14. The named Plaintiff is the subscriber and regular user of cellular telephone service for telephone number (404) 749-8857.  15. AIC has initiated telephone calls to Plaintiffs cellular telephone number.  16. Plaintiffhas never provided AIC with his cellular telephone number.  17. Plaintiffhas never provided AIC with permission to make or initiate calls to his cellular telephone number.  18-A-3010 NOV 13, 2018 05:18 PK (ML J. dm)� VatwIb T. CI** SlaSu Cobb Courtly. flktocip* 20. The fact that voice used on the telephone messages is artificial and/or prerecorded is clear to the listener. The voice is choppy from word to word, indicating a computer is reading a  21. script rather than a live person,  22. During the artificial or prerecorded voice script message, a short pause occurs which is followed by an interjected computer generated voice which attempts to read the name ofan individual person.  23. The name ofsuch individual is unintelligible from the artificial, computer generated voice. 24, Plaintiff has received at least 14 such messages which each sounded identical to the others.  25. Plaintiff also received at least 3 calls which consisted of dead air.  26. AIC used an artificial or prerecorded voice message when it initiated calls to Plaintiff and the class.  27. The use ofan artificial voice and abandoned dead air calls is also indicative ofthe use of an automatic telephone dialing system.  29. AIC uploads contact information, including cellular telephone numbers, into TCN's secure contact manager to be stored.  30. AIC then has the option of mapping the contact information with more data in order for the TCN system to better prioritize and sequence calls to the cellular telephone numbers for a calling campaign.  31. The calls are launched automatically by the TCN system when a dialing campaign is set to occur.  32. AIC agents can log into an agent gateway, and the dialer will route calls to the agent once the dialer receives a live connection.  33. The dialer can also play artificial or prerecorded voice messages, such as the ones played in telephone calls to Plaintiff. 34, The TCN dialer provides for conditional and sequential dialing. 35 . The TCN dialer stores telephone numbers in its secure contact manager.  36. The TCN dialer uses a sequential number generator to automatically generate a sequence oftelephone numbers to be called from the database stored in the secure contact manager.  37. The TCN dialer dials such numbers.  39. The TCN dialer can dial without human intervention at the time the call is initiated.  40. The TCN dialer is an automatic telephone dialing system. 41 . The telephone calls to Plaintiffs cellular telephone number, and to the class, were initiated using an automatic telephone dialing system.  42. The TCN dialer provides for cellular scrubbing to prevent calling ceilutar telephone numbers, ifthe caller chooses to utilize this feature.  43. Plaintiffhas never given AIC permission to call his cellular telephone number.  44. Plaintiff dtd not wish to be contacted by AIC for any purpose.  45. On multiple occasions, Plaintiff requested the AIC to cease calling.  46. Despite Plaintiffs demand that AIC cease calling his cellular telephone, AIC continued to initiate calls to Plaintiffs cellular telephone number using artificial or prerecorded voice messages and an automatic telephone dialing system, at times initiating multiple calls during the same day.  49. In the alternative, AIC could have conducted a simple cellular telephone number scrub using the TCN dialer to determine that (404) 749-8857 was a cellular telephone number.  50. Continuing to initiate calls to cellular telephone numbers without conducting a cellular scrub, particularly after a request to cease doing so, was in reckless disregard ofAlC's obligations under the TCPA.  51. It was the intent of AIC to initiate the telephone call campaigns.  52. The telephone calls made by AIC to Plaintiffs and to die class members' cellular telephone numbers were knowingly and willfully initiated.  53. Manufacturers and vendors of dialing software, hardware and equipment, such as that employed by AIC, routinely provide their clients manuals and other media concerning TCPA compliance, m particular scrubbing or flagging ofcellular telephone numbers.  56. The legally protected rights under the TCPA closely relate to rights enforceable at common law, including without limitation to the torts of intrusion upon seclusion, nuisance, harassment, tortuous infliction of emotional distress, and unreasonable collection practices.  57. All conditions precedent to bringing this action have been complied with. 59. Plaintiff alleges a subclass ofsuch persons from which A1C obtained the cellular telephone number from the same source from which it obtained telephone number (404) 749-8857.  60. The claims ofthe Plaintiff are typical of those ofthe class members. All are based on the same facts and legal theories.  60. The exact size ofthe class is information within the exclusive knowledge of the Defendant.  61. The class is so numerous that joinder ofat! members is Impractical.  