22.  Plaintiff brings this case as a class action pursuant to Fed. R. Civ. P. 23,  on behalf of himself and all others similarly situated.   23.  Plaintiff brings this case on behalf of the Class defined as follows:  Do Not Call Registry Class: All persons in the  United States who from four years prior to the filing  of this action (1) were sent a text message by or on  behalf of Defendant; (2) more than one time within  any 12-month period; (3) where the person’s  telephone number had been listed on the National  Do Not Call Registry for at least thirty days; (4) for  the purpose of selling Defendant’s products and  services; and (5) for whom Defendant claims (a) it  did not obtain prior express written consent, or (b)  it obtained prior express written consent in the  same manner as Defendant claims it supposedly  obtained prior express written consent to call the  Plaintiff.   24.  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.  27.  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 violated 47 C.F.R. § 64.1200(c);  b) Whether Defendant’s conduct was knowing and willful;  c) Whether Defendant violated the privacy rights of Plaintiff and  members of the class;   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.   28.  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.  33.  Plaintiff re-alleges and incorporates the foregoing allegations as if fully set  forth herein.   PROPOSED CLASS   Violation of the TCPA, 47 U.S.C. § 227  (On Behalf of Plaintiff and the Do Not Call Registry Class)  