21.  The TCPA was intended to give individuals control over how and  where they receive phone calls to their cellular devises.  When Defendant blasts  individuals with robocalls without their consent, they fail to address or respect the  limitations imposed by the TCPA.  In doing so, it takes control away from the  consumers and violates both the spirit and the letter of the TCPA.     22.  On or around February 2020, Plaintiff began receiving unsolicited  robocalls from Defendant from various phone numbers to her wireless phone ending  in the number 4014, for which Plaintiff provided no consent to call.     23.  The constant and continuing, unsolicited robocalls pertain to an Uber  Eats account which does not belong to Plaintiff.   24.  In fact, Plaintiff has never used an Uber vehicle or the Uber Eats  service.  Plaintiff is also not a restaurant owner and does not have an Uber Eats  account.   40.  Plaintiff brings this action pursuant to Federal Rule of Civil Procedure  23(b)(2) and 23(b)(3) on behalf of herself and on behalf of and all others similarly  situated (“the Class”).   Plaintiff represents, and is a member of the Class, consisting of all persons  within the United States who received any unsolicited phone calls from  Defendant or its agents on their cellular telephones through the use of any  automatic telephone dialing system as set forth in 47 U.S.C. § 227(b)(1)(A)(3)  or featuring prerecorded voice messages, which phone calls by Defendant or  its agents were not made for emergency purposes or with the recipients’ prior  express consent, within four years prior to the filing of this Complaint through  the date of final approval.   41.  Defendant and its employees or agents are excluded from the Class.   Plaintiff does not know the number of members in the Class, but believes 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.   42.  Plaintiff 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 Plaintiff and members of the Class via their cellular  telephones by using unsolicited robocalls, thereby causing Plaintiff and members of  the Class to incur certain cellular telephone charges or reduce cellular telephone time  for which Plaintiff and members of the Class previously paid, and invading the  privacy of said Plaintiff and the members of the Class. Plaintiff and the members of  the Class were damaged thereby.   47 U.S.C. §§ 227 ET SEQ.   47 U.S.C. §§ 227 ET SEQ.   50.  Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.    51.  Defendant made unauthorized phone calls using an automatic telephone  dialing system and/or prerecorded voice to the cellular telephone number of Plaintiff  and the other members of the Class without their prior express written consent.   52.  These phone calls were made en masse using equipment that, upon  information and belief, had the capacity to store or produce telephone numbers to be  called, using a random or sequential number generator, and to dial such numbers.   By using such equipment, Defendant was able to make these robocalls  simultaneously to thousands of consumers’ cellphones without human intervention.     53.  The foregoing acts and omissions of Defendant and its agents constitute  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.   54.  As a result of Defendant’s, and Defendant’s agents’, negligent  violations of 47 U.S.C. § 227 et seq., Plaintiff is 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).   55.  Plaintiff is also entitled to and seek injunctive relief prohibiting such  conduct in the future.  64.  As a result of Defendant’s, and Defendant’s agents’, willful and/or  knowing violations of 47 U.S.C. § 227(b)(1), Plaintiff seeks for herself and each  Class member treble damages, as provided by statute, up to $1,500.00 for each and  every violation, pursuant to 47 U.S.C. § 227(b)(3)(B) and 47 U.S.C. § 227(b)(3)(C).   65.  Pursuant to 47 U.S.C. § 227(b)(3)(A), injunctive relief prohibiting such  conduct in the future.  * * *   66.  Any other relief the Court may deem reasonable, just and proper.  NEGLIGENT VIOLATIONS OF THE TCPA  47 U.S.C. §§ 227 ET SEQ.  