10. Plaintiff alleges that at all times relevant herein Defendant conducted  business in the State of California, County of Alameda, and within this  judicial district.   11. At no time did Plaintiff ever enter into a business relationship with  Defendant.   12. Beginning in June 2014, Defendant initiated multiple telephonic  communications from (888) 895-0243 and (805) 904-1726 to Plaintiff’s  cellular telephone number ending in 9054.     13. At 8:21 a.m. on June 25, 2014, Plaintiff spoke with Defendant and requested  that Defendant cease communicating with Plaintiff.   14. Despite Plaintiff’s cease and desist request, Defendant continued to initiate  telephonic communications to Plaintiff’s cellular telephone.   15. During each call, Defendant falsely stated that Plaintiff had completed an  alleged form requesting financial aid information for higher education.   However, Plaintiff is not currently interested in pursing financial aid nor did  Plaintiff complete any forms.   16. On information and belief, Plaintiff believes that Defendant used an  “automatic telephone dialing system”, as defined by 47 U.S.C. § 227(a)(1) to  Case3:14-cv-02994-LB   Document1   Filed06/30/14   Page4 of 10 23. Plaintiff brings this action on behalf of herself and on behalf of all others  similarly situated (“the Class”).   24. Plaintiff represents, and is a member of the Class, consisting of all persons  within the United States who received any telephone call from Defendant or  their agent/s and/or employee/s, not sent for emergency purposes, to said  person’s cellular telephone made through the use of any automatic telephone  dialing system or with an artificial or prerecorded message within the four  years prior to the filing of this Complaint.   25. 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 hundreds of thousands, if not more.  Thus, this  Case3:14-cv-02994-LB   Document1   Filed06/30/14   Page5 of 10 35. Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   36. 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.   37. 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).   38. Plaintiff and the Class are also entitled to and seek injunctive relief  prohibiting such conduct in the future.  39. Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   40. The foregoing acts and omissions of Defendant constitutes numerous and  multiple knowing and/or willful violations of the TCPA, including but not  Case3:14-cv-02994-LB   Document1   Filed06/30/14   Page8 of 10 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.  • 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).  • Pursuant to 47 U.S.C. § 227(b)(3)(A), injunctive relief prohibiting such  conduct in the future.  • Any other relief the Court may deem just and proper.  ///  ///  ///  ///  Case3:14-cv-02994-LB   Document1   Filed06/30/14   Page9 of 10 THE TCPA, 47 U.S.C. § 227 ET SEQ.  • As a result of Defendant’s knowing and/or willful violations of 47 U.S.C.  § 227(b)(1), Plaintiff seeks for himself and each Class member $1,500.00  in statutory damages, for each and every violation, pursuant to 47 U.S.C.  § 227(b)(3)(B).  • Pursuant to 47 U.S.C. § 227(b)(3)(A), injunctive relief prohibiting such  conduct in the future.  • Any other relief the Court may deem just and proper. 