24.  “ATDS Class” Definition. Plaintiff brings this civil class action on behalf of herself  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 within the United States to whom, between January 28,  2015 and the present, one or more text message(s) promoting  Defendant’s goods or services was delivered by Defendant or an  affiliate, subsidiary, or agent of Defendant, and who did not provide  Defendant prior express written consent to be sent such text  message(s).   25.  “DNC List Class” Definition.  Additionally, Plaintiff brings this civil class action  pursuant to Fed. R. Civ. P. 23 on behalf of herself individually and as a representative of the following  class of persons (the “DNC List Class”) entitled to statutory damages under the federal TCPA:   All persons in the United States who, between January 28, 2015 and  the present, received more than one text message, in any 12-month  period, promoting the sale of Defendant’s goods or services sent by  Defendant or an affiliate, subsidiary, or agent of Defendant more than  30 days after registering their telephone number on the National Do- Not-Call Registry.   26.  Defendant, its employees, and agents are excluded from the Classes.    40.  Plaintiff incorporates by reference the foregoing paragraphs of this Class Action  Complaint as if fully stated herein.   41.  The foregoing acts and omissions constitute violations of the TCPA by Defendant,  including but not limited to violations of 47 U.S.C. § 227(b)(1).   42.  As a result of Defendant’s violations of the TCPA, Plaintiff and all ATDS Class  members are entitled to, and do seek, injunctive relief prohibiting such conduct violating the TCPA  in the future pursuant to 47 U.S.C. § 227(b)(3).    43.  As a result of Defendant’s violations of the TCPA, Plaintiff and all ATDS Class  members are also entitled to, and do seek, an award of $500.00 in statutory damages for each violation  of the TCPA (or $1,500.00 for any such violations committed willfully or knowingly) pursuant to 47  U.S.C. § 227(b)(3).   44.  Plaintiff and ATDS Class members also seek an award of attorneys’ fees and costs.  45.  Plaintiff incorporates by reference the foregoing paragraphs of this Class Action  Complaint as if fully stated herein.   46.  Plaintiff and each member of the DNC List Class received, within any 12-month  period, more than one text message that promoted the sale of Defendant’s goods or services at a time  more than 30 days after Plaintiff and each DNC List Class member had registered their respective  phone numbers with the national Do-Not-Call Registry. Each such text message constituted a  telephone solicitation call within the meaning of the TCPA and its implementing regulations. Neither  Plaintiff not any other member of the DNC List Class provided Defendant prior express written  consent to receive such text messages.   Violation of the TCPA, 47 U.S.C. § 227(b)(3) & 47 U.S.C. § 227(b)(1)(A)  (On Behalf of Plaintiff and the ATDS Class Members Against Defendant)   Violation of the TCPA, 47 U.S.C. § 227(c)(5) & 47 C.F.R. § 64.1200(c)(2)  (On Behalf of Plaintiff and the DNC List Class Members Against Defendant)  