10. At all times relevant, Plaintiffs were citizens of the State of California.   Plaintiffs are, and at all times mentioned herein were, “persons” as defined  by 47 U.S.C. § 153 (10).   11. Defendant is, and at all times mentioned herein was, a corporation and a  “person,” as defined by 47 U.S.C. § 153 (10).   12. At all times relevant Defendant conducted business in the State of California  and in the County of San Diego, within this judicial district.   24. Plaintiffs bring this action on behalf of themselves and on behalf of and all  others similarly situated (“the Class).   25. Plaintiffs represent, and are members of, the Class, consisting of all persons  within the United States who received any unsolicited text messages from  Defendant which text message was not made for emergency purposes or  with the recipient’s prior express consent within the four years prior to the  filing of this Complaint.   26. Defendant and its employees or agents are excluded from the Class.   Plaintiffs do not know the number of members in the Class, but believe the  Class members number in the hundreds of thousands, if not more.  Thus, this  matter should be certified as a Class action to assist in the expeditious  litigation of this matter.   36. Plaintiffs incorporate by reference all of the above paragraphs of this  Complaint as though fully stated herein.   37. The foregoing acts and omissions of Defendant constitute numerous and  multiple negligent violations of the TCPA, including but not limited to each  and every one of the above-cited provisions of 47 U.S.C. § 227 et seq.   38. As a result of Defendant’s negligent violations of 47 U.S.C. § 227 et seq,  Plaintiffs and The Class are entitled to an award of $500.00 in statutory  damages, for each and every violation, pursuant to 47 U.S.C. § 227(b)(3)(B).   39. Plaintiffs and the Class are also entitled to and seek injunctive relief  prohibiting such conduct in the future.  40. Plaintiffs incorporate by reference all of the above paragraphs of this  Complaint as though fully stated herein.   41. The foregoing acts and omissions of Defendant constitute numerous and  multiple knowing and/or willful violations of the TCPA, including but not  limited to each and every one of the above-cited provisions of 47 U.S.C. §  227 et seq.   KNOWING AND/OR WILLFUL VIOLATIONS OF THE  TELEPHONE CONSUMER PROTECTION ACT  47 U.S.C. § 227 ET SEQ.   NEGLIGENT VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION  ACT  47 U.S.C. § 227 ET SEQ.   THE TCPA, 47 U.S.C. § 227 ET SEQ.  • As a result of Defendant’s negligent violations of 47 U.S.C. § 227(b)(1),  Plaintiffs seek for themselves and each Class member $500.00 in statutory  damages, for each and every violation, pursuant to 47 U.S.C. §  227(b)(3)(B).  • Pursuant to 47 U.S.C. § 227(b)(3)(A), injunctive relief prohibiting such  conduct in the future.  • Any other relief the Court may deem just and proper. 