51.  Plaintiff brings this case as a class action pursuant to Fed. R. Civ. P. 23, on  behalf of himself and all others similarly situated.   62.  Plaintiff re-alleges and incorporates the foregoing allegations as if fully set forth  herein.    63.  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).    64.  Defendant – or third parties directed by Defendant – used equipment having the  capacity to dial numbers without human intervention to make non-emergency telephone calls to  the cellular telephones of Plaintiff and the other members of the Class defined below.    65.  These calls were made without regard to whether or not Defendant had first  obtained express permission from the called party to make such calls. In fact, Defendant did not  have prior express consent to call the cell phones of Plaintiff and the other members of the  putative Class when its calls were made.    66.  Defendant has, therefore, violated § 227(b)(1)(A)(iii) of the TCPA by using an  automatic telephone dialing system to make non-emergency telephone calls to the cell phones  of Plaintiff and the other members of the putative Class without their prior express written  consent.   69.  Plaintiff re-allege and incorporate paragraphs 1-61 as if fully set forth herein.   70.  At all times relevant, Defendant knew or should have known that its conduct as  alleged herein violated the TCPA.   71.  Defendant knew that it did not have prior express consent to make these calls,  and knew or should have known that its conduct was a violation of the TCPA.   72.  Because Defendant knew or should have known that Plaintiff and Class  Members had not given prior express consent to receive its autodialed calls, the Court should  treble the amount of statutory damages available to Plaintiff and the other members of the  putative Class pursuant to § 227(b)(3) of the TCPA.   73.  As a result of Defendant’s violations, Plaintiff and the Class Members 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).  Knowing and/or Willful Violation of the TCPA, 47 U.S.C. § 227(b)  (On Behalf of Plaintiff and the Class)   PROPOSED CLASS   Violation of the TCPA, 47 U.S.C. § 227  (On Behalf of Plaintiff and the Do Not Call Registry Class)   Violations of the TCPA, 47 U.S.C. § 227(b)  (On Behalf of Plaintiff and the Class)  