10.  In 1991, Congress enacted the Telephone Consumer Protection Act, 47 U.S.C. §  227 (TCPA), in response to a growing number of consumer complaints regarding certain  telemarketing practices.   11.  The TCPA regulates, among other things, the use of automated telephone dialing  systems, or “autodialers.”  The plain language of sections 227(a)(1) defines an autodialer as  equipment which has the capacity - (A) to store or produce telephone numbers to be called, using  a random or sequential number generator; and (B) to dial such numbers.  Further, the plain  language of section 227(b)(1)(A)(iii) prohibits the use of autodialers to make any call to a  wireless phone number in the absence of an emergency or the prior express consent of the called  party.   12.  According to findings by the Federal Communication Commission (“FCC”), the  agency Congress vested with authority to issue regulations implementing the TCPA, such calls  are prohibited because, as Congress found, these calls can be costly and inconvenient.  The FCC  also recognized that wireless customers are charged for incoming calls whether they pay in  advance or after the minutes are used.    34.  Plaintiff re-alleges and incorporates by reference the allegations set forth in each  of the preceding paragraphs of this Complaint.   35.  Defendants placed, or caused to be placed, calls to Plaintiff and the Class with an  automatic telephone dialing system, within the meaning of 47 U.S.C. § 227(a).  The equipment  used by Defendants had the capacity to store or produce telephone numbers to be called, using a  random or sequential number generator, and to dial such numbers.  By using such equipment,  Defendants, or their agent, were capable of making thousands of calls to the subscribers of  cellular phone numbers automatically without human intervention.   36.  These calls were made en masse without the prior express consent of Plaintiff and  the other members of the Class.   49.  Plaintiff re-alleges and incorporates by reference the allegations set forth in each  of the preceding paragraphs of this Complaint.   50.  By sending Plaintiff and the class members unsolicited phone calls, Defendants  deprived Plaintiffs and Class members of the use of, and converted to their own use, the cellular  telephones belonging to Plaintiff and the Class members.   51.  Immediately prior to the placing of the unsolicited calls, Plaintiff and the Class  members owned and had an unqualified and immediate right to the possession of the cellular  telephone.   52.  By sending the unsolicited calls, Defendants appropriated to their own use, and  deprived Plaintiff and the Class members of the use of, the cellular telephones used to receive the  calls, such that they could not be used for the receipt of any other data or calls.  Such  appropriation was wrongful and without authorization.   56.  Plaintiff re-alleges and incorporates by reference the allegations set forth in each  of the preceding paragraphs of this Complaint.   57.  Among other duties, Defendants owed a duty not to damage Plaintiff and  members of the Class.  However, Defendants and/or their agents, by error and neglect, permitted,  suffered, required, ratified, directed, and/or otherwise proximately caused the acts and omissions  that have damaged Plaintiff and members of the Class as referenced herein.   58.  If any of the Defendants and/or their agents had not been negligent in their acts or  omissions, or their supervision, management, direction, instruction, training, guidance,  assistance, and/or control of each other, their agents, or themselves, then the marketing practices  and/or phone calls referenced herein would have comported with all applicable laws, and none of  the inherently injurious calls referenced herein would have been transmitted to the telephonic  devices of Plaintiff and members of the Class.   59.  In this regard, by transmitting the unsolicited calls to Plaintiff and members of the  Class, the Defendants violated their duty or duties to Plaintiff and members of the Class.    60.  For such reasons and/or otherwise as a consequence of Defendants’ negligence  proximately causing injuries to Plaintiff and members of the Class and/or their property, Plaintiff  and members of the Class are entitled to recover from Defendants the actual or compensatory  damages referenced herein and in accord with proof.   62.  Plaintiff re-alleges and incorporates by reference the allegations set forth in each  of the preceding paragraphs of this Complaint.   63.  Defendants, by their acts and omissions described herein, have invaded Plaintiff  and the Class members’ privacy and/or committed an unauthorized intrusion or prying into  plaintiff and the Class members’ seclusion.   64.  The invasions of privacy and/or intrusion committed by the Defendants have been  highly offensive and/or objectionable to Plaintiff and the Class members.   65.  The invasion of privacy and/or intrusion committed by the Defendants would be  highly offensive and/or objectionable to any reasonable person.   66.  Defendants invaded and/or intruded on the privacy and/or private matters of  Plaintiff and the Class members.   67.  The invasions of privacy and/or intrusion committed by Defendants have caused  Plaintiff and the Class members anguish and suffering, as well as additional damages as  described herein.  68.  Plaintiff re-alleges and incorporates by reference the allegations set forth in each  of the preceding paragraphs of this Complaint.   69.  Defendants, by their acts and omissions described herein, have invaded the  Plaintiff and the Class members’ interest in the use and enjoyment of their property.   73.  Plaintiff re-alleges and incorporates by reference the allegations set forth in each  of the preceding paragraphs of this Complaint.   74.  Plaintiff, the class members, and the rest of the public, have a right to be free from  the inconvenience and annoyance of unsolicited calls placed to their cellular telephones.   75.  Defendants, by their acts and omissions as described herein, have substantially  and unreasonably interfered with these rights.   76.  Defendants, by their acts and omissions as described herein, have proximately  caused Plaintiff and the Class members, in particular, actual damages as described herein.  77.  Plaintiff re-alleges and incorporates by reference the allegations set forth in each  of the preceding paragraphs of this Complaint.   78.  Plaintiff and each member of the Class is a person entitled to the protection of the  consumer protection and/or unfair trade laws of the state in which they reside and received an  unsolicited phone call from Defendants.   COMPLAINT  FOR DAMAGES,  STATUTORY PENALTIES, AND  INJUNCTIVE RELIEF  Telephone Consumer Protection Act  CONVERSION   General Overview of the TCPA   INVASION OF PRIVACY   LIABILITY PURSUANT TO THE TCPA   NEGLIGENCE   PRIVATE NUISANCE   PUBLIC NUISANCE   VIOLATION OF VARIOUS STATES UNFAIR TRADE PRACTICES LAWS  