10.  On September 10, 2019, Plaintiff patronized one of Defendant Jam’n’s  coffee shops located in Grand Rapids, Michigan while he was in the city on business.   11.  Plaintiff’s decided to patronize Jam’n’s establishment, in part, in order to  access a WiFi network.   12.  Although Jam’n provided a WiFi network for use by its patrons, the  network was password protected and Plaintiff did not see the password posted.   13.  On Plaintiff’s table, Jam’n had placed a card stating that in order to obtain  the password for establishment’s WiFi network, he could text the word “Jam’n” to the  short code “69922.”   14.  This card did not state that by doing so Plaintiff was giving his consent to  be contacted by Defendants using an Automatic Telephone Dialing System.   15.  Plaintiff did not in any other way give his consent to be contacted by  Defendants using an Automatic Telephone Dialing System.   16.   Following the instructions on the card, Plaintiff texted the word “Jamin”  to the short code “69922” from his personal cellular telephone.   17.  Almost immediately, Plaintiff received a reply text message from the short  code “69922,” reading:  Welcome to JamnBean’s VIP program.  2.00 OFF Lattes,  FREE WIFI & more.  Check out our new wholesale program:  https://slkt.io/GbZ  wifi psw: betterhalf  4 Msgs/Month.  Reply STOP to cancel, HELP for help.   Msg&data rates may apply.  Terms: http://bit.ly/2lbEw25  [ 3 ]   18.  The url http://bit.ly/2lbEw25 leads to a webpage operated by Defendant  SlickText giving terms and conditions.   19.  The url https://slkt.io/GbZ then led to, on information and belief, a  reusable $2.00 off coupon for lattes redeemable at Jam’n coffee shop locations.  At  present, it leads to a statement that the coupon has expired.   2.00 OFF any Latte w/ reusable coupon.  Check out our  large variety of loose leaf tea!  https://slkt.io/Hwk   20.  Plaintiff did not respond to this message.   21.  Shortly thereafter, Plaintiff returned to Ohio.   22.  On September 16, 2019 at 9:05 A.M., Plaintiff received another text  message from the short code “69922,” reading:  Jam’nBean VIP’S, how about a Pumpkin Spice Latte.  Save   23.  The url https://slkt.io/Hwk then led to, on information and belief, a  reusable $2.00 off coupon for lattes redeemable at Jam’n coffee shop locations.  At  present, it leads to a statement that the coupon has expired.   24.  On October 7, 2019 at 10:00 A.M., Plaintiff received another text message  from the short code “69922,” reading:  Hey VIP’s – 10 reasons to visit Jam’nBean Coffee & Tea Co.   & 2.00 off latte coupon https://slkt.io/Hwk   25.  The url https://slkt.io/Hwk then led to, on information and belief, a  reusable $2.00 off coupon for lattes redeemable at Jam’n coffee shop locations, as well as  advertising material for Jam’n.  At present, it leads to a statement that the coupon has  expired.  [ 4 ]   26.  On October 14, 2019 at 10:00 A.M., Plaintiff received another text message  from the short code “69922,” reading:  Hey Jam’nBean VIP’S – This weeks Specials: 2.00 OFF Lattes,  .50 cents off Batch Brew & 1.00 off organic teas with reusable  coupon!. https://slkt.io/Hwk   27.  The url https://slkt.io/Hwk then led to, on information and belief, a  reusable $2.00 off coupon for lattes, a reusable $0.50 off coupon for “Batch Brew,” and a  reusable $1.00 off coupon for organic teas redeemable at Jam’n coffee shop locations.  At  present, it leads to a statement that the coupon has expired.   28.  On October 21, 2019 at 8:00 A.M., Plaintiff received another text message  from the short code “69922,” reading:  Hey Jam’nBean VIP’s! – Taste the difference of Freshly  Roasted Coffee w/ a Delicious Latte & SAVE 2.00 with  reusable coupon: https://slkt.io/Hwk -SUPPORT LOCAL-   29.  The url https://slkt.io/Hwk then led to, on information and belief, a  reusable $2.00 off coupon for lattes redeemable at Jam’n coffee shop locations.  At  present, it leads to a statement that the coupon has expired.   30.  On November 4, 2019 at 8:00 A.M., Plaintiff received another text message  from the short code “69922,” reading:  Hey Jam’nBean VIP’s-SAVE 2.00 OFF Lattes, 1.00 OFF Hot  Teas with this weeks reusable coupon:  https://slkt.io/44bRn   31.  The url https://slkt.io/44bRn then led to, on information and belief, a  reusable $2.00 off coupon for lattes and a $1.00 off coupon for teas redeemable at Jam’n  coffee shop locations.  