(Violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227)   (Violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692)   10.  At all times relevant to this action, Defendant owned, operated and/or controlled  telephone number 877-395-3125.   11.   Within one year prior to the filing of this action, Defendant constantly and  continuously contacted Plaintiff at Plaintiff’s cellular telephone number (347) 413-2034.   12.   Within one year prior to the filing of this action, Defendant caused Plaintiff’s  telephone to ring or engaged Plaintiff in telephone conversations repeatedly.     13.  On or about March 31, 2014, Plaintiff received a telephone call from Defendant  on his cellular telephone.  Plaintiff requested that Defendant cease calling her there.   14.   Notwithstanding Plaintiff’s communication in this regard, Defendant continued  to contact Plaintiff on her cell phone.   15.  Defendant’s conduct as described in detail above was done to harass, oppress, or  abuse Plaintiff.   16.  Defendant’s conduct as described in detail above amounted to an unfair or  unconscionable means to collect or attempt to collect the alleged debt.  4   17.  At all times relevant to this action, while conducting business in Ohio, Defendant  has been subject to, and required to abide by, the laws of the United States, which included the  TCPA and its related regulations that are set forth at 47 C.F.R. § 64.1200 (“TCPA Regulations”),  as well as the opinions, regulations and orders issued by the courts and the FCC implementing,  interpreting and enforcing the TCPA and the TCPA regulations.   18.  At all times relevant to this action, Defendant owned, operated and/or controlled  an “automatic telephone dialing system” as defined by TCPA 47 U.S.C. § 227(a)(1) that  originated, routed and/or terminated telecommunications.   19.  Within four years prior to the filing of this action, Defendant called Plaintiff at  Plaintiff’s cellular telephone number (347) 413-2034 multiple times using an artificial  prerecorded voice or using equipment which has the capacity to store or produce telephone  numbers to be called, using random or sequential number generator and to dial such numbers,  also known as an “automatic telephone dialing system” as defined by TCPA 47 U.S.C. §  227(a)(1)(A) and (B).     20.    Defendant never received Plaintiff’s consent to call Plaintiff on Plaintiff’s  cellular telephone using an “automatic telephone dialing system” or an “artificial or prerecorded  voice” as defined in 47 U.S.C. § 227 (a)(1).   21.  Even assuming Defendant received Plaintiff’s consent to call Plaintiff on  Plaintiff’s cellular telephone using an “automatic telephone dialing system” or an “artificial or  prerecorded voice” as defined in 47 U.S.C. § 227 (a)(1), this consent was revoked when Plaintiff  demanded that Defendant cease calling Plaintiff on Plaintiff’s cellular telephone on or about, but  not limited to, March 12, 2014.   5   22.  At no time have Plaintiff and Defendant had an “established business  relationship” as defined by 47 U.S.C. § 227(a)(2).   23.  Defendant is not a tax exempt nonprofit organization.   24.  Defendant’s violation of the TCPA was willful.    25.   Within four years prior to the filing of this action, Defendant willfully and/or  knowingly contacted Plaintiff no less than five (5) times at Plaintiff’s cellular telephone using an  “automatic telephone dialing system” or using an “artificial or prerecorded voice” in violation of  the TCPA.  V.  26.  Plaintiff incorporates by reference all of the above paragraphs of this Complaint  as though fully stated herein.   27.   Defendant violated the FDCPA.  Defendant’s violations include, but are not  limited to, the following:  (a)  Defendant violated 15 U.S.C. § 1692d by engaging in conduct, the natural  consequence of which is to harass, oppress or abuse any person in connection with the collection  of the alleged debt; and  (b)   Defendant violated 15 U.S.C. § 1692d(5) by causing a telephone to ring or  engaging any person in telephone conversations repeatedly or continuously with intent to annoy,  abuse or harass any person at the called number; and    (c)  Defendant violated 15 U.S.C. § 1692f by using unfair or unconscionable means in  connection with the collection of an alleged debt.  6   28.   Defendant’s acts as described above were done intentionally with the purpose of  coercing Plaintiff to pay the alleged debts.   29.  As a result of the foregoing violations of the FDCPA, Defendant is liable to  Plaintiff for declaratory judgment that Defendant’s conduct violated the FDCPA, actual  damages, statutory damages, and costs and attorney fees.  VI.  30.   Plaintiff incorporates by reference all of the above paragraphs of this Complaint  as though fully stated herein.   31.   Defendant violated the TCPA.  Defendant’s violations include, but are not  limited to the following:  (a)  Within four years prior to the filing of this action, on multiple occasions,  Defendant violated TCPA 47 U.S.C. § 227 (b)(1)(A)(iii) which states in pertinent part, “It shall  be unlawful for any person within the United States . . . 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 an artificial or prerecorded voice — to any telephone  number assigned to a . . . cellular telephone service . . . or any service for which the called party  is charged for the call.  (b)  Within four years prior to the filing of this action, on multiple occasions,  Defendant willfully and/or knowingly contacted Plaintiff at Plaintiff’s cellular telephone using  an artificial prerecorded voice or an automatic telephone dialing system and as such, Defendant  knowing and/or willfully violated the TCPA.  7   32.   As a result of Defendant’s violations of 47 U.S.C. § 227, Plaintiff is entitled to an  award of five hundred dollars ($500.00) in statutory damages, for each and every violation,  pursuant to 47 U.S.C. § 227(b)(3)(B).  If the Court finds that Defendant knowingly and/or  willfully violated the TCPA, Plaintiff is entitled to an award of one thousand five hundred dollars  ($1,500.00), for each and every violation pursuant to 47 U.S.C. § 227(b)(3)(B) and 47 U.S.C. §  227(b)(3)(C).   33.   Plaintiff is also entitled to seek injunctive relief prohibiting such conduct in the  future.  8.  Within one year prior to the filing of this action, Defendant contacted Plaintiff to  collect an alleged debt.     9.   The alleged debt is an obligation or alleged obligation of a consumer to pay  money arising out of a transaction in which the money, property, insurance, or services which are  the subject of the transaction are primarily for personal, family, or household purposes, whether  or not such obligation has been reduced to judgment.  Thus, the alleged debt is a “debt” as  defined by 15 U.S.C. § 1692a(5).    