24.  On or about November 26, 2018, Defendant called Plaintiff’s cellular telephone number  ending in 9978 (“9978 Number”) with a pre-recorded message.    25.  Upon Plaintiff answering the phone, a pre-recorded message asked Plaintiff to press 1  if she was interested in a vacation promotion.   26.  After Plaintiff pressed 1, she was connected to a live representative who notified  Plaintiff that he was an employee of Defendant and that he wanted to sell Plaintiff insurance.     27.  The employee represented that Defendant had obtained Plaintiff’s number from  Facebook.  Plaintiff does not list her phone number on Facebook.    28.  Plaintiff is the subscriber and sole user of the 9978 Number.   29.  Defendant called Plaintiff from 305-514-0228, a number which upon information and  belief, Defendant owned and/or operated.    30.  Plaintiff received the subject calls within this judicial district and, therefore, Defendant’s  violation of the TCPA occurred within this district.     31.  Upon information and belief, Defendant caused similar calls to be sent to individuals  residing within this judicial district.     32.  At no point in time did Plaintiff provide Defendant with written express consent to be  contacted using a pre-recorded message.     33.  Defendant’s unsolicited calls caused Plaintiff actual harm, including invasion of her  privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion.  Defendant’s calls  also inconvenienced Plaintiff and caused disruption to her daily life.    34.  Plaintiff brings this case as a class action pursuant to Fed. R. Civ. P. 23, on behalf of  herself and all others similarly situated.   35.  Plaintiff brings this case on behalf of the below defined Class:  All persons within the United States who, within the four years  prior to the filing of this Complaint, were sent a pre-recorded call,  from Defendant or anyone on Defendant’s behalf, to said person’s  cellular telephone number, without their prior express written  consent.     36.  Defendant and their 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.  40.  The common questions in this case are capable of having common answers. If Plaintiff’s  claim that Defendants routinely calls 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.  45.  Plaintiff re-alleges and incorporates the foregoing allegations as if fully set forth  herein.    46.  It is a violation of the TCPA to make “any call (other than a call made for  emergency purposes or made with the prior express consent of the called party) using any  automatic telephone dialing system or prerecorded or artificial voice… to any telephone number  assigned to a … cellular telephone service ….” 47 U.S.C. § 227(b)(1)(A)(iii).    47.  Defendant – or third parties directed by Defendant – used pre-recorded calls to  make non-emergency marketing telephone calls to the cellular telephones of Plaintiff and other  members of the Class.   49.  Defendant violated § 227(b)(1)(A)(iii) of the TCPA by using a pre-recorded  message to make non-emergency telephone calls to the cell phones of Plaintiff and the other  members of the putative Class without their prior express consent.    50.  As a result of Defendant’s conduct and pursuant to § 227(b)(3) of the TCPA,  Plaintiff and the other members of the putative Class were harmed and are each entitled to a  minimum of $500.00 in damages for each violation. Plaintiff and the class are also entitled to an  injunction against future calls.   WHEREFORE, Plaintiff, Isabel Gutierrez, on behalf of herself and the other members of  the Class, prays for the following relief:   a.  A declaration that Defendant’s practices described herein violate the Telephone  Consumer Protection Act, 47 U.S.C. § 227;   b.  A declaration that Defendant’s violations of the Telephone Consumer Protection  Act, 47 U.S.C. § 227, were willful and knowing;  c.  An injunction prohibiting Defendant from using pre-recorded messages to call  telephone numbers assigned to cellular telephones without the prior express consent of the called  party;   d.  An award of actual, statutory damages, and/or trebled statutory damages; and   e.  Such further and other relief the Court deems reasonable and just.  Violations of the TCPA, 47 U.S.C. § 227(b)  (On Behalf of Plaintiff and the Class)  