10.  Defendant contacted or attempted to contact Plaintiff from telephone  number (510) 573-7243, confirmed to be Defendant’s number.   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  telephone service for which Plaintiff incurs a charge for incoming calls pursuant to  47 U.S.C. § 227(b)(1).    13.  During all relevant times, Defendant did not possess Plaintiff’s “prior  express consent” to receive calls using an automatic telephone dialing system or an  artificial or prerecorded voice on its telephones pursuant to 47 U.S.C. §  227(b)(1)(A).   15.  Plaintiff brings this action individually and on behalf of all others  similarly situated, as a member the proposed class (“The Class”). The class is  defined as follows:  All persons within the United States who received any  solicitation/telemarketing  telephone  calls  from  Defendant to said person’s telephone made through the  use of any automatic telephone dialing system or an  artificial or prerecorded voice and such person had not  previously consented to receiving such calls within the  four years prior to the filing of this Complaint.   16.  Plaintiff represents, and is a member of, The Class, consisting of all  persons within the United States who received any solicitation telephone calls from  Defendant to said person’s telephone made through the use of any automatic  telephone dialing system or an artificial or prerecorded voice and such person had  not previously not provided their telephone number to Defendant within the four  years prior to the filing of this Complaint.   17.  Defendant, their employees and agents are excluded from The Class.   Plaintiff does not know the number of members in The Class, but believes the  members of The Class 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.   18.  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 November of 2018, Defendant contacted  Plaintiff on Plaintiff’s telephone number ending in -7210 in an attempt to solicit  Plaintiff to purchase Defendant’s services.     9.  Defendant used an “automatic telephone dialing system” as defined  by 47 U.S.C. § 227(a)(1) to place its calls to Plaintiff seeking to solicit its services.    Knowing and/or Willful Violations of the Telephone Consumer Protection  Act   47 U.S.C. §227(b)   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.   Negligent Violations of the Telephone Consumer Protection Act  47 U.S.C. §227(b)   As a result of Defendant’s negligent violations of 47 U.S.C.  §227(b)(1), Plaintiff and The Class members are entitled to and  request $500 in statutory damages, for each and every violation,  pursuant to 47 U.S.C.  227(b)(3)(B).    Any and all other relief that the Court deems just and proper. 