10. Plaintiff alleges that at all times relevant herein Defendant conducted  business in, and is incorporated in San Jose, California, within this judicial  district.   11. On February 3, 2016, Plaintiff received an e-mail from Defendant informing  Plaintiff that Defendant needed Plaintiff’s help resolving an alleged issue  with Plaintiff’s account that Defendant deemed “unusual activity.”   34. Plaintiff brings this action on behalf of himself and on behalf of all others  similarly situated (“the Class”).   35. Plaintiff represents, and is a member of the Class, consisting of all persons  within the United States who received any text message and/or prerecorded  message from Defendant or their 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 message, which text message was  not sent for emergency purposes within the four years prior to the filing of  this Complaint.   36. Defendant and its employees or agents are excluded from the Class.   Plaintiff does not know the number of members in the Class, but believes the  Class members number in the hundreds of thousands, if not more.  Thus, this  matter should be certified as a Class action to assist in the expeditious  litigation of this matter.   46. Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   47. The foregoing acts and omissions of Defendant constitutes 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.   48. As a result of Defendant’s negligent violations of 47 U.S.C. § 227 et seq,  Plaintiff and The Class 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).   49. Plaintiff and the Class are also entitled to and seek injunctive relief  prohibiting such conduct in the future.  50. Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   51. The foregoing acts and omissions of Defendant constitutes 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.   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.   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 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. 