10.  Exit Realty does not attempt to obtain consent from prospective agents before sending  them texts marketing its brokerage services.  And that is precisely what happened to Plaintiff.   11.  On June 25 and July 17, 2018, Exit Realty sent unsolicited texts to Plaintiff’s cellular  phone number, from short code 797-979, without Plaintiff’s consent:   12.  Exit Realty’s unsolicited texts were a nuisance that aggravated Plaintiff, wasted his  time, invaded his privacy, diminished the value of the cellular services he paid for, caused him to  temporarily lose the use and enjoyment of his phone, and caused wear and tear to his phone’s data,  memory, software, hardware, and battery components.   14.  In sending the unsolicited text messages at issue, Exit Realty, or a third party acting on  its behalf, used an automatic telephone dialing system; hardware and/or software with the capacity  to store or produce cellular telephone number to be called, using a random or sequential number  generator.  This is evident from the circumstances surrounding the text messages, including the  ability to trigger an automated response by replying “YES,” the text messages’ commercial and  generic content, that substantively identical texts were sent to multiple recipients, that multiple  texts were sent to the same recipient, and that they were sent from a short code, which is consistent  with the use of an automatic telephone dialing system to send text messages.   15.  Accordingly, Plaintiff brings this action pursuant to Federal Rules of Civil Procedure  23(b)(2) and 23(b)(3) on behalf of himself and all others similarly situated and seeks certification  of the following Class:  All persons who, on or after four years prior to the filing of the complaint, (1) were  sent a text message to their cellular telephone number by or on behalf of Exit Realty,  (2) using an automatic telephone dialing system, (3) without their consent.   17.  Numerosity: The exact size of the Class is unknown and unavailable to Plaintiff at this  time, but it is clear that individual joinder is impracticable. On information and belief, Defendant  sent unsolicited text messages to thousands of individuals who fall into the Class definition. Class  membership can be easily determined from Defendant’s records.    18.  Typicality: Plaintiff’s claims are typical of the claims of the other members of the  Class. Plaintiff is a member of the Class, and if Defendant violated the TCPA with respect to  Plaintiff, then it violated the TCPA with respect to the other members of the Class. Plaintiff and  the Class sustained the same damages as a result of Defendant’s uniform wrongful conduct.    19.  Commonality and Predominance: There are many questions of law and fact common  to the claims of Plaintiff and the Class, and those questions predominate over any questions that  may affect individual members of the Class. Common questions for the Class include, but are not  necessarily limited to the following:   a)  How Defendant gathered, compiled, or obtained the cellular telephone  numbers of Plaintiff and the Class;  b)  Whether the text messages were sent using an automatic telephone dialing  system;  c)  Whether Defendant’s text messages were sent for the purpose of  marketing Defendant’s products and/or services;  d)  Whether Defendant sent some or all of the text messages without the  consent of Plaintiff and the Class; and   e)  Whether Defendant’s conduct was willful and knowing such that Plaintiff  and the Class are entitled to treble damages.   21.  Policies Generally Applicable to the Class: This class action is appropriate for  certification because Defendant has acted or refused to act on grounds generally applicable to the  Class as a whole, thereby requiring the Court’s imposition of uniform relief to ensure compatible  standards of conduct toward the members of the Class, and making final injunctive relief  appropriate with respect to the Class as a whole. Defendant’s practices challenged herein apply to  and affect the members of the Class uniformly, and Plaintiff’s challenge of those practices hinges  on Defendant’s conduct with respect to the Class as a whole, not on facts or law applicable only  to Plaintiff.    23.  Plaintiff repeats and realleges the allegations of paragraphs 1 through 22 of this  complaint and incorporates them by reference.   24.  Defendant and/or its agents agent transmitted text messages to cellular telephone  numbers belonging to Plaintiff and the other members of the Class using an automatic telephone  dialing system.   25.  These text messages were sent without the consent of Plaintiff and the other members  of the Class.   26.  Defendant has, therefore, violated 47 U.S.C. § 227(b)(1)(A)(iii), entitling Plaintiff and  the Class to a minimum of $500 in damages, and a maximum of $1,500 in damages, for each  violation.  9.  This case arises from Exit Realty’s use of unsolicited autodialed text messages to  market itself to prospective agents and to obtain a split of those prospective agents’ commissions.    Violation of 47 U.S.C. § 227  (On Behalf of Plaintiff and the Class)  