40.  Plaintiff brings this case as a class action pursuant to Fed. R. Civ. P. 23,  on behalf of himself and all others similarly situated.   52.  Plaintiff re-alleges and incorporates the foregoing allegations as if fully  set forth herein.    53.  It is a violation of the TCPA to make “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 … to any telephone number assigned  to a … cellular telephone service ….” 47 U.S.C. § 227(b)(1)(A)(iii).    54.  The TCPA defines an “automatic telephone dialing system”  (hereinafter “ATDS”) as “equipment which has the capacity – (A) to store or produce  telephone numbers to be called, using a random or sequential number generator; and  (B) to dial such numbers.” Id. at § 227(a)(1).   PROPOSED CLASS   Violations of the TCPA, 47 U.S.C. § 227(b)  (On Behalf of Plaintiff and Do Not Consent Class)  