10.  Defendant’s calls constituted calls that were not for emergency  purposes as defined by 47 U.S.C. § 227(b)(1)(A).   11.  Defendant’s calls were placed to telephone number assigned to a  cellular telephone service for which Plaintiff incurs a charge for incoming calls  pursuant to 47 U.S.C. § 227(b)(1).    13.  Plaintiff brings this action on behalf of himself and all others similarly  situated, as a member of the proposed class (hereafter “The Class”) defined as  follows:  All persons within the United States who received any  telephone calls from Defendant to said person’s cellular  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   14.  Plaintiff represents, and is a member of, The Class, consisting of All  persons within the United States who received any telephone calls from Defendant  to said person’s cellular 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 cellular telephone number to Defendant within the  four years prior to the filing of this Complaint.   15.  Defendant, its employees and agents are excluded from The Class.   Plaintiff does not know the number of members in The Class, but believes the Class  members 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.   8.    Beginning in or around August 2016, Defendant contacted Plaintiff on  his cellular telephone ending in -5080, in an effort to sell or solicit its services.  Defendant called, including but not limited to around August 8, 2016 at 9:32 a.m.,  August 12, 2016 at 3:19 p.m., August 15, 2016 at 9:41 a.m., August 16, 2016 at  4:35 p.m., and August 17, 2016 at 10:55 a.m.  Defendant often called from  telephone numbers (646) 604-9033, (202) 813-9371, (646) 600-8266, and (202)  599-9203.   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 sell or solicit its  business services.    Negligent Violations of the Telephone Consumer Protection Act  47 U.S.C. §227 et seq.   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); and   Any and all other relief that the Court deems just and proper.   ///  ///  ///  ///  ///  ///  ///  ///  ///  ///  ///  ///  ///  /// 