21.  In 1991, Congress enacted the TCPA in response to a growing number of  consumer complaints regarding certain telemarketing practices.   22.  The TCPA regulates, among other things, the use of automated telephone  equipment, or “autodialers,” defined 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.” 47 U.S.C. § 227(a)(1). Specifically, the plain language of section  227(b)(1)(A)(iii) prohibits the use of autodialers to make any call to a wireless number in the  absence of an emergency or the prior express consent of the called party.    33.  Plaintiff brings this action on behalf of himself and on behalf of all other persons  similarly situated.   34.  Plaintiff proposes the following Class definition:  All persons within the United States who were not listed in Defendant’s records  as the intended recipient of a telephone call, and from four years prior to the filing  of this action to the date that class notice is disseminated, received from or on  behalf of Defendant one or more telephone calls on their cellular telephone.    35.  Plaintiff represents, and is a member of, this proposed Cass.  Excluded from the  Class is Defendant and any entities in which Defendant has a controlling interest, Defendant’s  agents and employees, any Judge and/or Magistrate Judge to whom this action is assigned and  any member of such Judges’ staffs and immediate families.   55.  Plaintiff incorporates by reference the foregoing paragraphs of this Complaint as  if fully stated herein.   56.  The foregoing acts and omissions of Defendant constitute numerous and multiple  violations of the TCPA, including but not limited to each of the above-cited provisions of 47  U.S.C. § 227 et seq.   57.  As a result of Defendant’s violations of 47 U.S.C. § 227 et seq., Plaintiff and  members of the proposed class are entitled to an award of $500.00 in statutory damages for each  and every call in violation of the statute, pursuant to 47 U.S.C. § 227(b)(3)(B).   A.  The TCPA of 1991   KNOWING AND/OR WILLFUL VIOLATIONS OF THE TELEPHONE CONSUMER  PROTECTION ACT (“TCPA”), 47 U.S.C. § 227, et seq.   VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT (“TCPA”),  47 U.S.C. § 227, et seq.  