12.  Defendant Vegas Package is a purported vacation retail company that offers Las  Vegas vacation packages to consumers. Among Vegas Package’s offerings is a four-day stay in  Las Vegas, including dinner for two and two show tickets, for $399.   13.   Unfortunately for consumers, Vegas Package casts its marketing net too wide.  That is, in an attempt to promote its business and to generate leads for its financial products  Defendants conducted (and continues to conduct) a wide scale telemarketing campaign that  repeatedly makes unsolicited autodialed calls to consumers' telephones including cellular  telephones all without any prior express consent to make these calls.    14.  To make matters worse, Defendants place these calls to telephones using an ATDS  without consumers’ prior written express consent in violation of the TCPA.    17.  At no time did Defendants obtain prior express consent from the Plaintiff and the  Class members orally or in writing to receive autodialed calls.    18.  In making the phone calls at issue in this Complaint, Defendants and/or their  agents utilized an ATDS.  Specifically, the hardware and software used by Defendants and/or  their agents has the capacity to store, produce, and dial random or sequential numbers, and/or  receive and store lists of telephone numbers, and to dial such numbers, en masse, in an automated  fashion without human intervention. Defendants’ automated dialing equipment includes features  substantially similar to a predictive dialer, inasmuch as it is capable of making numerous calls  simultaneously, without human intervention.   19.  Defendants knowingly made, and continue to make, telemarketing calls without  the prior express consent of the recipients. As such, Defendants not only invaded the personal  privacy of Plaintiff and members of the putative Class, but also intentionally and repeatedly  violated the TCPA.  20.  Plaintiff Fisher is the subscriber to and customary user of the personal cellular  telephone number 602-750-6084.   21.  On approximately July 8, 2019, Plaintiff received a call from the phone number  (702) 983-2098.   22.  After answering the call, Plaintiff was met with “dead air” for several seconds  before he was apparently connected to a live representative.   24.  The representative spent several minutes describing a Las Vegas vacation package  offer for $399 that he encouraged Plaintiff to purchase.   25.  Near the end of the call, Plaintiff politely declined the offer and asked the  representative to not call him again, to which the representative replied with a homophobic slur  before ending the call.    26.  Plaintiff Fisher never consented either orally or in writing to receive prerecorded  and/or autodialed calls from Vegas Package, Douglas, or any of their affiliates or agents.   27.  Plaintiff does not have a relationship with Defendants, has never provided his  telephone number directly to Defendants, and has never requested that Defendants place  prerecorded and/or autodialed calls to him or offer him its services. Simply put, Plaintiff has  never provided any form of prior express written or oral consent to Defendants to place  prerecorded and/or autodialed calls to him and has no business relationship with Defendants.   28.  Defendants were, and are, aware that the above described autodialed calls were  made to consumers like Plaintiff who have not consented to receive them.   29.  By making unauthorized autodialed calls as alleged herein, Douglas and Vegas  Package have caused consumers actual harm, including the aggravation, nuisance and invasions  of privacy that result from the receipt of such calls, the wear and tear on their cellphones,  consumption of battery life, lost cellular minutes, loss of value realized for monies paid to their  wireless carriers for the receipt of such calls, and in the form of the diminished use, enjoyment,  value, and utility of their telephones and telephone plans. Furthermore, Defendants made the calls  knowing they interfered with Plaintiff and the other Class members’ use and enjoyment of, and  the ability to access, their cellphones, including the related data, software, and hardware  components.   31.  On information and belief, Douglas Douglas personally directed and oversaw the  making of the calls by Defendants’ employees or agents. Douglas Douglas was directly involved  in the making of the calls. Douglas committed, directly participated in, or otherwise authorized the  commission of wrongful acts within the scope of his employment as a corporate officer of  Defendant. Defendant failed to take efforts to implement appropriate policies or procedures  designed to comply with the TCPA or authorized or personally engaged in conduct that clearly  violated the TCPA.   32.  To redress these injuries, Plaintiff, on behalf of himself and a Class of similarly  situated individuals, brings this suit under the TCPA, which prohibits unsolicited prerecorded  and/or autodialed calls to telephones. On behalf of the Class, Plaintiff seeks an injunction  requiring Defendants to cease all unauthorized autodialed calling activities and an award of  statutory damages to the class members, together with costs and reasonable attorneys’ fees.  33.  