53.  Plaintiff brings this case as a class action pursuant to Fed. R. Civ. P. 23,  on behalf of himself and all others similarly situated.   54.  Plaintiff brings this case on behalf of the Class defined as follows:  No Consent Class: All persons in the United States  who, within four years prior to the filing of this  action, (1) were sent a text message by or on behalf  of Defendant, (2) using an automatic telephone  dialing system, (3) for the purpose of soliciting  Defendant’s goods and services, (4) without prior  express consent of the recipient, or with the same  manner of purported consent Defendant claims to  have obtained from Plaintiff, if any.   55.  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 Class  members number in the several thousands, if not more.  58.  There are numerous questions of law and fact common to members of  the Class which predominate over any questions affecting only individual members of  the Class.  Among the questions of law and fact common to the members of the Class  are:  a) Whether Defendant made non-emergency calls to Plaintiff’s and Class  members’ cellular telephones using an ATDS;  b) Whether Defendant can meet its burden of showing that it obtained  prior express written consent to make such calls;  c) Whether Defendant’s conduct was knowing and willful;  d) Whether Defendant is liable for damages, and the amount of such  damages; and  e) Whether Defendant should be enjoined from such conduct in the  future.   59.  The common questions in this case are capable of having common  answers. If Plaintiff’s claim that Defendant routinely transmits text messages to  telephone numbers assigned to cellular telephone services is accurate, Plaintiff and the  Class members will have identical claims capable of being efficiently adjudicated and  administered in this case.  64.  Plaintiff re-alleges and incorporates the foregoing allegations as if fully set  forth herein.    65.  It is a violation of the TCPA to make “any call (other than a call made for  emergency purposes or made with the prior express consent of the called party) using  any automatic telephone dialing system … to any telephone number assigned to a …  cellular telephone service ….” 47 U.S.C. § 227(b)(1)(A)(iii).    71.  Plaintiff re-alleges and incorporates the allegations of paragraphs 1-63 as  if fully set forth herein.   PROPOSED CLASS   Violations of the TCPA, 47 U.S.C. § 227(b)  (On Behalf of Plaintiff and the Class)   Violations of 47 C.F.R. § 64.1200  (On Behalf of Plaintiff and the Class)  