10.   Defendant used an “automatic telephone dialing system”, as defined by 47  U.S.C. § 227(a)(1) to place its daily calls to Plaintiff seeking to collect the debt allegedly owed  by her mother   11.  Defendant’s calls constituted calls that were not for emergency purposes as  defined by 47 U.S.C. § 227(b)(1)(A).   12.  Defendant’s calls were placed to telephone number assigned to a cellular  telephone service for which Plaintiff incurs a charge for incoming calls pursuant to 47 U.S.C. §  227(b)(1).    13.  On several occasions, Plaintiff answered Defendant’s telephone call and  informed an agent for Defendant that: 1) Plaintiff’s mother cannot be reached on Plaintiff’s  telephone; 2) that Defendant has an incorrect telephone number and; 3) that Defendant must  cease placing such calls to Plaintiff.   14.  Despite receiving this information on numerous occasions, Defendant continued  to place daily calls to Plaintiff, on her cellular telephone, using an “automated telephone dialing  system.”   16.  Plaintiff brings this action on behalf of herself and all others similarly situated,  as a member of the proposed class (hereafter “The Class”) defined as follows:  All persons within the United States who received any collection  telephone calls from Defendant to said person’s cellular  telephone made through the use of any automatic telephone  dialing system and such person had not previously consented to  receiving such calls within the four years prior to the filing of this  Complaint   17.  Plaintiff represents, and is a member of, The Class, consisting of All persons  within the United States who received any collection telephone calls from Defendant to said  person’s cellular telephone made through the use of any automatic telephone dialing system  and such person had not previously not provided their cellular telephone number to Defendant  within the four years prior to the filing of this Complaint.   18.  Defendant, its employees and 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 thousands, if not more.  Thus, this matter should be certified as a Class Action to assist in  the expeditious litigation of the matter.   19.  The Class is so numerous that the individual joinder of all of its members is  impractical.  While the exact number and identities of The Class members are unknown to  Plaintiff at this time and can only be ascertained through appropriate discovery, Plaintiff is  informed and believes and thereon alleges that The Class includes thousands of members.   Plaintiff alleges that The Class members may be ascertained by the records maintained by  Defendant.   8.    Beginning in or around January of 2012, Defendant contacted Plaintiff on her  cellular telephone, (909) 684-4164, in an attempt to collect an alleged outstanding debt owed  by her now deceased mother,  Virgie Smith.   9.   Defendant placed multiple calls in a single day, often upwards of four (4) to  five (5) calls a day to Plaintiff’s cellular telephone seeking to collect the alleged debt owed by  her mother.   Knowing and/or Willful Violations of the Telephone Consumer Protection Act   47 U.S.C. §227 et seq.  • As a result of Defendant’s willful and/or knowing violations of 47 U.S.C. §  227(b)(1), Plaintiff and the Class members are entitled to  and request treble  damages, as provided by statute, up to $1,500, for each and every violation,  pursuant to 47 U.S.C. § 227(b)(3)(B) and 47 U.S.C. § 227(b)(3)(C).   • Any and all other relief that the Court deems just and proper.   Respectfully Submitted this 12th Day of October, 2012. 