62. The allegation of the previous paragraph is likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. This allegation is based upon the following information; 1) Plaintiff himself received many calls to his cellular telephone from AIC, indicating Defendant did not scrub to remove cellular telephone numbers; 2) Many ofthe received calls to Plaintiff included an artificial or prerecorded voice message; 3) the very purpose of automated dialers is to call numerous persons in a short amount of time, and Plaintiff received multiple calls to his cellular telephone; and 4) the sheer size and scope of AIC's collection campaigns.  63. for his claims of monetary damages.  64.1200(a)(lXiii).  64. Defendant has acted on grounds that apply generally to the class making final injunctive relief appropriate to the class as a whole. Plaintiff requests certification of a class pursuant to Fed. R. Civ. P. 23(bX2)  65. Based on Defendant's pattern and practice of violating the TCPA, future violations will continue.  65. for his claims for injunctive relief. 66. The only way to prevent the Defendant from continuing to violate the TCPA is to enjoin the defendant from further use of automatic telephone dialing system.  67. Accordingly, Plaintiff, individually and on behalf of the Class, seeks injunctive relief pursuant to 47 U.S.C. §227(bX3)(A) to enjoin and prohibit Defendant from use ofan automatic telephone dialing system in the future,  68. In the alternative, Plaintiff individually and on behalfofthe class, seeks injunctive reliefpursuant to 47 U.S.C, § 227(b)(3)(A) to enjoin and prohibit Defendant from continuing use of an automatic telephone dialing system without the prior express consent ofthe called party in the future. 70. Based on Defendant's pattern and practice of violating the TCPA, future violations will continue.  71. The only way to prevent the Defendant from continuing to violate the TCPA is to enjoin the defendant from further use of artificial or prerecorded voice calls.  72. Accordingly, Plaintiff, individually and on behalfofthe Class, seeks injunctive reliefpursuant to 47 U.S.C. §227{bX3)(A) to enjoin and prohibit Defendant from use ofartificial or prerecorded voice calls in the future.  74. The acts ofDefendant constitute violations ofthe Telephone Consumer Protection Act's prohibitions on the use of automatic telephone dialing systems and the regulations promulgated thereunder.  75. Defendant used an automatic telephone dialing system when it made and/or initiated calls to plaintiffs cellular telephone number.  76. Defendant's violations of the TCPA include, but are not limited to, the following: Making and/or initiating telephone calls using an  77. automatic telephone dialing system to any telephone number assigned to a cellular telephone service, in violation of 47 U.S.C. § 22?(b)(lXA)(ui) and 47 CFR §  78. As a result ofDefendant's actions, Plaintiff and the members ofthe class are entitled to an award of damages of$500.00 for each such violation.  79. Defendant's violations were committed willfully and knowingly.  81. Defendant used an artificial or prerecorded voice when it made and/or  82. initiated calls to plaintiffs cellular telephone number. Defendant's violations of the TCPA include, but are not limited to, the  83. following: Making and/or initiating telephone calls using an 84, artificial or prerecorded voiced message to any telephone number assigned to a cellular telephone service, in violation of 47 U.S.C. § 227(b)(l)(A)(iii) and 47 CFR § 64,120D(a)(l)(iii). As a result ofDefendant's actions, Plaintiff and the members of the class are  85. entitled to an award of damages of $500.00 for each such violation. Defendant's violations were committed willfully and knowingly.  88. Defendant willingly, knowingly, and intentionally violated the TCPA in making autodialed telephone calls and/or using an artificial or prerecorded voice message to Plaintiff's and class member's cellular telephone numbers without the parties' prior express consent  89. "Every intentional tort invokes a species ofbad faith that entitles a person wronged to recover the expenses of litigation including attorney fees." Tyler v. Lincoln, 272 Ga. 1 18, 527 S.E.2d 180 (Ga. 2000).  90. "There is no requirement that a viable state law claim exist in order for the jury to award litigation expenses pursuant to OCGA § 13-6-1 1 . Rather, 'OCGA § 13-6-1 1 constitutes a vehicle for the collection of attorney fees even when only a federal law claim for damages is submitted to the finder of fact." Fulton County v. Legacy Inv, Group, LLC, 296 Ga.App. 822, 827 (2009).  General Civil and Domestic Relations Case Filing Information Form 1 8-A-301 0 Superior or 0 State Court of Cobb County STATE OF GEORGIA DEVONTE MITCHELL, on behalf ofhimself and all others similarly situated, Plaintiff, Civil Action File No. v. STATE OF GEORGIA CIVIL ACTION NUMBER 18-A-30I0 U.S.C. § 227(b)(3)(B) FOR IMPROPER USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM  § 227(b)(3)(B) FOR IMPROPER USE OF AN ARTIFICIAL OR PRERECORDED VOICE MESSAGE The acts ofDefendant constitute violations of the Telephone Consumer Protection Act's prohibitions on the use of artificial or prerecorded voice calls and the regulations promulgated thereunder.  §227(b)(3)(A) TO REQUIRE DEFENDANT CEASE UNLAWFUL USE OF ARTIFICIAL OR PRERECORDED VOICE MESSAGES  §227(b)(3)(A) TO REQUIRE DEFENDANT CEASE UNLAWFUL USE OF AUTOMATIC TELEPHONE DIALING SYSTEMS 