At present, it leads to a statement that the coupon has expired.  [ 5 ]   32.  On November 11, 2019 at 9:00 A.M., Plaintiff received another text  message from the short code “69922,” reading:  Hey Jam’nBean VIP’s-SAVE 2.00 OFF Lattes with this weeks  reusable coupon: https://slkt.io/44bRn Coffee Roasted to  Perfection by our own Master Roaster!   33.  The url https://slkt.io/44bRn then led to, on information and belief, a  reusable $2.00 off coupon for lattes redeemable at Jam’n coffee shop locations.  At  present, it leads to a statement that the coupon has expired.   34.  On November 18, 2019 at 9:00 A.M., Plaintiff received another text  message from the short code “69922,” reading:  Hey VIP,This Weeks JamnBean Specials,FREE 5.00 Gift Card  with Select Gift Boxes,SAVE 2.00 off Lattes & Coffee  Beans.Coupon: https://slkt.io/44bR   35.  The url https://slkt.io/44bR then led to, on information and belief, a  statement that “This mobilecoupon.io page can’t be found.”  At present, it leads to the  same statement.   36.  On November 25, 2019 at 9:00 A.M., Plaintiff received another text  message from the short code “69922,” reading:  Jam’nBean Coffee & Tea Company – Hey  {first_name|VIP}},  FREE Large Latte w/ Fresh Roasted Beans, 2.00 OFF Latte  Coupon: https://slkt.io/4hY2   37.  The url https://slkt.io/4hY2 then led to, on information and belief, a  reusable $2.00 off coupon for lattes redeemable at Jam’n coffee shop locations.  At  present, it leads to a statement that the coupon has expired.  [ 6 ]   38.  On December 3, 2019 at 1:07 P.M., Plaintiff received another text message  from the short code “69922,” reading:  Holiday Easy Gifts – 5.00 FREE Jam’nBean Gift Card with  every Coffee/Tea Gift Box purchased.  Order here link:  http://www.jamnbean.com/gift or pickup in store!   39.  The url http://www.jamnbean.com/gift then led to, on information and  belief, Jam’n’s online store.  At present, it leads to the same.   40.  On December 9, 2019 at 8:00 A.M., Plaintiff received another text message  from the short code “69922,” reading:  Hey VIP,2.00 OFF all Lattes with reusable coupon! Fresh  roasted coffee from Jam’nBean makes the perfect gift.  Coupon: https://slkt.io/4vNH   41.  The url https://slkt.io/4vNH then led to, on information and belief, a  reusable $2.00 off coupon for lattes redeemable at Jam’n coffee shop locations.  At  present, it leads to a statement that the coupon has expired.   42.  On December 30, 2019 at 8:01 A.M., Plaintiff received another text message  from the short code “69922,” reading:  Hey Jam’nBean VIP – New Year Savings with a 2.00 OFF  Latte Coupon: : https://slkt.io/4lgS “But first, coffee!”   43.  The url https://slkt.io/4lgS then led to, on information and belief, a  reusable $2.00 off coupon for lattes redeemable at Jam’n coffee shop locations.  At  present, it leads to a USPS package tracking report.  [ 7 ]   44.  On February 4, 2020 at 8:00 A.M., Plaintiff received another text message  from the short code “69922,” reading:  Hey Jam’nBean VIP, Shake off the Winter Blues & SAVE 2.00  on any awesome Latte & Fresh Baked Muffin Combo.  Use  Coupon: https://slkt.io/52qt “But first, coffee!”   45.  The url https://slkt.io/52qt then led to, on information and belief, a  reusable $2.00 off coupon for any latte and muffin combination redeemable at Jam’n  coffee shop locations.  At present, it leads to the same.   46.  In total, Defendants have sent thirteen text messages to Plaintiff.   47.  On information and belief, Defendant Jam’n entered the text of each text  message into an interface provided by Defendant SlickText, and Defendant SlickText  then sent them out using a device capable of storing and dialing through a list of Jam’n  WiFi users’ telephone numbers in rapid succession.   48.  This action follows.  49.  Plaintiff realleges the paragraphs above as though fully set forth herein.   50.  The TCPA, pursuant to 47 U.S.C. § 227(b)(1)(A), prohibits “making 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 recorded voice . . .(iii) to any telephone number assigned to a . . . cellular  telephone device . . . unless such call is made solely to collect a debt owed or guaranteed  by the United States.  [ 8 ]   51.  A text message is a “call” for the purposes of the TCPA.  2003 TCPA  Order, 18 FCC Rcd at 14115, ¶ 165.   52.  “Prior express consent” means “prior express written consent,” not merely  proof of an existing business relationship, although “written consent” may be signed by  the recipient in any form permitted by the E-Sign Act.  2012 TCPA Order, 27 FCC Rcd at  1830, ¶¶ 20, 34.   53.  “The term prior express written consent means an agreement, in writing,  bearing the signature of the person called that clearly authorizes the seller to deliver or  cause to be delivered to the person called advertisements or telemarketing messages  using an automatic telephone dialing system or an artificial or prerecorded voice . . . (i)  The written agreement shall include 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.”  47 C.F.R.   54.  An “automatic telephone dialing system” (“ATDS”) is any “equipment  which has the capacity … to store or produce telephone numbers to be called, using a  random or sequential number generator; and to dial such numbers.”  47 U.S.C.  § 227(b)(1).   55.  The facts that Defendants’ text messages were in no way personalized,  that Defendants intentionally sought to acquire many telephone numbers to which they  might advertise, and that nearly all of Defendants’ text messages were sent exactly at  [ 9 ]  8:00 A.M., 9:00 A.M., or 10:00 A.M., together indicate that Defendant SlickText sent the  text using an ATDS.   56.  At no time did Plaintiff give prior express written consent to Jam’n or  SlickText permitting them to contact Plaintiffs by means of an ATDS.   57.  On information and belief, SlickText sent each of the text messages at issue  at Jam’n’s instructions.   58.  Defendants therefore violated the TCPA by sending at least thirteen text  messages to Plaintiff’s cellular phone using an ATDS without his prior consent express  written consent.   59.  Defendants’ conduct in violating the TCPA was knowing and willful.   60.  Plaintiffs are entitled to $500 per call under this count, trebled for  knowing or willful violations.   61.  Plaintiff brings this claim on behalf of a class, pursuant to Fed. R.  Civ. P. 23(a) and Fed. R. Civ. P. 23 (b)(3).   62.  The class consists of:   All individuals to whom SlickText sent a text message, where that text  message was drafted by Jam’n or was drafted at Jam’n’s request, and  where that text message was received on or after February 20, 2016.   63.  The class is so numerous that joinder of all members is not practicable.  On  information and belief, there are hundreds of class members.   64.1200(f)(8).   64.  There are questions of law and fact common to the class members that  predominate over any questions relating to individual class members.  The only  [ 10 ]  significant question with respect to any class member is whether Defendants’ method of  obtaining consent—requiring that patrons provide their phone numbers to access WiFi  without disclosing that patrons would thereafter receive further text messages sent by  means of an automatic telephone dialing system—satisfies the “prior express written  consent” requirement of the TCPA.   65.  Plaintiff’s claims are typical of the claims of all class members.  All are  based on the same factual and legal theories.   66.  Plaintiff will fairly and adequately represent the class members.  Plaintiff  has retained competent counsel familiar with TCPA and class action litigation and with  the resources necessary to pay for class notice and discovery costs.   67.  A class action is superior for the fair and efficient adjudication of this  matter, in that individual actions are not economically feasible and many if not most  class members are unaware of their rights.  WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter  judgment as follows:  a.  Certifying this case as a class action under Fed. R. Civ. P. 23(a) and  23(b)(3);  b.  Appointing Plaintiff as class representative and Plaintiff’s counsel as class  counsel;   c.  Declaring that the practices complained of herein are unlawful and violate  the aforementioned bodies of law;  [ 11 ]  d.  Awarding statutory damages of $500 per plaintiff per text message,  trebled for knowing or willful violations;  e.  Awarding Plaintiff as class representative statutory damages of $500 per  text message for twelve text messages, trebled for knowing or willful violations;  f.  Awarding Plaintiff the costs of this action;   g.  Awarding any other relief as this Honorable Court deems just and  appropriate. 