17.  To market its energy products and services, Direct Energy contracts with one or  more third party vendors to make telemarketing calls, including Lead Genesis.  Direct Energy’s  vendors, including Lead Genesis, use automatic telephone dialing systems (“ATDS”) and/or  artificial or prerecorded voice messages to contact potential new customers. Direct Energy’s  vendors, including Lead Genesis, contact potential customers who have not consented to being  contacted either through the use of ATDS or pre-recorded messages, such as the Plaintiff.     18.  Direct Energy and its vendors, including Lead Genesis, benefit from the  arrangement because Direct Energy obtains new business through its vendor’s efforts, and its  vendors secures significant payment for their services.     19.  Direct Energy is vicariously liable for the conduct of the vendors, including Lead  Genesis, it hires to make telemarketing calls under ordinary principles of agency because Direct  Energy directed or authorized the vendor’s conduct constituting the statutory violations alleged  herein.    20.  Direct Energy established, approved, or ratified Lead Genesis’s policies and  practices.   35.  Class Definition.  Pursuant to Federal Rules of Civil Procedure 23(b)(2) and  (b)(3), Plaintiffs bring this case as a class action on behalf of a Class defined as follows:  All persons in the United States to whom: (a) Defendants or a third  party acting on Defendants’ behalf, made one or more non- emergency telephone calls; (b) promoting Direct Energy’s goods  or services; (c) to their cellular telephone number; (d) through the  use of an automatic telephone dialing system or an artificial or  prerecorded voice; and (e) at any time in the period that begins  four years before the date of filing this Complaint to trial.  Excluded from the Class are Defendants, any entity in which Defendants have a controlling  interest or that has a controlling interest in Defendants, and Defendants’ legal representatives,  assignees, and successors.  Also excluded are the judge to whom this case is assigned and any  member of the judge’s immediate family.   36.  Numerosity.  The Class is so numerous that joinder of all members is  impracticable.  On information and belief, the Class has more than 1,000 members.  Moreover,  the disposition of the claims of the Class in a single action will provide substantial benefits to all  parties and the Court.  