10.  Plaintiff represents, and is a member of, the Class, consisting of all persons within the  United States who received any telephone call from Defendant or its agent/s and/or  employee/s to said person’s cellular telephone made through the use of any automatic  telephone dialing system or with an artificial or prerecorded voice, which call was not  made for emergency purposes or with the recipient’s prior express consent, within the four  years prior to the filing of this Complaint.   21.  Plaintiff incorporates by reference all of the above paragraphs of this Complaint as though  fully stated herein.   22.  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.   23.  As a result of Defendant’s negligent violations of 47 U.S.C. § 227 et seq, Plaintiff and The  Classes 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).   24.  Plaintiff and the The Classes are also entitled to and seek injunctive relief prohibiting such  conduct in the future.  25.  Plaintiff incorporates by reference all of the above paragraphs of this Complaint as though  fully stated herein.   26.  The foregoing acts and omissions of Defendant constitute numerous and 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.   27.  As a result of Defendant’s knowing and/or willful violations of 47 U.S.C. § 227 et seq.,  Plaintiff and each of the The Classes 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).    3.  On or about April 13, 2012, at approximately 12:03 p.m. Plaintiff received a telephone call  on his cellular telephone from Defendant where Defendant used “an artificial or  prerecorded voice” as prohibited by 47 U.S.C. § 227 (b)(1)(A).   4.  The telephone number Defendant called was assigned to a cellular telephone service for  which Plaintiff incurs a charge for incoming calls pursuant to 47 U.S.C. § 227 (b)(1).   5.  This telephone call constituted a call that was not for emergency purposes as defined by 47  U.S.C. § 227 (b)(1)(A)(i).   6.  Plaintiff did not provide express consent to Defendant to receive calls on Plaintiff’s  cellular telephone, pursuant to 47 U.S.C. § 227 (b)(1)(A).   7.  Plaintiff did not provide “prior express consent” to Defendant to place telephone calls to  Plaintiff’s cellular phone with an artificial or prerecorded voice as proscribed under 47  U.S.C. § 227(b)(1)(A).   8.  This telephone call by Defendant was in violation of 47 U.S.C. § 227(b)(1).  9.  Plaintiff brings this action on behalf of himself and on behalf of and all others similarly  situated (“the Class”).   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.   OF THE TCPA, 47 U.S.C. § 227 ET SEQ.  •  As a result of Defendant’s willful and/or knowing violations of 47 U.S.C. §  227(b)(1), Plaintiff seeks for himself and each Class and Subclass 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).  •  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.  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 and Subclass 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. 