(Violation of 47 U.S.C. § 227, et seq. – Telephone Consumer Protection Act)  (on behalf of Plaintiff and the Class)   10.  Given the relatively low cost associated with sending bulk text messages, many  marketers have turned to disseminating advertisements or promotions through mass text message  campaigns.   11.  Seeking to market its services to consumers throughout the United States and to  grow its customer base, Ultimate Medical engages in this especially invasive form of advertising.   12.  Ultimate Medical sent and continues to send unauthorized text messages to the  phones of thousands of consumers across the country.    13.  The nature of the text messages sent by Ultimate Medical indicates that it used an  automatic telephone dialing system (“ATDS”). Specifically, the hardware and software used by  Ultimate Medical has the capacity to store, produce, and dial random and sequential numbers,  and/or receive and store lists of telephone numbers, and to dial such numbers, en masse, in an  automated fashion without human intervention. Ultimate Medical's automated dialing equipment  includes features substantially similar to a predictive dialer, in that it is capable of making  numerous text message calls simultaneously (all without human intervention).   14.  The promotional text message calls alleged herein were exclusively made and  initiated by Ultimate Medical and not by any consumer. Ultimate Medical made, or had made on  its behalf, the same (or substantially the same) text message calls en masse to thousands of  cellular telephone numbers.   15.  While Ultimate Medical sent these unauthorized text messages to consumers to  market its services, it never obtained recipients' consent to do so.   17.  Moreover, Plaintiff and members of the Class suffered injuries in the form of  invasion of privacy and violations of their statutory rights, the monies paid to receive Ultimate  Medical’s unsolicited text messages, the diminished value and utility of their telephone  equipment and telephone subscription service (i.e. the value of such equipment and services is  higher when unencumbered by repeated and harassing text messages), the amount of time lost  answering and fielding unwanted telemarketing text messages, the wear and tear on their  telephone equipment, the loss of battery (which becomes diminished with each incoming phone  call), the loss of battery life (which has a finite number of charging cycles), and electricity costs  required to recharge their cellular phones.  18.  Ultimate Medical sent at least four text messages from its telephone number  95577 to Plaintiff’s telephone number similar to the following:    20.  Defendant's intrusive text messages adversely affected Plaintiffs right to privacy.   21.  Defendant was and is aware that the above-described text message calls were  being made on a widespread basis, and that the text message calls were being made to consumers  who had not consented to receive them.  22.  Class Definition: Plaintiff brings this action on behalf of himself and a class  defined as follows:  Class: All persons in the United States who received one or more  unauthorized text messages from Ultimate Medical.  Excluded from the Class are: (1) any Judge or Magistrate presiding over this action and  members of their families; (2) Defendant, Defendant's subsidiaries, parents, successors,  predecessors, and any entity in which the Defendant or its parents have a controlling interest and  its current or former employees, officers and directors; (3) persons who properly execute and file  a timely request for exclusion from the Class; (4) persons whose claims in this matter have been  finally adjudicated on the merits or otherwise released; (5) Plaintiff’s counsel and Defendant's  counsel; and (6) the legal representatives, successors, and assigns of any such excluded persons.   23.  Numerosity: The exact number of Class members is unknown and not available  to Plaintiff at this time, but it is clear that individual joinder is impracticable. On information and  belief, Defendant has sent promotional text messages to thousands of consumers who fall into  the definition of the Class. Class members can be identified through Defendant's records.   27.  Typicality: Plaintiffs claims are typical of the claims of other members of the  Class, in that Plaintiff and the Class members sustained damages arising out of Defendant's  uniform wrongful conduct and unsolicited text message calls.   29.  Appropriateness: This class action is also 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 class-wide injunctive relief  appropriate. Defendant's practices 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. Additionally, the damages suffered by  individual members of the Class will likely be small relative to the burden and expense of  individual prosecution of the complex litigation necessitated by Defendant's actions. Thus, it  would be virtually impossible for the members of the Class to obtain effective relief from  Defendant's misconduct on an individual basis. A class action provides the benefits of single  adjudication, economies of scale, and comprehensive supervision by a single court. Economies  of time, effort, and expense will be fostered and uniformity of decisions will be ensured.   30.  Plaintiff reserves the right to revise the foregoing "Class Allegations" and "Class  Definition" based on facts learned through additional investigation and in discovery.  31.  Plaintiff incorporates the foregoing allegations as if fully set forth herein.   32.  In an effort to promote its services, Ultimate Medical made unsolicited and  unwanted text message calls to Plaintiff and the Class's cellular telephones without their prior  express consent.   34.  Ultimate Medical utilized equipment that sent the promotional text messages to  Plaintiff and other members of the putative Class simultaneously and without human  intervention.   35.  By sending the promotional text messages to Plaintiffs and members of the  Class's cellular telephones without prior express consent, and by utilizing an ATDS, Ultimate  Medical violated 47 U.S.C. § 227(b)(I)(A)(iii).   36.  As a result of Ultimate Medical's unlawful conduct, Plaintiff and the members of  the putative Class suffered actual damages and have also had their rights to privacy adversely  impacted. Plaintiff and the Class are therefore entitled to, among other things, a minimum of  $500 in statutory damages for each such violation under 47 U.S.C. § 227(b)(3)(B).   37.  Because Ultimate Medical's misconduct was willful and knowing, the Court  should, pursuant to 47 U.S.C. § 227(b)(3), treble the amount of statutory damages recoverable by  the Plaintiff and the other members of the putative Class.    38.  Additionally, as a result of Ultimate Medical's unlawful conduct, Plaintiff and the  other members of the Class are entitled to an injunction under 47 U.S.C. § 227(b)(3)(A) to  ensure that Ultimate Medical's violations of the TCPA do not continue into the future. 