19.  Specifically, on September 25, 2018, Defendant placed, or caused to be placed, an  automated text message to Plaintiff’s cellular telephone number ending in 7557 (“7557 Number”):   20.  On September 27, 2018 and September 29, 2018, Plaintiff received additional texts from  30.  Plaintiff brings this case as a class action pursuant to Fed. R. Civ. P. 23, on behalf of  himself and all others similarly situated.   31.  Plaintiff brings this case on behalf of the below defined Class:  All persons within the United States (1) who, within the four  years prior to the filing of this Complaint; (2) were sent a text  message; (3) from Defendant or anyone on Defendant’s behalf;  (4) to said person’s cellular telephone number; (5) using the  same equipment, or type of equipment, used to text Plaintiff’s  cellular telephone; (6) without the recipient’s prior express  consent.     32.  Defendant and their 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.  35.  There are numerous questions of law and fact common to the Class which predominate  over any questions affecting only individual members of the Class.  Among the questions of law and  fact common to the Class are:  (1) Whether Defendant made non-emergency text messages to Plaintiff and Class  members’ cellular telephones using an ATDS;  (2) Whether Defendant can meet their burden of showing that they obtained prior  express written consent to make such text messages;  (3) Whether Defendant’s conduct was knowing and willful;  (4) Whether Defendant are liable for damages, and the amount of such damages;  and  (5) Whether Defendant should be enjoined from such conduct in the future.   41.  Plaintiff re-alleges and incorporates the foregoing allegations as if fully set forth herein.    42.  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).    43.  The TCPA defines an “automatic telephone dialing system” (hereinafter “ATDS”) as  “equipment which has the capacity – (A) to store or produce telephone numbers to be called, using a  random or sequential number generator; and (B) to dial such numbers.”  Id. at § 227(a)(1).   44.  Defendant – or third parties directed by Defendant – used equipment having the capacity  to store telephone numbers, using a random or sequential generator, and to dial such numbers and/or to  dial numbers from a list automatically, without human intervention, to make non-emergency telephone  calls to the cellular telephones of Plaintiff and the other members of the Class.    45.  These text messages were sent without regard to whether Defendant had first obtained  express permission from the text messaged party to make such text messages. In fact, Defendant did not  have prior express consent to text message the cell phones of Plaintiff and the other members of the  putative Class when its text messages were made.    46.  Defendant violated § 227(b)(1)(A)(iii) of the TCPA by using an automatic telephone  dialing system to send non-emergency telephone text messages to the cell phones of Plaintiff and the  other members of the putative Class without their prior express consent.    47.  All Defendant are directly, jointly, or vicariously liable for each such violation of the  PROPOSED CLASS  