10. At all times relevant, Plaintiffs were citizens of the State of California.  Plaintiffs are, and  at all times mentioned herein were, “persons” as defined by 47 U.S.C. § 153 (10).   11. Defendant is, and at all times mentioned herein was, a corporation and a “person,” as  defined by 47 U.S.C. § 153 (10).   12. At all times relevant Defendant conducted business in the State of California and in the  County of San Diego, within this judicial district.   13. At no time did Plaintiffs ever enter in a business relationship with Defendant.  Defendant  at all times was messaging Plaintiffs to solicit future business from Plaintiffs.   14. At no time did Plaintiffs expressly consent to receive such messages from Defendant.   15. Between January 2013 and February 2013, Plaintiff Melingonis initiated multiple  telephonic communications to various acquaintances of Plaintiff Melingonis; however,  Plaintiff Melingonis was only able to leave a voicemail on each occasion.  On  information and belief, this acquaintance, not Plaintiff Melingonis, had subscribed to  Defendant’s service of converting voicemails to text format.     16. Thereafter, Plaintiff Melingonis received the following text messages from  txt@youmail.com or 52894, numbers attributed to Defendant.  These text messages  stated:  YouMail TXT Alerts: RE: Voicemail for Kevin (619-822-****) – Help me  identify your calls – View http://ymvm.it/W8TTA2RP [REDACTED]  YouMail TXT Alerts: RE: Voicemail for Jason ******* (619-665-****) – Get  back to you shortly.  Thanks for Calling ! – View: http://ymvm.it/h8ZQIGDe  27. Plaintiffs bring this action on behalf of themselves and on behalf of and all others  similarly situated (“the Class).   28. Plaintiffs represent, and are members of, the Class, consisting of all persons within the  United States who received any unsolicited text messages from Defendant which text  message was not made for emergency purposes or with the recipient’s prior express  consent within the four years prior to the filing of this Complaint.   29. Defendant and its employees or agents are excluded from the Class.  Plaintiffs do not  know the number of members in the Class, but believe the Class members number in the  hundreds of thousands, if not more.  Thus, this matter should be certified as a Class  action to assist in the expeditious litigation of this matter.   30. Plaintiffs and members of the Class were harmed by the acts of Defendant in at least the  following ways: Defendant, either directly or through its agents, illegally contacted  Plaintiffs and the Class members via their cellular telephones by using marketing and text  messages, thereby causing Plaintiffs and the Class members to incur certain cellular  telephone charges or reduce cellular telephone time for which Plaintiffs and the Class  members previously paid, and invading the privacy of said Plaintiffs and the Class  members.  Plaintiffs and the Class members were damaged thereby.   31. This suit seeks only damages and injunctive relief for recovery of economic injury on  behalf of the Class, and it expressly is not intended to request any recovery for personal  injury and claims related thereto.  Plaintiffs reserve the right to expand the Class  definition to seek recovery on behalf of additional persons as warranted as facts are  learned in further investigation and discovery.   39. Plaintiffs incorporate by reference all of the above paragraphs of this Complaint as  though fully stated herein.   40. 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.   41. As a result of Defendant’s negligent violations of 47 U.S.C. § 227 et seq, Plaintiffs 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).   42. Plaintiffs and the Class are also entitled to and seek injunctive relief prohibiting such  conduct in the future.  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), Plaintiffs  seek for themselves 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. 