24.  Beginning in April of 2020, Defendant sent automated marketing calls and  automated marketing text messages to be transmitted to Plaintiff’s cellular telephone  number ending in 5194 (“5194 Number”).    41.  Plaintiff brings this case as a class action pursuant to Fed. R. Civ. P. 23, on  behalf of themselves and all others similarly situated.   42.  Plaintiff brings this case on behalf of the Class defined as follows:  NO CONSENT CLASS: All persons within the United States who, within  the four years prior to the filing of this Complaint, were sent a text message  using the same type of equipment used to text message Plaintiff, from  Defendant or anyone on Defendant’s behalf, to said person’s cellular  telephone number for the purpose of promoting and/or advertising  Defendant’s goods and/or services.  DO NOT CALL CLASS: All persons in the United States who from four  years prior to the filing of this action: (1) were sent a text message or phone  call by or on behalf of Defendant; (2) more than one time within any 12- month period; (3) where the person’s telephone number had been listed on  the National Do Not Call Registry for at least thirty days; (4) for the purpose  of advertising and/or promoting Defendant’s products and services.   43.  Plaintiff reserves the right to modify the Class definitions as warranted as  facts are learned in further investigation and discovery.    44.  Defendant and its employees or agents are excluded from the Class. Plaintiff  does not know the number of members in the Class but believes the Class members number  in the several thousands, if not more.  47.  There are numerous questions of law and fact common to members of the  Class which predominate over any questions affecting only individual members of the  Class.  Among the questions of law and fact common to the members of the Class are:  a) Whether Defendant made non-emergency calls to Plaintiff’s and Class  members’ cellular telephones using an ATDS;  b) Whether Defendant can meet its burden of showing that it obtained prior  express written consent to make such calls;  c) Whether Defendant’s conduct was knowing and willful;  d) Whether Defendant initiated telemarketing calls to telephone numbers  listed on the National Do Not Call Registry;  e) Whether Defendant is liable for damages, and the amount of such  damages; and  f) Whether Defendant should be enjoined from such conduct in the future.   48.  The common questions in this case are capable of having common answers.  If Plaintiff’s claim that Defendant routinely transmits calls to telephone numbers assigned  to cellular telephone services is accurate, Plaintiff and the Class members will have  identical claims capable of being efficiently adjudicated and administered in this case.  53.  Plaintiff re-alleges and incorporates the foregoing allegations as if fully set  forth herein.    70.  Plaintiff re-alleges and incorporates the allegations of paragraphs 1-52 as if  fully set forth herein.   71.  The TCPA’s implementing regulation, 47 C.F.R. § 64.1200(c), provides that  “[n]o person or entity shall initiate any telephone solicitation” to “[a] residential telephone  subscriber who has registered his or her telephone number on the national do-not-call  registry of persons who do not wish to receive telephone solicitations that is maintained by  the federal government.”   72.  47 C.F.R. § 64.1200(e), provides that § 64.1200(c) and (d) “are applicable to  any person or entity making telephone solicitations or telemarketing calls to wireless  telephone numbers.”   73.  47 C.F.R. § 64.1200(d) further provides that “[n]o person or entity shall  initiate any call for telemarketing purposes to a residential telephone subscriber unless such  person or entity has instituted procedures for maintaining a list of persons who request not  to receive telemarketing calls made by or on behalf of that person or entity.”    PROPOSED CLASS   Violations of 47 U.S.C. § 227  (On Behalf of Plaintiff and the Do Not Call Registry Class)   Violations of the TCPA, 47 U.S.C. § 227(b)  (On Behalf of Plaintiff and No Consent Class)  