10. At all times relevant, Plaintiff was a citizen of the State of California.   Plaintiff is, and at all times mentioned herein was, a “person” as defined by  47 U.S.C. § 153 (10).   11. Defendant is, and at all times mentioned herein was, a corporation and a  “person,” as defined by 47 U.S.C. § 153 (10).   12. At all times relevant Defendant conducted business in the State of California  and in the County of San Diego, within this judicial district.   13. Beginning in April 2013, Defendant began contacting Plaintiff with an  automatic telephone dialing system (“ATDS”) as defined by 47 U.S.C. §  227(a)(1) using an “artificial or prerecorded voice” as prohibited by 47  U.S.C. 227(b)(1)(A) in order to discuss the Defendant using Plaintiff’s  services to sell Plaintiff’s vehicle.   14. On information and belief, Plaintiff did not provide Plaintiff’s cellular  telephone numbers to Defendant through any medium at any time.   15. Between April 2013 and May 2013, Plaintiff has received multiple calls  from Defendant where Defendant utilizes an “artificial or prerecorded voice”  in conjunction with an ATDS.     24. Plaintiff brings this action on behalf of himself and on behalf of and all  others similarly situated (“the Class”).   25. Plaintiff represents, and is a member of the Class, consisting of all persons  within the United States who received any unsolicited marketing and  artificial or prerecorded voice messages from Defendant without prior  express consent which message by Defendant or its agents was not made for  emergency purposes, within the four years prior to the filing of this action.   36. Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   37. The foregoing acts and omissions of Defendant constitute 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.   38. 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).   39. Plaintiff and the Class are also entitled to and seek injunctive relief  prohibiting such conduct in the future.  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. 