30.  On April 29, 2014, Plaintiff registered his cell phone number on the  44.  Plaintiff brings this action pursuant to Federal Rule of Civil Procedure  23(b)(2) and Rule 23(b)(3) on behalf of himself and all others similarly situated  and seeks certification of the following Classes:  Pre-recorded No Consent Class: All persons in the United States who  from four years prior to the filing of this action through class  certification (1) Defendant (or an agent acting on behalf of Defendant)  called (2) using a pre-recorded voice message (3) on their cell phone  number or residential landline (4) for substantially the same purpose  Defendant called Plaintiff, and (5) for whom Defendant claims (a) it  obtained prior express written consent in the same manner as Defendant  claims it supposedly obtained prior express written consent to call the  Plaintiff, or (b) Defendant did not obtain prior express written consent.  Do Not Call Registry Class: All persons in the United States who from  four years prior to the filing of this action through class certification (1)  Defendant (or an agent acting on behalf of Defendant) called more than  one time (2) on their residential cell phone number or residential  landline (3) within any 12-month period where the cellular telephone  number had been listed on the National Do Not Call Registry for at least  thirty days (4) for substantially the same purpose Defendant called  Plaintiff, and (5) for whom Defendant claims (a) it obtained prior  express written consent in the same manner as Defendant claims it  supposedly obtained prior express written consent to call the Plaintiff,  or (b) Defendant did not obtain prior express written consent.   50.  Plaintiff repeats and realleges paragraphs 1 through 49 of this  Complaint and incorporates them by reference herein.   54.  Plaintiff repeats and realleges the paragraphs 1 through 49 of this  Complaint and incorporates them by reference herein.   55.  The TCPA’s implementing regulation, 47 C.F.R. § 64.1200(c),  provides that “[n]o person or entity shall initiate any telephone solicitation” to “[a]  residential telephone subscriber who has registered his or her telephone number on  the national do-not-call registry of persons who do not wish to receive telephone  solicitations that is maintained by the federal government.”   56.  Any “person who has received more than one telephone call within  any 12-month period by or on behalf of the same entity in violation of the  regulations prescribed under this subsection may” may bring a private action based  on a violation of said regulations, which were promulgated to protect telephone  subscribers’ privacy rights to avoid receiving telephone solicitations to which they  object.  47 U.S.C. § 227(c).   Class Treatment Is Appropriate for Plaintiff’s TCPA Claims  Arising From Calls Made by Mutual of Omaha   Mutual of Omaha Placed Pre-recorded Calls to Plaintiff’s Cell Phone Without  His Consent, Despite the Fact That Plaintiff Registered his Phone Number on  the DNC   Mutual of Omaha Markets its Services by Placing Pre-recorded Calls to   Consumers Without Their Consent    Telephone Consumer Protection Act  (Violation of 47 U.S.C. § 227)  (On Behalf of Plaintiff and the Do Not Call Registry Class)   Telephone Consumer Protection Act  (Violations of 47 U.S.C. § 227)  (On Behalf of Plaintiff Baesel and the Pre-recorded No Consent Class)  