Plaintiff brings this action pursuant to Federal Rule of Civil Procedure 23(b)(2)  and Rule 23(b)(3) on behalf of himself and the Class defined as follows:  Autodialed No Consent Class: All persons in the United States who (1)  Defendants, or a third person acting on behalf of Defendants, called; (2) on the  person’s cellular telephone; (3) for the purpose of selling Vegas Package’s products  and services; (4) using an autodialer as defined in the TCPA; and (4) for whom  Defendants claim they obtained prior express consent in the same manner as  Defendants claims they supposedly obtained prior express consent to call the  Plaintiff.   35.  Numerosity: The exact number of members within the Class is unknown and not  available to Plaintiff at this time, but it is clear that individual joinder is impracticable. On  information and belief, Defendant has placed pre-recorded calls to thousands of consumers who  fall into the defined Class. However, the exact number of members of the Class can only be  identified through Defendant’s records.   36.  Typicality: Plaintiff’s claims are typical of the claims of other members of the  Class, in that Plaintiff and the members of the Class sustained damages arising out of Defendants’  uniform wrongful conduct.   37.  Adequate Representation: Plaintiff will fairly and adequately represent and  protect the interests of the Class, and has retained counsel competent and experienced in complex  class actions. Plaintiff has no interests antagonistic to those of the Class, and Defendants have no  defenses unique to Plaintiff.   39.  Superiority: This case is also appropriate for class certification because class  proceedings are superior to all other available methods for the fair and efficient adjudication of  this controversy. Joinder of all parties is impracticable, and the damages suffered by the  individual members of the Class will likely be relatively small, especially given the burden and  expense of individual prosecution of the complex litigation necessitated by Defendants’ actions.  Thus, it would be virtually impossible for the individual members of the Class to obtain effective  relief from Defendants’ misconduct. Even if members of the Class could sustain such individual  litigation, it would still not be preferable to a class action, because individual litigation would  increase the delay and expense to all parties due to the complex legal and factual controversies  presented in this Complaint. By contrast, a class action presents far fewer management difficulties  and provides the benefits of single adjudication, economy of scale, and comprehensive  supervision by a single Court. Economies of time, effort and expense will be fostered and  uniformity of decisions ensured.  40.  Plaintiff incorporates by reference the foregoing allegations as if fully set forth  herein.   41.  Defendant Vegas Package, by and through its agents, made unsolicited and  unwanted telemarketing calls to cellular telephone numbers belonging to Plaintiff and the other  members of the Autodialed No Consent Class—without their prior express written consent—in an  effort to generate leads for Defendants’ products and services.   43.  Defendants failed to obtain any prior express consent that included, as required by  47 C.F.R. § 64.1200(f)(8)(i), a “clear and conspicuous” disclosure informing the person signing  that:  (A) By executing the agreement, such person authorizes the seller to deliver or cause  to be delivered to the signatory telemarketing calls using an automatic telephone  dialing system or an artificial or prerecorded voice; and  (B) The person is not required to sign the agreement (directly or indirectly), or agree  to enter into such an agreement as a condition of purchasing any property, goods, or  services.   44.  Further, Defendants made the telephone calls using equipment that had the  capacity to store or produce telephone numbers to be called using a random or sequential number  generator, and/or receive and store lists of phone numbers, and to dial such numbers, en masse.  Defendants utilized equipment that made the telephone calls to Plaintiff and other members of the  Autodialed No Consent Class simultaneously and without human intervention.    45.  By making unsolicited telephone calls to Plaintiff and members of the Class’s  cellular telephones without prior express consent, and by utilizing an ATDS while doing so,  Defendants violated 47 U.S.C. § 227(b)(1)(A)(iii).   46.  As a result of Defendants’ unlawful conduct, Plaintiff and the members of the  Class suffered actual damages in the form of monies paid to receive the unsolicited telephone  calls on their cellular telephones and, under Section 227(b)(3)(B), are each entitled to, inter alia, a  minimum of $500 in damages for each such violation of the TCPA.   Violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq.  (On behalf of Plaintiff and the Autodialed No Consent Class)  