23.  On or about August through November 2020, Defendant caused a prerecorded  voice message to be transmitted to Plaintiff’s cellular telephone number ending in 8280 (“8280  Number”):   24.  The prerecorded voice message states that the prerecorded message was being sent  from Defendant and sought for Plaintiff to come to Defendant’s dealership, see their inventory and  purchase a vehicle.   25.  Plaintiff is the subscriber and/or sole user of the 8280 number.    26.  When Plaintiff listened to the voice message, she was easily able to determine that  it was a prerecorded message. Rahn v. Bank of Am., No. 1:15-CV-4485-ODE-JSA, 2016 U.S. Dist.  LEXIS 186171, at *10-11 (N.D. Ga. June 23, 2016) (“When one receives a call, it is a clear-cut  fact, easily discernible to any lay person, whether or not the recipient is speaking to a live human  being, or is instead being subjected to a prerecorded message.”).   27.  Defendant’s prerecorded message calls constitute telemarketing/advertising  because they promote Defendant’s business, goods and services.   28.  At no point in time did Plaintiff provide Defendant with her express written consent  to be contacted by prerecorded message.   29.  Upon information and belief, Defendant caused similar prerecorded messages to be  sent to individuals residing within this judicial district.   31.  Plaintiff brings this case as a class action pursuant to Fed. R. Civ. P. 23, on behalf  of herself and all others similarly situated.   32.  Plaintiff brings this case on behalf of the Class defined as follows:  NO CONSENT CLASS: All persons in the United States who, within four  years prior to the filing of this action, (1) were sent a prerecorded message by  or on behalf of Defendant, (2) regarding Defendant’s goods, products or  services, and (4) for which Defendant failed to secure the called party’s express  written consent    33.  Plaintiff reserves the right to modify the Class definitions as warranted as facts are  learned in further investigation and discovery.    34.  Defendant and its 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.  37.  There are numerous questions of law and fact common to members of the Class  which predominate over any questions affecting only individual members of the Class.  Among  the questions of law and fact common to the members of the Class are:  a. Whether Defendant made non-emergency calls to Plaintiff’s and Class  members’ cellular telephones using a prerecorded message;  b. Whether Defendant can meet its burden of showing that it obtained prior  express written consent to make such calls;  c. Whether Defendant’s conduct was knowing and willful;  d. Whether Defendant is liable for damages, and the amount of such damages;  and  e. Whether Defendant should be enjoined from such conduct in the future.   38.  The common questions in this case are capable of having common answers. If  Plaintiff’s claim that Defendant routinely transmits calls to 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.  43.  Plaintiff re-alleges and incorporates the foregoing allegations as if fully set forth  herein.    44.  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  …artificial or prerecorded voice to any telephone number assigned to a … cellular telephone  service ….” 47 U.S.C. § 227(b)(1)(A)(iii).    45.  It is a violation of the TCPA regulations promulgated by the FCC to “initiate any  telephone call…using an… artificial or prerecorded voice to any telephone number assigned to a  paging service, cellular telephone service, specialized mobile radio service, or other radio common  carrier service, or any service for which the called party is charged for the call.”  47 C.F.R. §   64.1200(a)(1)(iii).   PROPOSED CLASS   Violations of the TCPA, 47 U.S.C. § 227(b)  (On Behalf of Plaintiff and No Consent Class)  