16.  On several occasions in the past, Plaintiff visited Defendant’s retail  establishments located in San Diego, California, including the stores located at 8440 Rio  San Diego Drive, San Diego, California 92108 and 11860 Carmel Mountain Road #210,  San Diego, California 92128.    17.  On one such occasion, Plaintiff was required to input her personal  information, including her cell phone number into Defendant’s point of sale registry.   18.  Plaintiff did not provide express written consent to receive Defendant’s SMS  text message marketing and advertisement messages.     42.  Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   43.  The foregoing acts and omissions of Defendant constitute numerous and  multiple knowing and/or willful violations of the TCPA, including but not limited to each  and every one of the above-cited provisions of 47 U.S.C. § 227.   47.  Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   48.  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.   52.  Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   53.  The amendments to 47 C.F.R. § 64.1200(a)(2), which became effective on  October 16, 2013, require that Defendant obtain prior express written consent before  sending texts using an automatic telephone dialing system to the cellular telephones  belonging to Plaintiff and the Class because Defendant does not send its texts for  emergency purposes, it is not a tax-exempt nonprofit organization, and it does not deliver  health care messages to customers as a covered entity or a business associate under  Knowing and/or Willful Violations of the Telephone Consumer Protection Act  47 U.S.C. § 227   Negligent Violations of the Telephone Consumer Protection Act  47 U.S.C. § 227   Plaintiff’s Allegations   Violations of Restrictions on Telemarketing and Telephone Solicitation  47 C.F.R. § 64.1200  