(Knowing and/or Willful Violations of the Telephone Consumer Protection Act, 47 U.S.C.  § 227(b)(1)(A) – Class I)  (Negligent Violations of 47 C.F.R. § 64.1200(d) Do-Not-Call List – Class II)   (Negligent Violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b)(1)(A) –  Class I)   13. Defendant 29 Prime, Inc. touts itself as “the nation’s leading company dedicated  to providing online marketing services and search engine optimization (SEO) to small and  midsize businesses through the United States and Canada.” See  http://www.linkedin.com/company/29-prime (last visited January 21, 2014).  Case3:14-cv-00550-EDL   Document1   Filed02/05/14   Page3 of 14 35. Class Definition.  Pursuant to CR 23(b)(2) and (b)(3), Plaintiffs brings this case as  a class action on behalf of National Classes as defined as follows:  Class I:  All persons in the United States to whom:  (a) Defendant,  and/or a third party acting on Defendant’s behalf, made one or  more non-emergency telephone calls; (b) to their cellular telephone  number; (c) with a pre-recorded message; (d) without the  recipient’s prior express consent; and (e) at any time in the period  that begins four years before the date of filing this Complaint to  trial.  Class II:  All persons in the United States who:  (a) received more  than one telemarketing call, made by Defendant and/or on  Defendant’s behalf; (b) more than 30 days after requesting not to  receive further telemarketing calls; (c) in a 12-month period; (d) on  their cellular telephone line or residential telephone line; and (e) at  any time in the period that begins four years before the date of  filing this Complaint to trial.  Class III:  All persons in the United States who:  (a) received more  than one telemarketing call, made by Defendant and/or on  Defendant’s behalf; (b) in a 12-month period; (c) on their cellular  telephone line or residential telephone line; (d) whose cellular or  residential telephone line number(s) appear on the National Do- Not-Call registry; and (e) at any time in the period that begins four  years before the date of filing this Complaint to trial.  Excluded from Classes are Defendant, any entity in which Defendant has a controlling interest or  that has a controlling interest in Defendant, and Defendant’s legal representatives, assignees, and  successors.  Also excluded are the judge to who this case is assigned and any member of the  judge’s immediate family.   36. Numerosity.  The Classes are each so numerous that joinder of all members is  impracticable.  On information and belief, the Classes each have more than 1,000 members.   Moreover, the disposition of the claims of the Classes in a single action will provide substantial  benefits to all parties and the Court.  Case3:14-cv-00550-EDL   Document1   Filed02/05/14   Page6 of 14 43. Plaintiffs reallege and incorporate by reference each and every allegation set forth  in the preceding paragraphs.   44. The foregoing acts and omissions of Defendant and/or its affiliates, agents, and/or  other persons or entities acting on Defendant’s behalf constitute numerous and multiple negligent  violations of the TCPA, 47 U.S.C. § 227(b)(1)(A).   45. As a result of Defendant’s and/or its affiliates, agents, and/or other persons or  entities acting on Defendant’s behalf’s negligent violations of the TCPA, 47 U.S.C.  § 227(b)(1)(A), Plaintiffs and members of Class I presumptively are entitled to an award of $500  in damages for each and every call in violation of the statute, pursuant to 47 U.S.C.  § 227(b)(3)(B).   46. Plaintiffs and members of Class I are also entitled to and do seek injunctive relief  prohibiting Defendant and/or its affiliates, agents, and/or other persons or entities acting on  Defendant’s behalf from violating the TCPA, 47 U.S.C. § 227(b)(1)(A), in the future.  Case3:14-cv-00550-EDL   Document1   Filed02/05/14   Page9 of 14 47. Plaintiffs reallege and incorporate by reference each and every allegation set forth  in the preceding paragraphs.   48. The foregoing acts and omissions of Defendant and/or its affiliates, agents, and/or  other persons or entities acting on Defendant’s behalf constitute numerous and multiple knowing  and/or willful violations of the TCPA, 47 U.S.C. § 227(b)(1)(A).   49. As a result of Defendant’s and/or its affiliates, agents, and/or other persons or  entities acting on Defendant’s behalf’s knowing and/or willful violations of the TCPA, 47 U.S.C.  § 227(b)(1)(A), Plaintiffs and members of Class I are entitled to treble damages of up to $1,500  for each and every call in violation of the statute, pursuant to 47 U.S.C. § 227(b)(3).   50. Plaintiffs and members of the Class I are also entitled to and do seek injunctive  relief prohibiting Defendant and/or its affiliates, agents, and/or other persons or entities acting on  Defendant’s behalf from violating the TCPA, 47 U.S.C. § 227(b)(1)(A), in the future.  51. Plaintiffs reallege and incorporate by reference each and every allegation set forth  in the preceding paragraphs.   52. The foregoing acts and omissions of Defendant and/or its affiliates, agents, and/or  other persons or entities acting on Defendant’s behalf constitute numerous and multiple negligent  violations of 47 C.F.R. § 64.1200(d), including failure to properly record do-not-call requests,  failure to maintain a record of do-not-call requests, and failure to honor do-not-call requests.   53. As a result of Defendant’s and/or its affiliates, agents, and/or other persons or  entities acting on Defendant’s behalf’s negligent violations of 47 C.F.R. § 64.1200(d), Plaintiff  Marlowe and members of Class II are entitled to an award of $500 in statutory damages for each  and every call in violation of the regulation, pursuant to 47 U.S.C. § 227(c)(5)(B).  Case3:14-cv-00550-EDL   Document1   Filed02/05/14   Page10 of 14