11. At all times relevant, Plaintiff was a citizen of the State of California.  Plaintiff is, and at all times mentioned herein was, “persons” as defined by 47  36. Plaintiff brings this action on behalf of himself and on behalf of all others  similarly situated (“the Class”).   38. IE 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 thousands, if not more.  Thus, this matter should be certified as  a Class action to assist in the expeditious litigation of this matter.   39. Plaintiff and members of the Class were harmed by the acts of Defendant in at  least the following ways: Defendant illegally contacted Plaintiff and the Class  members 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 or their agents,  during those illegal calls, and invading the privacy of said Plaintiff and the  Class members.  Plaintiff and the Class members were damaged thereby.   40. This suit seeks only damages and injunctive relief for recovery of economic  injury on behalf of the Class and it expressly is not intended to request any  recovery for personal injury and claims related thereto.  Plaintiff reserves the  right to expand the Class definition to seek recovery on behalf of additional  persons as warranted as facts are learned in further investigation and  discovery.   42. There is a well-defined community of interest in the questions of law and fact  involved affecting the parties to be represented.  The questions of law and fact  to the Class predominate over questions which may affect individual Class  members, including the following:  i. Whether, within the four years prior to the filing of the  Complaint, IE made any call(s) (other than a call made for  emergency purposes or made with the prior express consent of  the called party) to the Class members using any ATDS or an  artificial or prerecorded voice to any telephone   number  assigned to a cellular telephone service;  ii. Whether IE called non-customers of IE for marketing purposes;  iii.Whether Plaintiff and the Class members were damaged thereby,  and the extent of damages for such violation(s); and  iv. Whether IE should be enjoined from engaging in such conduct  in the future.   43. As a person that received numerous calls from Defendant in which Defendant  used an ATDS or an artificial or prerecorded voice, without Plaintiff’s prior  express consent, Plaintiff is asserting claims that are typical of the Class.  Plaintiff will fairly and adequately represent and protect the interests of the  Class in that Plaintiff has no interests antagonistic to any member of the  Class.   45. Plaintiff has retained counsel experienced in handling class action claims and  claims involving violations of the Telephone Consumer Protection Act.   46. A class action is a superior method for the fair and efficient adjudication of  this controversy.  Class-wide damages are essential to induce Defendant to  comply with federal and California law.  The interest of Class members in  individually controlling the prosecution of separate claims against Defendant  is small because the maximum statutory damages in an individual action for  violation of privacy are minimal.  Management of these claims is likely to  present significantly fewer difficulties than those that would be presented in  numerous individual claims.   47. Defendant has acted on grounds generally applicable to the Class, thereby  making appropriate final injunctive relief and corresponding declaratory relief  with respect to the Class as a whole.  48. Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   49. 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.   50. 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).   52. Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   53. 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.   54. As a result of Defendant’s knowing and/or willful violations of 47 U.S.C. §  227 et seq., Plaintiff and each of the Class are entitled to treble damages, as  provided by statute, up to $1,500.00, for each and every violation, pursuant to  47 U.S.C. § 227(b)(3)(B) and 47 U.S.C. § 227(b)(3)(C).   55. Plaintiff and the Class are also entitled to and seek injunctive relief  prohibiting such conduct in the future.  57. 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).   58. Pursuant to 47  U.S.C. § 227(b)(3)(A), injunctive relief prohibiting such  conduct in the future.   60. As a result of Defendant’s willful and/or knowing violations of 47 U.S.C. §  227(b)(1), Plaintiff seeks for himself and each Class member treble damages,  as provided by statute, up to $1,500.00 for each and every violation, pursuant  to 47 U.S.C. § 227(b)(3)(B) and 47 U.S.C. § 227(b)(3)(C).   61. Pursuant to 47  U.S.C.  §  227(b)(3)(A), injunctive relief prohibiting such  conduct in the future.   62. Any other relief the Court may deem just and proper.  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.   VIOLATION  OF THE TCPA, 47 U.S.C. § 227 ET SEQ.  