, additional cellular charges, and  accompanying emotional distress.   26.  The Defendant is aware of its obligations under the TCPA.   27.  In 2014, the Defendant settled one of the largest TCPA class action lawsuits in  history.   28.  One of the terms of the settlement agreement was that the Defendant was required  to overhaul its TCPA compliance procedures.   29.  Despite knowing these legal obligations, the Defendant acted consciously in  breaching its known duties and violated the Plaintiff’s rights by failing to cease sending text  messages to Plaintiff’s cell phone using an ATDS after the Plaintiff revoked his consent.     30.  The Defendant’s conduct was not a mere mistake or accident.  Instead, it was the  intended result of their standard operating procedures, and the Defendant’s violations were  willfully and knowingly committed.    31.  From November 3, 2018 (the date that the Plaintiff first revoked his consent) to  present, he has received at least 153 text messages from the Defendant.  32.  The Plaintiff restates each of the allegations in paragraphs 1 through 30 as if set  forth at length herein.   33.  Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Plaintiff brings this  action for himself and on behalf of a class defined as follows:  All natural persons residing in the United States (a) who opened a Capital One  checking account, (b) within the four-year period preceding the filing of this action  and during its pendency, (c) to whom Capital One thereafter sent text messages  using an ATDS, (d) after such date as the class member revoked his or her consent.  Excluded from the class definition are any employees, officers, or directors of  Capital One, any attorney appearing in this case, and any judge assigned to hear  this action.    34.  The Plaintiff also bring this action on behalf of a portion of the Class described as  the following subclass:  The Short Code Subclass  All natural persons residing in the United States (a) who opened a Capital One  checking account, (b) within the four-year period preceding the filing of this action  and during its pendency, and (c) to whom Capital One thereafter sent text messages  using an ATDS, (d) after such date as the class member revoked his or her consent  by sending the phrase “STOP” to short code 227898 or to short code 728464.  Excluded from the class definition are any employees, officers, or directors of  Capital One, any attorney appearing in this case, and any judge assigned to hear  this action.    36.  The Plaintiff’s claim is typical of those of the class members.  All are based on the  same facts and legal theories.  Capital One’s failure to stop sending text messages using an ATDS  after a person revokes consent is typical of its regular business practices and policies.     37.  The Plaintiff will fairly and adequately protect the interests of the class.  The  Plaintiff has retained counsel experienced in handling class actions.  Neither the Plaintiff nor his  counsel has any interests that might cause them to not vigorously pursue this action. The Plaintiff  is aware of his responsibilities to the putative class and has accepted such responsibilities.   38.  Certification of a class under Rule 23(b)(1) of the Federal Rules of Civil Procedure  is proper.  Prosecuting separate actions would create a risk of adjudications that would be  dispositive of the interests of the other members not parties to the individual adjudications or would  substantially impair their ability to protect their interests.     39.  Certification of a class under Rule 23(b)(2) of the Federal Rules of Civil Procedure  is appropriate in that the Defendant has acted on grounds generally applicable to the class, thereby  making appropriate declaratory relief with respect to the class as a whole.   41.  Capital One violated 47 U.S.C. § 227(b)(1)(A)(iii) by using an ATDS to send text  messages to the Plaintiff and purported class members’ phones lines after they revoked their  consent.    42.  The Defendant’s conduct was not a mere mistake or accident. Instead, it was the  intended result of their standard operating procedures   43.  As a result of Capital One’s conduct and actions, the Plaintiff and purported class  members suffered actual damages.    44.  As a result of Capital One’s conduct and actions, the Plaintiff and purported class  members, are entitled to statutory damages.   45.  Defendant’s violations of 47 U.S.C. § 227(b)(1)(A)(iii) were willfully and  knowingly committed, rendering the Defendant liable for actual or statutory damages, and treble  damages under 47 U.S.C. § 227(b)(3). 