 -13-  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28   10.  Defendant contacted or attempted to contact Plaintiff from the  telephone number (858) 224-7373.   18.  Plaintiff brings this action individually and on behalf of all others  similarly situated, as a member the two proposed classes (hereafter, jointly, “The  Classes”).    51.  Pursuant to the Seventh Amendment to the Constitution of the United  States of America, Plaintiff is entitled to, and demands, a trial by jury.  Respectfully Submitted this 22nd Day of September, 2016.  8.  Beginning in or around May 27, 2016, Defendant contacted Plaintiff  on Plaintiff’s cellular telephone number ending in -1554, in an attempt to solicit  Plaintiff to purchase Defendant’s services.     9.  Defendant used an “automatic telephone dialing system”, as defined  by 47 U.S.C. § 227(a)(1) to place its call to Plaintiff seeking to solicit its services.    Knowing and/or Willful Violations of the Telephone Consumer Protection  Act   47 U.S.C. § 227(b)   As a result of Defendant’s willful and/or knowing violations of 47  U.S.C. § 227(b)(1), Plaintiff and the ATDS Class members are  entitled to and request treble damages, as provided by statute, up to  $1,500, for each and every violation, pursuant to 47 U.S.C.  §227(b)(3)(B) and 47 U.S.C. §227(b)(3)(C).    Any and all other relief that the Court deems just and proper.   Negligent Violations of the Telephone Consumer Protection Act  47 U.S.C. § 227(c)   As a result of Defendant’s negligent violations of 47 U.S.C.  §227(c)(5), Plaintiff and the DNC Class members are entitled to and  request $500 in statutory damages, for each and every violation,  pursuant to 47 U.S.C.  227(c)(5).    Any and all other relief that the Court deems just and proper. 