19.  Plaintiff is, and at all times mentioned herein was, the subscriber of the  cellular telephone number ending 9701 (the “9701 Number”).  The 9701 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).   20.  At no time did Plaintiff ever enter into a business relationship with  Defendant, nor did Plaintiff ever provide that cellular telephone number to  Defendant through any medium.    21.  On or about September 25, 2020, at approximately 7:58 a.m., Defendant  placed an automated call to Plaintiff on his cellular phone ending in “9701” from the  number (520) 353-3072.    22.  Upon information and belief, Defendant used a pre-recorded voice to  leave a voicemail on Plaintiff’s cell phone. The voicemail was from Scott Herkert of  J.D. Mellberg, and advertised Defendant’s services of providing leads to financial  advisors using Defendant’s mobile sales technology platform.    23.  Plaintiff was confused as to why he had received a solicitation call and  voicemail from Defendant because Plaintiff had no prior business relationship or  contact with Defendant. Further, Plaintiff never provided Defendant with his cellular  telephone number. Frustrated and confused by this unwanted automated call and  voicemail, Plaintiff did not return Defendant’s call.    24.  On or about October 5, 2020, at approximately 9:00 a.m., Defendant  placed a second automated call to Plaintiff on his cellular phone ending in “9701,”  but this time that call was from a blocked number. Plaintiff did not answer the call,  but received a voicemail identical to the September 25, 2020 voicemail, which used  41.  Plaintiff brings this action on behalf of Plaintiff and all others similarly  situated (the “Class”).   42.  Plaintiff represents, and is a member of, the Class, pursuant to Fed. R.  Civ. P. 23(b)(3) and/or (b)(2), which is defined as follows:  All persons within the United States who received an  automated call to their cellular telephone from Defendant,  its employees or its agents, within the four years prior to the  filing of the Complaint.    43.  Plaintiff represents, and is a member of, the Sub-Class, pursuant to Fed.  R. Civ. P. 23(b)(3) and/or (b)(2), which is defined as follows:  All persons within the United States who received an  automated call to their cellular telephone from Defendant,  its employees or its agents, with an artificial or prerecorded  voice message, within the four years prior to the filing of  the Complaint.    44.  The Class and Sub-Class are together referred to as the “Classes.”   45.  Excluded from the Classes are: (1) Defendant, any entity or division in  which Defendant has a controlling interest, and their legal representatives, officers,  directors, assigns, and successors; (2) the Judge to whom this case is assigned and  the Judge’s staff; and (3) those persons who have suffered personal injuries as a  result of the facts alleged herein.   46.  Plaintiff reserves the right to redefine the Classes, and to add and  redefine any additional subclass as appropriate based on discovery and specific  theories of liability.    47.  The Classes that Plaintiff seeks to represent contains numerous  62.  Plaintiff repeats and incorporates by reference the allegations set forth  above as though fully stated herein.   63.  The forgoing acts and omissions of Defendant 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. Defendant’s  repeated automated calls and prerecorded voice messages to Plaintiff’s cellular  phone, without any prior express written consent.   64.  As a result of Defendant’s negligent violations of 47 U.S.C. § 227,  Plaintiff and all members of the Classes are entitled to, and do seek, injunctive relief  prohibiting such conduct violating the TCPA in the future.    65.  As a result of Defendant’s negligent violations of 47 U.S.C. § 227,  Plaintiff and all members of the Classes are also entitled to, and do seek, an award of  $500.00 statutory damages, for each and every violation, pursuant to 47 U.S.C. §  227(b)(3)(B).  66.  Plaintiff repeats and incorporates by reference the allegations set forth  above as though fully stated herein.   67.  The foregoing acts and omissions of Defendant constitute numerous and  KNOWING AND/OR WILLFUL VIOLATIONS OF THE TCPA  47 U.S.C. § 227 ET SEQ.   NEGLIGENT VIOLATIONS OF THE TCPA  47 U.S.C. § 227 ET SEQ.  