10.  Defendant contacted or attempted to contact Plaintiff from a telephone  number confirmed to belong to Defendant, 347-290-1237.   11.  Defendant’s call constituted a call that was not for emergency  purposes as defined by 47 U.S.C. § 227(b)(1)(A).   12.  Defendant’s call was placed to a telephone number assigned to a  cellular telephone service for which Plaintiff incurs a charge for incoming calls  pursuant to 47 U.S.C. § 227(b)(1).    13.  During all relevant times, Defendant did not possess Plaintiff’s “prior  express consent” to receive calls using an automatic telephone dialing system or an  artificial or prerecorded voice on his cellular telephone pursuant to 47 U.S.C. §  227(b)(1)(A).   16.  Plaintiff brings this action individually and on behalf of all others  similarly situated, as a member of the proposed class (hereinafter, “The Class”),  defined as follows:  All persons within the United States who received any  solicitation/telemarketing  telephone  calls  from  Defendant to said person’s cellular telephone made  through the use of any automatic telephone dialing  system or an artificial or prerecorded voice and such  person had not previously consented to receiving such  calls within the four years prior to the filing of this  Complaint   17.  Plaintiff represents, and is a member of, The Class, consisting of all  persons within the United States who received any solicitation/telemarketing  telephone calls from Defendant to said person’s cellular telephone made through  the use of any automatic telephone dialing system or an artificial or prerecorded  voice and such person had not previously not provided their cellular telephone  number to Defendant within the four years prior to the filing of this Complaint.   18.  Defendant, its employees and agents are excluded from The Class.   Plaintiff does not know the number of members in The Class, but believes the  Class’s 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 the matter.   8.  Beginning in or around March 20, 2020, Defendant contacted Plaintiff  on Plaintiff’s cellular telephone number ending in -5654, 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 violation of 47  U.S.C. §227(b)(1), Plaintiff and The 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(b)  • As a result of Defendant’s negligent violation of 47 U.S.C.  §227(b)(1), Plaintiff and The Class members are entitled to and  request $500 in statutory damages, for each and every violation,  pursuant to 47 U.S.C.  227(b)(3)(B).   • Any and all other relief that the Court deems just and proper. 