11. At all times relevant, Plaintiff was a citizen of the State of California.  Plaintiff is, and at  all times mentioned herein was, a “person” as defined by 47 U.S.C. § 153 (10).   12. Defendant is, and at all times mentioned herein was, a corporation and a “person,” as  defined by 47 U.S.C. § 153 (10).   13. At all times relevant Defendant conducted business in the State of California and in the  County of San Diego, within this judicial district.   14. Sometime prior to September 12, 2012, Plaintiff opened a credit card account ending in  “6968” with Defendant.   15. Sometime prior to September 12, 2012, Plaintiff allegedly incurred a consumer debt to  Defendant on this account.   16. Sometime prior to September 12, 2012, Defendant attempted to contact Plaintiff  regarding this alleged debt.   17. On or about September 12, 2012, Plaintiff mailed a brief letter to Defendant demanding  that Defendant cease and desist in communication with Plaintiff in any manner, including  on her cellular telephone, regarding collections on this account. Additionally, this letter  including the Plaintiff’s name, account number, and even the last four digits of her Social  Security Number.    18. This letter was addressed to Defendant in Salt Lake City, UT, and mailed on that date by  Certified Mail, with Delivery Confirmation Number ending in “4815.”     19. According to website for the United States Postal Service, this letter arrived at its  destination in Salt Lake City, UT at 3:55 a.m. on September 15, 2012.     20. Upon receipt of this cease and desist letter, Plaintiff effectively revoked, in writing, any  and all consent that Defendant may have had to contact Plaintiff on her cellular telephone  for purposes of collecting on the account prior to that point.   29. Plaintiff brings this action on behalf of herself and on behalf of all others similarly  situated (“the Class”).   30. Plaintiff represents, and is a member of the Class, consisting of all persons within the  United States who received any artificial or prerecorded voice message/s from Defendant  without prior express consent, which message by Defendant or its agents was not made  for emergency purposes, within the four years prior to the filing of this Complaint.   31. 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  tens of thousands, if not more.  Thus, this matter should be certified as a Class action to  assist in the expeditious litigation of this matter.   32. Plaintiff and members of the Class were harmed by the acts of Defendant in at least the  following ways: Defendant, either directly or through its agents, illegally contacted  Plaintiff and the Class members via their cellular telephones by using marketing and  artificial or prerecorded voice messages, 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, and invading the privacy of said  Plaintiff and the Class members.  Plaintiff and the Class members were damaged thereby.   33. This suit seeks only damages and injunctive relief for recovery of economic injury on  behalf of the Class, and it expressly is not intended to request any recovery for personal  injury and claims related thereto.  Plaintiff reserves the right to expand the Class  definition to seek recovery on behalf of additional persons as warranted as facts are  learned in further investigation and discovery.   41. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as  though fully stated herein.   42. The foregoing 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.   43. 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).   44. Plaintiff and the Class are also entitled to and seek injunctive relief prohibiting such  conduct in the future.  Cite the U.S. Civil Statute under which you are filing  (Do not cite jurisdictional statutes unless diversity): Brief description of cause: VII.  REQUESTED IN 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.  • As a result of Defendant’s negligent violations of 47 U.S.C. § 227(b)(1), Plaintiff  seeks for himself and each Class member $500.00 in statutory damages, for each and  every violation, pursuant to 47 U.S.C. § 227(b)(3)(B).  • Pursuant to 47 U.S.C. § 227(b)(3)(A), injunctive relief prohibiting such conduct in the  future.  • Any other relief the Court may deem just and proper. 