10.  Plaintiff was at all times mentioned herein the subscriber or customary user of the  cellular telephone number (304) ***-9852 (the “9852 Number”).  The 9852 Number is, and at all  times mentioned herein was, assigned to a cellular telephone service as specified in 47 U.S.C. §  227(b)(1)(A)(iii).   11.  During the preceding four years, Defendant transmitted, by itself or through an  intermediary or intermediaries, at least one text message to Plaintiff’s 9852 Number and at least  one text message (that was identical to or substantially the same as those received by Plaintiff) to  each member of the putative Class. All of the subject text messages sent to Plaintiff and the  members of the putative Class constituted “advertisements” or “telemarketing” messages within  the meaning of the TCPA and its implementing regulations because each such message was aimed  at promoting the commercial availability of Defendant’s products and services and ultimately  selling such products and services.  Defendant offered such products and services for sale to  Plaintiff and the members of the putative class for the purpose of deriving commercial profit from  the purchase of any such products or services ultimately made by Plaintiff.    12.  All of the subject text messages received by Plaintiff and the members of the  putative Class were transmitted by or on behalf of Defendant without the requisite prior “express  written consent” of Plaintiff or any member of the putative Class.   13.  For example, on or about May 22, 2018, Defendant transmitted or caused to be  transmitted, by itself or through an intermediary or intermediaries, and without Plaintiff’s prior  “express written consent,” a text message to the 9852 Number that stated as follows:   Hello! This is Ashlee from JG Wentworth. We can communicate  through text if you prefer, or you can call me 866-494-3690. I look  forward to hearing from you.  - 4 -  19.  Class Definition. Plaintiff brings this civil class action on behalf of himself  individually and on behalf of all other similarly situated persons as a class action pursuant to  Federal Rule of Civil Procedure 23.  The “Class” which Plaintiff seeks to represent is comprised  of and defined as follows:  All persons in the United States who, at any time between the four  years preceding the filing of this action and the present:  (1) subscribed to a cellular telephone service;  (2) received, at the telephone number assigned to such service, at  least one text message promoting the sale of goods or services  sent by or on behalf of Defendant using the same or substantially  the same dialing technology that Defendant used to transmit the  subject text messages to Plaintiff; and  (3) for whom Defendant lacks any record establishing the person’s  provision of “express written consent” to receive such  message(s) prior to the initiation of such message(s).    20.  Excluded from the class are Defendant, its officers and directors, members of the  immediate families of the foregoing, legal representatives, heirs, successors, or assigns of the  foregoing, and any entity in which Defendant has a controlling interest.   21.  Plaintiff reserves the right to modify the definition of the Class (or add one or more  subclasses) after further discovery.   22.  Plaintiff and all Class members have been impacted and harmed by the acts of  Defendant or its affiliates, agents, or subsidiaries acting on its behalf.   23.  This Class Action Complaint seeks injunctive relief and monetary damages.     24.  Defendant or any affiliates, subsidiaries, or agents of Defendant have acted on  grounds generally applicable to the Class, thereby making final injunctive relief and corresponding  - 6 - 