10.  Plaintiff’s husband Michael Jones signed a contact with Home Depot Home Services for  Home Depot Home Services to perform work on his home on or about September 27, 2011.  In  that application, Plaintiff’s husband Michael Jones provided his cell phone number.   17.  Plaintiff brings this action on behalf of herself and on behalf of and all others similarly   situated (“the Class”).   18.  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 their agents on their  paging service, cellular phone service, mobile radio service, radio common carrier service, or  other service for which they were charged for the call, through the use of any automatic  telephone dialing system as set forth in 47 U.S.C. Section 227(B)(1)(A)(3) or artificial or  prerecorded voice, which phone calls by Defendant or its agents were 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.  Plaintiff incorporates by reference all of the above paragraphs of this Complaint as though   fully stated herein.   30.  The foregoing acts and omissions of Defendant and its agents 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.   31.  As a result of Defendant’s, and Defendant’s agents’, negligent violations of 47 U.S.C. §   227 et seq, Plaintiff 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).   32.  Plaintiff and the Class are also entitled to and seek injunctive relief prohibiting such   conduct in the future.  33.  Plaintiff incorporates by reference the above paragraphs 1 through 32, inclusive, of this   Complaint as though fully stated herein.   34.  The foregoing acts and omissions of Defendant constitute numerous and multiple knowing   and /or willful 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.   35.  As a result of Defendant’s knowing and/or willful violations of 47 U.S.C. § 227 et seq.,   Plaintiff and the Class are entitled to 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).    37.  As a result of Defendant’s and Defendant’s agents’ negligent violations of 47 U.S.C. §   227(b)(1), Plaintiff seeks for herself  and each Class member $500.00 in statutory damages, for  each and every violation, pursuant to 47 U.S.C. § 227(b)(3)(B).   38.  Pursuant to 47 U.S.C. § 227(b)(3)(A), Plaintiff seeks injunctive relief prohibiting such   conduct in the future.   39.  Any other relief the Court may deem just and proper.  40.  As a result of Defendant’s 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).   7.  At all times relevant, Plaintiff was a citizen of the State of South Carolina.  Plaintiff is,  and at all times mentioned herein was, a “person” as defined by 47 U.S.C. § 153 (32).   8.  Defendant is, and at all times mentioned herein was, a corporation and a “person,” as   defined by 47 U.S.C. § 153 (32).   9.  At all times relevant Defendant conducted business in the State of California and in the   County of San Diego, within this judicial district.   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.   THE TCPA, 47 U.S.C. § 227 ET SEQ.  