10.  Bulk text messaging has become a popular means by which companies can directly  communicate with cell phone owners for the purpose of soliciting business.   11.  Short Messaging Service, or “SMS” is a cellular telephone messaging system that  allows the cellular telephone subscribers to use their cellular devices to send and receive short text  messages, usually limited to 160 characters.     12.  When an SMS message call is transmitted, the recipient’s cell phone rings to  indicate a text message has arrived.     13.  Defendants harvest cellular telephone numbers for the purpose of transmitting SMS  advertisements to large groups of cellular subscribers.    35.  Pursuant to Rules 23(b) and (c) of the FEDERAL RULES OF CIVIL PROCEDURE,  Plaintiff brings this action on his own behalf and on behalf of the proposed Plaintiff Class.  Plaintiff  seeks certification of a Plaintiff Class consisting of:  All persons within the United States who received any text message  sent from Defendants or its agents to said person’s cellular telephone  promoting Jim Feist products and/or services.     36.  The following individuals are excluded from the Class: (1) any Judge or Magistrate  presiding over this action and members of their families; (2) Defendants, Defendants’ subsidiaries,  parents, successors, predecessors, and any entity in which Defendants or their parents have a  controlling interest, and its 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 Defendants have been fully and finally adjudicated and/or released.     37.  Plaintiff does not know the number of members in the Class, but believes the Class  members number in the tens of thousands, if not more.  This matter should therefore be certified  as a Class Action to assist in the expeditious litigation of this matter.     38.  Plaintiff and members of the Class were harmed by Defendants’ acts in at least the  following ways: Defendants, either directly or through its agents, illegally contacted Plaintiff and  the Class members via their cellular telephones by sending unsolicited text messages for the  purpose of advertising products or services, thereby causing Plaintiff and the Class members to  48.  Plaintiff re-alleges and incorporates by reference each preceding paragraph as  though set forth at length herein.   49.  Defendants made unsolicited and unauthorized text message calls, including text message  calls referenced in paragraph 22, to the wireless telephone numbers of Plaintiffs and the Class.   Each such text message call was made using equipment that, upon information and belief, had the  capacity to store or produce telephone numbers to be called, using a random or sequential number  generator.   50.  The text calls were made en masse and without the prior express consent of Plaintiff and  other members of the Class to receive such wireless spam.   51.  The foregoing acts and omissions of Defendants constitute numerous and multiple  violations of the TCPA, including but not limited to violation of 47 U.S.C. § 227(b)(1)(A)(iii).     52.  As a result of Defendant’s violations of 47 U.S.C. § 227, et. seq., Plaintiff 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).     53.  Because Defendant had knowledge that Plaintiff and the Class Members did not  consent to the receipt of the aforementioned telephone solicitations, the Court should, pursuant to  47 U.S.C. § 227(b)(3)(C), treble the amount of statutory damages recoverable by the Plaintiff and  Class Members.     54.  Plaintiff and the Class Members are also entitled to and seek injunctive relief  prohibiting such conduct in the future.  VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT  47 U.S.C. § 227  