(Knowing and/or Willful Violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b)(1)(A))  (Violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b) (1)(A))  22. Sekure offers various payment technologies for businesses.   23. One of Sekure’s strategies for marketing its payment services and  generating new customers is telemarketing.  24. Sekure’s telemarketing involves the use of an automatic telephone  dialing system (“ATDS”) to solicit business.  25. Sekure uses ATDS equipment that has the capacity to store or produce telephone numbers to be called, that includes autodialers and predictive dialers  and that plays a prerecorded message once the calls connect.  26. The dialing system used by Sekure is the Five9 predictive dialer, a  dialing system that is subject to the TCPA’s ATDS protections.  27. The Five9 predictive dialer works by loading a list of telephone  numbers electronically into the dialer, and with the push of a single button,  calls are made automatically and sequentially from that list.  28. Sekure has engaged in this conduct despite the fact that it was  previously sued for violating the TCPA’s ATDS provisions and entered into a  class action settlement.   29. Since that time, Sekure has also begun to employ the use of pre- recorded messages to generate new business.  50. Class Definition.  Pursuant to Fed. R. Civ. P. 23(b)(2) and (b)(3),  Plaintiffs brings this case on behalf of a class (the “Class”) defined as follows: All persons to whom:  (a) Sekure and/or a third party acting on  Sekure’s behalf made one or more non-emergency telephone calls; (b) promoting Sekure’s goods or services; (c) to their cellular  telephone numbers; (d) through the use of an automatic telephone  dialing system or an artificial or prerecorded voice; (e) at any time  in the period that begins February 2, 2018 through the date of trial. 59. Plaintiffs reallege and incorporate by reference each and every  allegation set forth in the preceding paragraphs.  60. The foregoing acts and omissions of Sekure and/or its affiliates or  agents, and/or other persons or entities acting on Sekure’s behalf, constitute  numerous and multiple violations of the TCPA, 47 U.S.C. § 227(b)(1)(A), by  making non-emergency calls to the cellular telephone numbers of Plaintiffs and members of the Class using an ATDS and/or artificial or prerecorded voice.  61. As a result of violations of the TCPA, 47 U.S.C. § 227(b)(1)(A), by  Sekure and/or its affiliates or agents and/or other persons or entities acting on  its behalf, Plaintiffs and members of the Class are entitled to an award of $500  in damages for each and every call made to their cellular telephone numbers  63. Plaintiffs reallege and incorporate by reference each and every  allegation set forth in the preceding paragraphs.  64. As a result of knowing and/or willful violations of the TCPA, 47  U.S.C. § 227(b)(1)(A), by Sekure, its affiliates or agents, and/or other persons  or entities acting on its behalf, Plaintiffs and members of the Class are entitled  to treble damages of up to $1,500 for each and every call made to their cellular  telephone numbers using an ATDS and/or artificial or prerecorded voice in  violation of the statute, pursuant to 47 U.S.C. § 227(b)(3). IX. SOLUTIONS G.P., d/b/a SEKURE  MERCHANT SOLUTIONS, Defendant. Case No. 8:18-cv-1981