14.  Plaintiff brings this class action on behalf of himself and all others similarly  situated, under Rules 23(a) and 23(b)(1)-23(b)(3) of the Federal Rules of Civil Procedure, for  Defendant’s violations of the TCPA.   16.  Numerosity: The Class is so numerous that joinder of all individual members in  one action would be impracticable. The disposition of the individual claims of the Class  members through this the class action will benefit both the parties and this Court.    17.  Upon information and belief the Class contains at a minimum thousands of  members.   18.  Upon information and belief, the Class’ size and the identities of the individual  members thereof are ascertainable through Defendant’s records, including, but not limited to  Defendant’s call records.   19.   Members of the Class may be notified of the pendency of this action by  techniques and forms commonly used in the class actions, such as by published notice, e-mail  notice, website notice, fax notice, first class mail, or combinations thereof, or by other methods  suitable to the Class and deemed necessary and/or appropriate by the Court.    20.  Typicality:  Plaintiff’s claims are typical of the claims of the members of the  Class.  The claims of the Plaintiff and members of the Class are based on the same legal theories  and arise from the same unlawful conduct.   21.  Defendant, using an automatic telephone dialing system within the meaning of the  TCPA, made, initiated and/or caused to be initiated  at least one telephone call to Plaintiff and  each member of the Class, without obtaining the called parties’ prior express consent,  that  delivered a text message identical or substantially similar to the text messages described above  that were left for Plaintiff.   23.  The questions of fact and law common to Plaintiff and the Class predominate over  questions which may affect individual members and include the following:  (a) Whether Defendant’s conduct of using an automatic telephone dialing system within  the meaning of the TCPA, to make, initiate or cause to be initiated at least one  telephone call to Plaintiff and each member of the Class, without obtaining the called  parties’ prior express consent, that delivered a text message identical or substantially  similar to the messages described above that was left for Plaintiff, violated the  27.  Plaintiff repeats each and every allegation contained in all of the above  paragraphs and incorporates such allegations by reference.   28.  By Defendant’s above-described conduct, Defendant committed thousands of  violations of the TCPA against Plaintiff and the members of the Class.   30.  If it is found that Defendant willfully and/or knowingly violated the TCPA,  Plaintiff and the members of the Class request an increase by the Court of the damage award  against Defendant, described in the preceding paragraph, to three times the amount available  under 47 U.S.C. § 227(b)(3)(B), as authorized by 47 U.S.C. § 227(b)(3) for willful or knowing  violations, which amounts to greater than $15,000,000. 