10.  Western Dental utilizes TalkSoft in order to send automated appointment  reminders, and requests to schedule new appointments.    11.  TalkSoft’s parent company RevSpring explains how it automates the process of  patient outreach, which is used to bring former patients back into the dental clinics:  2   15.  Until 2016, Plaintiff Bulette was a patient of Western Dental.    37.  Plaintiff brings this action pursuant to Federal Rule of Civil Procedure 23(b)(2)  and Rule 23(b)(3) on behalf of herself and all others similarly situated and seeks certification of  the following Class:  All persons in the United States who from four years prior to the filing of this action  (1) Defendant (or an agent acting on behalf of Defendant) text messaged, (2) on the  person’s cellular telephone number, (3) using a text messaging platform  substantially similar to the text messaging platform Defendant used to text message  Plaintiff, (4) after that person opted-out of Defendant’s text messages and did not  resubscribe.   38.  The following individuals are excluded from the Class: (1) any Judge or  Magistrate presiding over this action and members of their families; (2) Defendant, its  subsidiaries, parents, successors, predecessors, and any entity in which Defendant or its parents  have a controlling interest and their current or former employees, officers and directors; (3)  Plaintiff’s attorneys; (4) persons who properly execute and file a timely request for exclusion  from the Class; (5) the legal representatives, successors or assigns of any such excluded persons;  and (6) persons whose claims against Defendant have been fully and finally adjudicated and/or  released. Plaintiff anticipates the need to amend the Class definition following appropriate  discovery.   39.  Numerosity: On information and belief, there are hundreds, if not thousands of  members of the Class such that joinder of all members is impracticable.   43.  Plaintiff repeats and realleges the above paragraphs of this Complaint and  incorporates them by reference herein.   44.  Defendant and/or its agents sent unwanted solicitation text messages to cellular  telephone numbers belonging to Plaintiff and the other members of the Class using an autodialer  after Plaintiff and members of the Class opted-out of receiving additional text messages.    45.  These solicitation text messages were sent en masse without the consent of the  Plaintiff and the other members of the Autodialed No Consent Class to receive such solicitation  text messages.   46.  Defendant has, therefore, violated 47 U.S.C. § 227(b)(1)(A)(iii). As a result of  Defendant’s conduct, Plaintiff and the other members of the Class are each entitled to, under 47  U.S.C. § 227(b)(3)(B), a minimum of $500.00 in damages for each violation of such act.   47.  In the event that the Court determines that Defendant’s conduct was willful and  knowing, it may, under 47 U.S.C. § 227(b)(3)(C), treble the amount of statutory damages  recoverable by Plaintiff and the other members of the Class.  Class Treatment Is Appropriate for Plaintiff’s TCPA Claims Arising From Texts Sent by  Western Dental Agents   Plaintiff Received Autodialed Text Messages to Her Cell  Phone Despite Telling Defendant to Stop Texting   Telephone Consumer Protection Act  (Violations of 47 U.S.C. § 227)  (On Behalf of Plaintiff and the Class)   Western Dental Violates the TCPA By Sending Autodialed Text Messages  to Consumers’ Cellular Phone Numbers Without Consent, After Consumers Opt-Out  