11. At all times relevant, Plaintiff is, and at all times mentioned herein was, a  California corporation, and therefore, a “person” as defined by 47 U.S.C §  153 (39).   12. Defendant is, and at all times mentioned herein was,  a “person” as defined by  44. Plaintiff brings this action on behalf of itself and on behalf of all others  similarly situated (“the Class”).   45. Plaintiff represents, and is a member of, the Class, consisting of:   All persons within the United States who had or have a number  assigned to a cellular telephone service, who received at least one  telephone call using an ATDS from Defendant, or their agents calling on  behalf of Defendant, between the date of filing this action and the four  years preceding, where such calls were placed for the purpose of  marketing, to non-customers of Defendant, at the time of the calls.   46. Defendant and their 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 thousands, if not more.  Thus, this matter  should be certified as a Class action to assist in the expeditious litigation of  this matter.   47.  Plaintiff and members of the Class were harmed by the acts of Defendant  in  at least the following ways: Defendant illegally contacted Plaintiff and the  Class members via their cellular telephones thereby causing Plaintiff and the  Class members to incur certain cellular telephone charges or reduce cellular  telephone time for which Plaintiff and the Class members previously paid, by  having to retrieve or administer messages left by Defendant or its agents,  during those illegal calls, and invading the privacy of said Plaintiff and the  Class members.  Plaintiff and the Class members were damaged thereby.   49. The joinder of the Class members is impractical and the disposition of their  claims in the Class action will provide substantial benefits both to the parties  and to the Court.  The Class can be identified through Defendant’s records  and/or Defendant’s agent’s records.   50. There is a well-defined community of interest in the questions of law and fact  involved affecting the parties to be represented.  The questions of law and fact  to the Class predominate over questions which may affect individual Class  members, including the following:  i. Whether, within the four years prior to the filing of the  Complaint, Defendant made any call(s) (other than a call made  for emergency purposes or made with the prior express consent  of the called party) to the Class members using any ATDS to any  telephone number assigned to a cellular telephone service;  ii.Whether Defendant called non-customers of Defendant for  marketing purposes;  iii.Whether Plaintiff and the Class members were damaged thereby,  and the extent of damages for such violation(s); and  iv.Whether Defendant should be enjoined from engaging in such  conduct in the future.   52.  Plaintiff and the members of the Class have all suffered irreparable harm as a  result of the Defendant’s unlawful and wrongful conduct.  Absent a class  action, the Class will continue to face the potential for irreparable harm.  In  addition, these violations of law will be allowed to proceed without remedy  and Defendant will likely continue such illegal conduct.  The size of Class  member’s individual claims causes, few, if any, Class members to be able to  afford to seek legal redress for the wrongs complained of herein.   53. Plaintiff has retained counsel experienced in handling class action claims and  claims involving violations of the Telephone Consumer Protection Act.   54. A class action is a superior method for the fair and efficient adjudication of  this controversy.  Class-wide damages are essential to induce Defendant to  comply with federal and California law.  The interest of Class members in  individually controlling the prosecution of separate claims against Defendant  is small because the maximum statutory damages in an individual action for  violation of privacy are minimal.  Management of these claims is likely to  present significantly fewer difficulties than those that would be presented in  numerous individual claims.   55. Defendant has acted on grounds generally applicable to the Class, thereby  making appropriate final injunctive relief and corresponding declaratory relief  with respect to the Class as a whole.  57. The foregoing acts and omissions of Defendant constitutes 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.   58. As a result of Defendant’s 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).   59. Plaintiff and the Class are also entitled to and seek injunctive relief  prohibiting such conduct in the future.  60. Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   61. The foregoing acts and omissions of Defendant constitute 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.   62. As a result of Defendant’s knowing and/or willful violations of 47 U.S.C. §  227 et seq.,  Plaintiff and each of 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).   63. Plaintiff and the Class are also entitled to and seek injunctive relief  prohibiting such conduct in the future.  65. As a result of Defendant’s negligent violations of 47 U.S.C. § 227(b)(1),  Plaintiff seeks for itself and each Class member $500.00 in statutory damages,  for each and every violation, pursuant to 47 U.S.C. § 227(b)(3)(B).   66. Pursuant to 47 U.S.C. § 227(b)(3)(A), injunctive relief prohibiting such  conduct in the future.   67. Any other relief the Court may deem just and proper.  68. As a result of Defendant’s willful and/or knowing violations of 47 U.S.C. §  227(b)(1), Plaintiff seeks for itself 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).   69. Pursuant to 47 U.S.C. § 227(b)(3)(A), injunctive relief prohibiting such  conduct in the future.   70. Any other relief the Court may deem just and proper.  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.   VIOLATION  OF THE TCPA, 47 U.S.C. § 227 ET SEQ.  