22.  Plaintiff brings this action on behalf of himself and on behalf of all others  similarly situated (the “Class”).   23.  Plaintiff represents and is a member of the Class, which includes all persons  within the United States who received any unsolicited text message from  Defendant, which text message was not made for emergency purposes or  with the recipient’s prior express consent, within the four years prior to the  filing of this Complaint.   24.  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  members of the Class number in the several hundreds, if not thousands.   Thus, this matter should be certified as a Class action to assist in the  expeditious litigation of this matter.   25.  Plaintiff and members of the Class were harmed by the acts of Defendant in  at least the following ways: Defendant, either directly or through its agents,  illegally contacted Plaintiff and the members of the Class via their cellular  telephones thereby causing Plaintiff and the Class members to incur certain  cellular telephone charges or reduce cellular telephone time for which  Plaintiff and the Class members previously paid, by having to retrieve or  administer messages left by Defendant during those illegal calls, and  invading the privacy of said Plaintiff and the Class members. Plaintiff and  the class members were damaged thereby.   34.  Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   35.   The foregoing acts and omissions of Defendant constitute 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.   38.  Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   39.   The foregoing acts and omissions of Defendant constitute 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.   40.    As a result of Defendant’s knowing and/or willful violations of 47 U.S.C. §  227 et seq., Plaintiff and the Class are entitled to an award of $1,500.00 in  statutory damages, for each and every violation, pursuant to 47 U.S.C. §  227(b)(3)(B) and 47 U.S.C. § 227(b)(3)(C).   41.  Plaintiff and the Class are also entitled to and seek injunctive relief                prohibiting such conduct in the future.  7.  At all times relevant, Plaintiff was a citizen of the State of California.   Plaintiff is, and at all times mentioned herein was, a “person” as defined by  Cite the U.S. Civil Statute under which you are filing  (Do not cite jurisdictional statutes unless diversity): Brief description of cause: VII.  REQUESTED IN 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 knowing and/or willful violations of 47 U.S.C.  § 227(b)(1), Plaintiff seeks for himself and each member of the Class  $1,500.00 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. 