13.   Plaintiff is, and at all times mentioned herein was, the subscriber of the cellular telephone  number (267) ***-1810 (the “1810 Number”).  The 1810 Number is, and at all times mentioned herein  was, assigned to a cellular telephone service as specified in 47 U.S.C. § 227(b)(1)(A)(iii).   33.   Class Definition.  Plaintiff brings this civil class action on behalf of herself individually  and on behalf of all other similarly situated persons as a class action pursuant to Fed. R. Civ. P. 23. The  “Class” which Plaintiff seeks to represent is comprised of and defined as follows:  All persons within the  United States who received one or more SMS text message(s) from Hot Topic, Inc. and/or an affiliate,  subsidiary, or agent of Hot Topic, Inc. to a cellular telephone through the use of an automatic dialing  system and who did not provide prior express written consent to receive such SMS text message(s).   34.   Defendant, its employees and agents are excluded from the Class.    35.   Plaintiff reserves the right to modify the definition of the Class (or add one or more  subclasses) after further discovery.    36.   Plaintiff and all Class members have been impacted and harmed by the acts of Defendant  and/or their affiliates or subsidiaries.    37.   This Class Action Complaint seeks injunctive relief and monetary damages.   38.   This action may properly be brought and maintained as a class action pursuant to Fed. R.  Civ. P. 23(a) and (b).  This class action satisfies the numerosity, typicality, adequacy, commonality,  predominance and superiority requirements.   39.   Upon application by Plaintiff’s counsel for certification of the Class, the Court may also  be requested to utilize and certify subclasses in the interests of manageability, justice and/or judicial  economy.    40.   Numerosity.  The number of persons within the Class is substantial, believed to amount  to tens of thousands of persons dispersed throughout the United States. It is, therefore, impractical to  join each member of the Class as a named Plaintiff. Further, the size and relatively modest value of the  claims of the individual members of the Class renders joinder impractical.  Accordingly, utilization of  the class action mechanism is the most economically feasible means of determining and adjudicating the  merits of this litigation.    KNOWING AND/OR WILLFUL VIOLATION  OF  THE TELEPHONE CONSUMER PROTECTION ACT  NEGLIGENT VIOLATION   OF  THE TELEPHONE CONSUMER PROTECTION ACT 