22. Plaintiff brings this action on behalf of himself and on behalf of and Class  Members of the proposed Class pursuant to Federal Rules of Civil  Procedure 23(a) and (b)(3) and/or (b)(2).    23. Plaintiff’s propose to represent the following Class consisting of and  defined as follows:  All persons within the United States who received any  telephone call(s) from Defendant or its agent(s) and/or  employee(s), not for an emergency purpose, on said person’s  cellular telephone, made through the use of any automatic  telephone dialing system or artificial or prerecorded voice  from four years prior to the date of the filing of this  Complaint.    24. AMEX and its employees or 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 several thousands, if not more.  Thus, this matter  should be certified as a Class action to assist in the expeditious litigation  of this matter.   34.  Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   35.  AMEX’s call to Plaintiff’s cellular telephone without any prior express  consent constitutes a negligent violation 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.   36.  As a result of AMEX’s, and AMEX’s agents’, negligent 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).   37.  Plaintiff and the Class are also entitled to and seek injunctive relief  prohibiting such conduct in the future.  38.  Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   8.  At all times relevant, AMEX conducted business in the State of California  and in the County of San Diego, within this judicial district.   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 AMEX’s and AMEX’s agents’ negligent violations of 47  U.S.C. § 227(b)(1), Plaintiff seeks for himself 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), Plaintiff seeks injunctive relief  prohibiting such conduct in the future.  •  Any other relief the Court may deem just and proper. 