10. The link from the text message is connected to a website for “Paul R. Marino, Principal Broker  Landfall Properties, LLC.”   11. There is a link on that site that indicates that the sight is “POWERED BY REALBIRD”   13. The Website further indicates that the service includes two text messages per phone call in a section  labeled “How much does it cost?”  “The SMS listing marketing is included with the RealBird Pro service but requires a SMS capable  phone number from Twilio (http://www.twilio.com). The cost for the SMS number is only  $1/month. In addition, each SMS costs 1 cent (ie. 2 cents per lead) (See Attachment B).   14. The Plaintiff did not give his consent to receive these text messages.    15. The second text message was sent immediately after the first.    16. Neither text allowed the Plaintiff to opt out of receiving additional text messages.   17. The Plaintiff called the number on the realtor’s sign at  10:29 am and received the text  messages attached as Attachment A at 10:29 am.    18. Given the speed at which the text was received and the duplicative content of the message the  Defendant used an autodialer to send these messages.    19. "For autodialed or prerecorded-voice telemarketing calls to wireless numbers, prior express  consent must be written." TCPA OMNIBUS DECLARATORY RULING AND ORDER, JULY 10,  21. The proposed Class is believed to be so numerous that joinder of all members is  impracticable.  The exact number of members of the Class is unknown to Plaintiff at this  time and can only be ascertained through appropriate discovery.  The proposed Class is  believed to be ascertainable in that the contact information of all members of the Class can be  identified in business records maintained by Defendant or the Defendant’s principal or agent.   22. Plaintiff’s claims are typical of the claims of the members of the Class because Plaintiff and  all Class members’ claims originate from the same conduct, practice and procedure on the  part of the Defendant and Plaintiff has suffered the same injuries as each member of the  class.  Like all proposed members of the Class, Plaintiff received autodialed or predictive  dialed calls to his cellular phone for which he did not give consent.    23. Plaintiff will fairly and adequately protect the interests of the members of the Class and has  retained counsel experienced in consumer protection litigation.  Plaintiff’s counsel has co- counseled consumer class action litigation and has an established ongoing association with  experienced consumer class action attorneys with nationwide reach and resources.   25. Issues of law and fact common to the members of the Class predominate over any questions  that may affect only individual members, in that Defendants have acted on grounds generally  applicable to the Class.  Among the issues of law and fact common to the Class are:  i.  Defendant’s violations of the TCPA as alleged herein;  ii.  The existence of Defendant’s identical conduct particular to the matters at  issue; including but not necessarily limited to the placement of  automatically dialed text messages to cellular phones without the consent  of the called individual.    26. Absent a class action, Defendant’s violations of the law will be allowed to proceed without a  full, fair, judicially supervised remedy.     27. A heretofore unknown number of consumers are without a remedy for these violations of  Federal Law.   28. Plaintiff repeats and re-alleges each and every allegation contained herein as if fully stated  within this count.    30. The Statutory scheme of the TCPA  provides for a private action for violations of the statute:  “A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring  in an appropriate court of that State- (A) an action based on a violation of this subsection or  the regulations prescribed under this subsection to enjoin such violation, (B) an action to  recover for actual monetary loss from such a violation, or to receive $500 in damages for  each such violation, whichever is greater, or (C) both such actions.” 47 U.S.C. § 227(b)(3).   31. “If the court finds that the defendant willfully or knowingly violated this subsection or the  regulations prescribed under this subsection, the court may, in its discretion, increase the  amount of the award to an amount equal to not more than 3 times the amount available under  subparagraph (B) of this paragraph.” 47 U.S.C. § 227(b)(3).    32. “[A]n act may be ‘intentional’ for purposes of civil liability even if the actor lacked actual  knowledge that [their] conduct violated the law.” Jerman v. Carlisle, McNellie, Rini, Kramer,  130 S. Ct. 1605, 1612 (2010). See also Kolstad v. American Dental Assn., 527 US 526, 549  (1999) (holding that willful violations can be found where a defendant acts with “careless” or  “reckless” disregard for federally protected rights).   33. Here, Defendant has used an “automatic telephone dialing system” to text the Plaintiff on his  cellular telephone.    34. In the alternative Defendant has used a “predictive telephone dialing system” to text the  Plaintiff on his cellular telephone.   35. The Defendant did not have Plaintiff’s consent to contact his cell phone.    36. The Defendant sent these texts with careless or reckless disregard that their conduct violated  the law.    38. The claims on the Defendant’s website implies that the Defendant has conducted these  violations in a widespread manner.    39. A heretofore unknown number of consumers have the same or similar claims against the  Defendant and are entitled to the relief provided for by Federal Law.  WHEREFORE, Plaintiff requests this Honorable Court enter the following relief:  a. Determine that this action is a proper class action and designating Plaintiff as class  representative under Rule 23 of the Federal Rules of Civil Procedure;  b. Adjudge that Defendant violated 47 U.S.C. § 227;  c. Enjoin the Defendant from any further violations of 47 U.S.C. § 227;  d.  Award Plaintiff and members of the Class statutory damages for each phone call  made in violation of this statute, pursuant to 47 U.S.C. § 227(b)(3);   e. Award Plaintiff and members of the Class triple damages pursuant to 47 U.S.C. §  227(b)(3);  f. Award Plaintiff any pre-judgment and post-judgment interest as may be allowed  under the law;  g. Approve or award attorneys’ fees as appropriate for representing the plaintiff and  the class;  h. Issue such other and further relief as the Court may deem just and proper.   7. The Plaintiff called the telephone number on a real estate agent's sign with his cellular phone.    8. The call was not answered.    9. Upon hanging up the call the Plaintiff received two text messages from the Defendant each  communicating the following:  “Thank you for your real estate inquiry. Please see this link for details http://bitly/1g4TnYy. Or call  (884) 3733657 for more info.” (See Attachment A)   DEFENDANT’S VIOLATIONS OF 47 U.S.C. § 227  